Residential Sublease Agreement

SUBLEASE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This SUBLEASE AGREEMENT ("Agreement") is made and executed at the City/Municipality of....................................., Province of....................................., this day of....................................., by and between:

________, Filipino, of legal age, single, and with postal address at ________, hereinafter referred to as the SUBLESSOR

-and-

________, Filipino, of legal age, single, and with postal address at ________, hereinafter referred to as the SUBLESSEE

WITNESSETH: That

WHEREAS, the SUBLESSOR is leasing the "LEASED PROPERTY", a ________-bedroom house and lot, situated at ________, covered by Transfer Certificate of Title No. ________, a copy of which is hereto attached as Annex "A", as evidenced by the lease agreement between SUBLESSOR and ________ dated ________, the "LESSOR", a copy of which is hereto attached as Annex "B"

WHEREAS, the SUBLESSOR is authorized to enter into this Agreement by the LESSOR as evidenced by the written consent dated ________, a copy of which is hereto attached as Annex "C"

WHEREAS, the SUBLESSOR has offered for sublease and the SUBLESSEE desires to sublease the LEASED PROPERTY

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants contained herein, the SUBLESSOR hereby subleases the LEASED PROPERTY to the SUBLESSEE and the SUBLESSEE hereby accepts the same from the SUBLESSOR, under the following terms and conditions:

1. TERM OF LEASE

The sublease shall start on ________ and shall end on ________, with the option to renew under such terms and conditions as may be mutually agreed upon by both parties

2. RENTAL

a. RATE. The SUBLESSEE shall pay for the use of the LEASED PROPERTY the monthly rate of ________ (₱________), inclusive of association dues, to be paid in advance within Five (5) days of every current month.

b. OTHER INCLUSIONS. The rental rate is inclusive of the following bills: water, electricity, landline phone, internet and cable tv.

c. PENALTY FOR LATE PAYMENT OF RENT. A grace period of ________ shall be given from the date specified in this Agreement for the payment of the monthly rent and any delayed payments thereafter shall be charged a penalty of ________ (________%) percent of the rent.

3. ADVANCED RENT AND SECURITY DEPOSIT

The SUBLESSEE shall pay ________ (₱________) representing both the one (1) month advance rental, to be applied on the first month of the sublease period, and One (1) month security deposit.

The security deposit will answer for any unpaid charges for services and utilities incurred by the SUBLESSEE, damages to the premises, with the exception of natural wear and tear, and as liquidated damages as provided for under this AGREEMENT. The amount, after due deduction therefrom, shall be refunded to the SUBLESSEE no later than thirty (30) days from the complete return of the LEASED PROPERTY.

The SUBLESSOR shall keep the security deposit in a bank account under SUBLESSOR's name for the duration of the sublease and any interest earned therefrom shall likewise be refunded to SUBLESSEE.

4. METHOD OF PAYMENT

At the signing of this Agreement, the SUBLESSEE shall make the initial payment of the advance rent and the security deposit under this Agreement in cash to the SUBLESSOR. Thereafter, the monthly rent payments shall be made in advance in cash to the SUBLESSOR within Five (5) days of every current month. However, when said day falls on a weekend or a legal holiday, the rent will be due on the first business day after said date.

5. CONDITION OF PROPERTY

The SUBLESSEE has inspected the LEASED PROPERTY and has found the same to be in a good and habitable condition.

The SUBLESSEE has also found the following to be in good and working condition:

________

All furniture included in the LEASED PROPERTY shall be considered as part of the LEASED PROPERTY.

6. USE OF LEASED PROPERTY

a. PURPOSE OF THE LEASE. The LEASED PROPERTY shall be used exclusively by the SUBLESSEE for residential purposes only and may not be used for any other purpose without the written consent of the SUBLESSOR.

The LEASED PROPERTY shall not be used for any illegal purpose or acts. If the SUBLESSEE becomes aware of any illegal activities on the LEASED PROPERTY, the SUBLESSEE shall notify the SUBLESSOR as well as the proper authorities. The SUBLESSEE shall be responsible for any illegal acts or omissions of the SUBLESSEE's household members, guests and visitors regardless of the fact that the SUBLESSEE was a party to or knew of said illegal acts or omissions in the LEASED PROPERTY.

b. MAINTENANCE AND REPAIRS. The SUBLESSEE shall keep the LEASED PROPERTY in a clean and sanitary condition and use and maintain any furniture and/or appliances found in the LEASED PROPERTY with the due diligence of a good father of a family.

The SUBLESSEE shall report to the SUBLESSOR of the need for any necessary repairs on the LEASED PROPERTY as soon as possible but in no case later than forty-eight (48) hours from the time the damage or need for repair was discovered.

The SUBLESSOR shall make or cause to make any necessary repairs upon receipt of notice from the SUBLESSEE If the LESSOR fails to make or cause to be made any urgent or necessary repairs within three (3) working days from notice, the SUBLESSEE may make or cause the urgent or necessary repairs to maintain the LEASED PROPERTY in a good and habitable condition. Said repairs shall be for the account of the SUBLESSOR unless the damage arose from the LESSEE's fault or negligence or the fault of negligence of the SUBLESSEE's household members, guests, or other visitors.

If the damage arose from the SUBLESSEE's fault or negligence or the fault of negligence of the SUBLESSEE's household members, guests, or other visitors, the SUBLESSEE may make or cause the necessary repairs the cost of which shall be entirely for the SUBLESSEE's account provided that any poor workmanship may also be undone and repaired at the SUBLESSEE's account. Any damage shall be presumed to be caused by the fault or negligence of SUBLESSEE unless the same was caused by fortuitous events, acts of God, or force majeure.

c. IMPROVEMENTS AND ALTERATIONS. The SUBLESSEE shall not make any structural alteration, addition, or improvement on the LEASED PROPERTY without the written consent of the SUBLESSOR.

Any and all improvements made on the LEASED PROPERTY shall automatically belong to the LESSOR upon the expiration of this Agreement for any reason whatsoever, with no obligation to reimburse or pay the value thereof to the SUBLESSEE.

The LESSEE shall not drive nails, hooks, screws, etc. on the walls, ceiling, or floors of the LEASED PROPERTY without the prior written consent of the LESSOR.

d. OCCUPANCY. The SUBLESSEE shall ensure that not more than ________ (________) persons shall reside in the LEASED PROPERTY at one time.

e. FIRE HAZARD AND HAZARDOUS SUBSTANCE. The SUBLESSEE shall not keep or store flammable, combustible or explosive materials inside or within the LEASED PROPERTY.

f. UTILITIES. The SUBLESSEE shall be responsible for the payment of other services and utilities not included in the payment of the rental rate.

The SUBLESSEE shall enjoy the use of the water, electricity, landline phone, internet and cable tv, subject to the prompt payment of the monthly rental. The SUBLESSOR shall not be responsible and/or held liable for any failure to provide the utilities due to circumstances beyond the control of the SUBLESSOR.

g. SHORT-TERM SUB-RENTALS. The SUBLESSEE shall not place the LEASED PROPERTY up for any short term rental, including through online vacation rental sites.

h. PETS. The pet policy for the LEASED PROPERTY are as follows:

________

i. RULES AND REGULATIONS. The SUBLESSEE shall abide by the existing and future rules and regulations promulgated by the ________, and other laws, ordinances, rules, and regulations promulgated or shall be promulgated by the competent authorities when it affects the occupancy of the LEASED PROPERTY.

j. LOCKS. The SUBLESSEE shall not alter or replace any locks on the LEASED PROPERTY without the written consent of the SUBLESSOR. The SUBLESSEE shall also not add any new locks without the written consent of the SUBLESSOR. If SUBLESSEE alters, replaces or installs additional locks, the locks shall stay on the LEASED PROPERTY at the expiration of the AGREEMENT, and will become part of the LEASED PROPERTY, subject to other penalties that may be deducted from the security deposit.

k. NOTICE OF ABSENCE. The SUBLESSEE shall notify the SUBLESSOR in writing two (2) days prior to the departure of SUBLESSEE of the intention to leave the LEASED PROPERTY unoccupied temporarily for more than thirty (30) days.

l. LEASE CONTRACT. The SUBLESSEE agrees to abide by the terms and conditions of the lease agreement dated ________, a copy of which is hereto attached.

7. TAXES AND INSURANCE

All real estate taxes levied or assessed against the LEASED PROPERTY and the following insurance on the LEASED PROPERTY shall be for the account of the SUBLESSOR:

________

8. RIGHT OF ENTRY OF SUBLESSOR

The SUBLESSOR or their authorized representative reserves the right to enter the LEASED PROPERTY as follows:

a. Upon a two (2) day notice to the SUBLESSEE before entry, at reasonable times, in order to inspect the LEASED PROPERTY; make necessary or agreed repairs; to make agreed decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The SUBLESSEE shall not unreasonably withhold consent upon receipt of said notice. "Reasonable times" shall mean 7:30 a.m. to 8:00 p.m.

b. In times of emergency, with or without the consent of the SUBLESSEE, for the protection or preservation of the LEASED PROPERTY from causes that may result in the destruction of the LEASED PROPERTY.

c. Upon a twenty-four hour notice to SUBLESSEE prior to entry to make necessary repairs on the property at reasonable times. "Reasonable times" for repair shall mean 7:30 a.m. to 8:00 p.m.

d. At any of the following circumstances:

1. With the consent of the SUBLESSEE

2. When the SUBLESSEE unreasonably withholds consent after the above-mentioned notices

3. Upon the conditions set forth in the lease agreement

e. The SUBLESSOR shall not abuse the right of access nor use it to harass SUBLESSEE.

9. TERMINATION OF THE LEASE BY THE SUBLESSOR

The sublease may be terminated, at the discretion of the SUBLESSOR, under the following circumstances:

a. If the SUBLESSEE assigns or subleases the LEASED PROPERTY, in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the SUBLESSOR;

b. If the SUBLESSEE has arrears in payment of rent for a total of three (3) months;

c. Upon the expiration of the sublease period, if the LESSOR/OWNER has a legitimate need to repossess the LEASED PROPERTY for the LESSOR/OWNER's own use or for the use of an immediate member of the family of the LESSOR/OWNER as a residential unit;

d. If there is a need to make necessary repairs on the LEASED PROPERTY to make the LEASED PROPERTY safe and habitable due to an existing order of condemnation by appropriate authorities; and

e. Upon the expiration of the period of sublease.

10. NOTICE OF TERMINATION BY THE SUBLESSOR

The SUBLESSOR may terminate the sublease by sending a written notice of termination and a demand for the SUBLESSEE to surrender and vacate the LEASED PROPERTY.

Provided that, if the cause for termination is due to the legitimate need to repossess the LEASED PROPERTY, the SUBLESSOR shall send a written formal notice of the decision to terminate the sublease at least three (3) months in advance of the intention to repossess the LEASED PROPERTY.

11. RECEIPT OF NOTICE BY THE SUBLESSEE

All written notices from the SUBLESSOR, including but not limited to the written notice to terminate the sublease and the written demand to vacate and surrender the LEASED PROPERTY, shall be considered received on the date of the actual receipt by the SUBLESSEE or the SUBLESSEE's authorized representative. If the SUBLESSEE or the SUBLESSEE's authorized representative refuse to receive the said written notices or if the SUBLESSEE or the SUBLESSEE's authorized representative cannot be found on the LEASED PROPERTY, the written notice shall be considered received by the SUBLESSEE on the date of the posting of the written notice on the main entrance to the LEASED PROPERTY.

12. JUDICIAL EJECTMENT

The SUBLESSOR may commence judicial proceedings for ejectment upon the SUBLESSEE's failure to vacate and surrender the LEASED PROPERTY within the period specified in the written demand to vacate the LEASED PROPERTY.

13. PRE-TERMINATION BY THE SUBLESSEE

The SUBLESSEE may pre-terminate the sublease:

a. Immediately through a written notice, upon a breach or default of the SUBLESSOR of any terms and conditions of this AGREEMENT and the SUBLESSOR fails to rectify the said breach or default within thirty (30) days from notice if the breach or default does not impair the purpose and use of the LEASED PROPERTY;

b. Immediately through a written notice, upon a breach or default of the SUBLESSOR of any terms and conditions of this AGREEMENT and said breach or default impairs the purpose and use of the LEASED PROPERTY;

c. Upon a thirty (30) day notice, if the SUBLESSEE pre-terminates the sublease without any just cause.

14. FORTUITOUS EVENTS

In case of damage to the LEASED PROPERTY due to fortuitous events such as flood, earthquake, fire, war, or any other unforeseen events, the SUBLESSEE shall immediately give notice to the SUBLESSOR as soon as possible, and in no case, less than forty-eight (48) hours from the discovery of said damage. The SUBLESSOR shall make the necessary repairs for the SUBLESSOR's account as provided for in this AGREEMENT provided that said damage is not due to the fault or negligence of the SUBLESSEE. However, if the said damage, without the fault or negligence of the SUBLESSEE, makes the LEASED PROPERTY no longer suitable for the purpose of this AGREEMENT, either party may terminate the sublease and any advance rental already paid shall be refunded to the SUBLESSEE.

The SUBLESSEE agrees to act with reasonable diligence in mitigating the damage to the LEASED PROPERTY.

15. RENEWAL OF AGREEMENT OR EXTENSION OF THE LEASE

The SUBLESSEE shall notify the SUBLESSOR in writing of his or her desire to renew the sublease at least sixty (60) days prior to the expiration of the AGREEMENT, provided, however, that the mere notification by the SUBLESSEE of the desire to renew the AGREEMENT shall not be deemed as an automatic renewal of the sublease. The SUBLESSOR shall notify the SUBLESSEE in writing at least thirty (30) days prior to the expiration of the AGREEMENT if the SUBLESSOR shall agree to renew or extend the sublease upon the terms and conditions mutually agreed upon by both parties.

Failure of the SUBLESSEE to give the written notice of their intention to renew the sublease within sixty (60) days or a failure to agree to terms and conditions for the renewal or extension of the sublease entitles the SUBLESSOR to show the LEASED PROPERTY to prospective new tenants in the manner provided above and, if proper, to hang a "For Rent" sign on the LEASED PROPERTY.

16. RETURN OF LEASED PROPERTY

Upon the termination or expiration of the sublease, the SUBLESSEE shall immediately vacate and peacefully and completely surrender the LEASED PROPERTY to the SUBLESSOR in a good and habitable condition, save for the natural wear and tear, and devoid of any occupants, furniture, or other articles of any kind, save for the alterations and modifications, in which case the proper provisions in this AGREEMENT shall apply.

17. ASSIGNMENT AND SUBLEASE

The AGREEMENT may not be assigned and the LEASED PROPERTY may not be subleased without the written consent of the SUBLESSOR.

18. NO WAIVER OF RIGHTS

Failure of the SUBLESSOR or the SUBLESSEE to insist, in one or more instances, the strict performance of any of the covenants of this AGREEMENT, or to exercise any portion herein contained, shall thereafter not be construed as abandonment or cancellation or waiver of such covenant or option. No waiver shall be deemed to have been made unless expressed in writing and signed by SUBLESSOR or the SUBLESSEE.

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22. SEVERABILITY

The invalidity of any portion of this AGREEMENT will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this AGREEMENT is held to be invalid, the SUBLESSOR and the SUBLESSEE agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

23. ENTIRETY OF AGREEMENT

This AGREEMENT represents the entire agreement between the SUBLESSOR and the SUBLESSEE and supersedes all prior negotiations, representations, agreements, either oral or written. This AGREEMENT may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and place first stated above.

________
Sublessor

________
Sublessee

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________________________ )
CITY OR MUNICIPALITY OF ________________________ )S.S.

BEFORE ME, a Notary Public, for and in the CITY OR MUNICIPALITY OF ________________________, ________________________, this _______ day of ________________________, 20______, personally appeared the following persons:

1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________;

2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________.

All known to me to me and to me known to be the same persons who executed the foregoing SUBLEASE AGREEMENT and they acknowledged to me that the same is their free and voluntary act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place written above.

Doc. No. _________;
Page No. ________;
Book No. ________;
Series of ________.