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RESIDENTIAL LEASE AGREEMENT

THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN THE PROPERTY OWNER


[NAME] ; WHOSE ADDRESS [ADDRESS], IN THE MUNICIPALITY OF [CITY AND
STATE] , AND, THE TENANT :
[NAME] , WHO IS LEASING A HOUSE WITH # BEDROOMS, # BATHROOMS, A
FULL KITCHEN, LIVING ROOM, DINING ROOM WITH PUBLIC DEED NUMBER
_____#_____ LOCATED ON [FULL ADDRESS] . THE LANDLORD AND TENANT
DECLARE THAT THEY ARE ABLE TO AND HAVE THE NECESSARY LEGAL CAPACITY TO
OBLIGATE THEMSELVES PURSUANT TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THEREFORE THERE IS NO OBSTACLE TO THE EXECUTION HEREOF:
CLAUSES
I. - THE TENANT AGREES TO PAY MONTHLY TO THE LANDLORD, OR TO THEIR LEGAL
REPRESENTATIVE, THE THE EQUIVALENT MONTHLY SUM IN NATIONAL CURRENCY OF $
[AMOUNT] PESOS ([AMOUNT] PESOS 00/100 NATIONAL CURRENCY), IN THE
OFFICIAL EXCHANGE RATE IN EFFECT THE DAY OF HIS/HER PAYMENT. RENT WILL BE
PAID WITH COMPLETE PUNCTUALITY ON THE DUE DATE FOR THE COMING
MONTHS AT THE LANDLORDS ADDRESS, [ADDRESS], IN THIS CITY, IN AGREEMENT
WITH THE CONTENT OF THE CIVIL CODE ARTICLES 2301 AND THE FIRST SECTION OF
2299, WHICH TAKE EFFECT HENCEFORTH FROM THE DATE THAT THIS CONTRACT IS
SIGNED.
II. - THE PREMISES ARE TO BE USED EXCLUSIVELY AS A PRIVATE RESIDENCE, IN
AGREEMENT WITH SECTION III OF ARTICLE 2299 OF THE CIVIL CODE, WHICH
DETERMINES THAT WITHIN 5 DAYS OF SIGNING THIS CONTRACT, THE TENANT WILL
SUBMIT DOCUMENTATION OF HIS/HER APPLICATION FOR A FEDERAL TAX
IDENTIFICATION NUMBER, AND THEN THE OFFICIAL DOCUMENT ITSELF WITHIN A
REASONABLE TIME PERIOD. THE LANDLORD RESERVES THE RIGHT TO EVICT THE
TENANT FROM THE PREMISES IN THE EVENT THEY ARE BEING USED FOR PURPOSES
OTHER THAN WHAT IS INDICATED IN THIS CONTRACT, AS PER SECTION II OF
ARTICLE 2363 OF THE CITED CODE.
III. - THE TENANT EXPRESSLY AGREES TO PAY EACH MONTH IN FULL, EVEN WHEN
HE/SHE IS MINIMALLY PRESENT ON THE PREMISES, AND THAT FAILURE TO PAY A
MONTHS RENT CAN RESULT IN THE ANNULMENT OF THE CONTRACT AND A
REQUEST, ON THE PART OF THE LANDLORD, THAT THE TENANT VACATES THE
PREMISES. THE RENTER HEREBY AGREES THAT LATE PAYMENT OF THE RENT WILL
RESULT IN A CONTRACTUAL PENALTY IN THE SUM OF 10% OF THAT MONTHS RENT.
IF, UNDER ANY CIRCUMSTANCES, THE LANDLORD HAS RECEIVED THE TENANTS
RENT IN A FORM OTHER THAN WHAT IS STIPULATED IN THIS CONTRACT, HE/SHE
SHALL BE IN BREACH OF THE CONTRACT, AS PER THE AFOREMENTIONED CLAUSES.
LASTLY, THE TENANT NAMES THIS RENTED PROPERTY AS HIS/HER LEGAL
RESIDENCE, THUS RENOUNCING ANY OTHER WHERE APPROPRIATE AND ALTHOUGH
UNOCCUPIED.
IV. - THE TENANT ACKNOWLEDGES THAT HE/SHE HAS EXAMINED THE RENTED

PREMISES AND HIS/HER ACCEPTANCE OF THIS AGREEMENT IS CONCLUSIVE


EVIDENCE THAT SAID PREMISES ARE IN GOOD AND SATISFACTORY ORDER AND
REPAIR. TENANT AGREES NOT TO DAMAGE THE PREMISES THROUGH ANY ACT OR
OMISSION, AND TO BE RESPONSIBLE FOR ANY DAMAGES SUSTAINED THROUGH THE
ACTS OR OMISSIONS OF THE TENANT. IF SUCH DAMAGES ARE INCURRED, TENANT IS
REQUIRED TO PAY FOR ANY RESULTING REPAIRS.
V. - THE TENANT WILL BE RESPONSIBLE FOR ANY DAMAGE TO THE PREMISES
SUSTAINED THROUGH THE ACTS OR OMISSIONS OF TENANT. IMPERFECTIONS IN
THE PLUMBING AND DRAINAGE SYSTEMS, ELECTRICAL SYSTEMS AND OTHER
APPLICABLE ENTITIES WILL BE PAID BY THE TENANT, EVEN IF SAID IMPERFECTIONS
ARE THE RESULT OF NORMAL USE AND WEAR.
VI. - TENANT WILL NOT, WITHOUT LANDLORDS PRIOR WRITTEN CONSENT:
A. MAKE ANY STRUCTURAL CHANGES OR ALTERATIONS OR ADDITIONS TO THE
PREMISES TO THE LEASED PROPERTY.
B. MAKE FUNCTIONAL, NECESSARY, OR ORNAMENTAL IMPROVEMENTS, AND IF
MADE THE TENANT WILL RETURN THE PROPERTY TO ITS ORIGINAL STATE OF
RECEPTION Y CLAIM RESPONSIBILITY FOR ANY DAMAGES. ANY OF THE
ABOVE-DESCRIBED WORK SHALL BECOME PART OF THE DWELLING, THE
RIGHTS TO WHICH ARE RENOUNCED BY THE TENANT AS PER ARTICLES 2297
AND 2298 OF THE CIVIL CODE.
VII. - THE TRANSFER OR SUBLETTING OF THE PREMISES OR ANY PORTION THEREOF
WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANDLORD IS EXPRESSLY
PROHIBITED, AS PER ARTICLE 2354 OF THE CIVIL CODE.
AND, UNDER NO
CIRCUMSTANCES SHALL THE TENANT CLAIM RIGHTS TO ANY RENT PAYMENTS OR
REQUEST A RENT REDUCTION, AS PER ARTICLES 2295 AND 2319 OF THE
AFOREMENTIONED CODE.
VIII. - THE TERMS OF THIS CONTRACT TAKE EFFECT ON [MONTH AND DAY] OF
[YEAR] AND IS FOR AN INDEFINITE PERIOD OF TIME, CONCLUDING ON THE
DAY--------------- OF 20-----.
IX. - IF TENANT REMAINS IN POSSESSION OF THE PREMISES WITH THE CONSENT OF
LANDLORD AFTER THE NATURAL EXPIRATION OF THIS AGREEMENT, A NEW MONTHTO-MONTH TENANCY SHALL BE CREATED BETWEEN LANDLORD AND TENANT,
WHICH SHALL BE SUBJECT TO ALL TERMS AND CONDITIONS HEREOF. LANDLORD
RESERVES THE RIGHT TO MODIFY THE RENT SUM AT WILL. IF THE TENANT DOES
NOT ACCEPT THE NEW TERMS HE/SHE AGREES TO VACATE THE PREMISES WITHIN
SIXTY DAYS OF RECEIVING WRITTEN NOTIFICATION.
X. - WHEN THE LANDLORD, OWNER OF THE LEASED PROPERTY IN THIS
CONTRACT, WOULD LIKE TO REPAIR, SELL, OR MODIFY ITS CONSTRUCTION,
OR EVEN CHANGE THE TENANT, THE TENANT IS OBLIGED TO VACATE THE

PREMISES WITHIN SIXTY DAYS FROM WHICH HE/SHE RECEIVES WRITTEN


NOTICE AND WILL CONTINUE TO PAY UNTIL HE/SHE VACATES. IF IT IS THE
TENANT WHO CHOOSES TO VACATE THE PREMISES, HE/SHE WILL NOTIFY THE
LANDLORD WITH SIXTY DAYS OF ANTICIPATION, TAKING EFFECT HENCEFORTH
FROM THE DATE ON WHICH THE LANDLORD RECEIVES WRITTEN NOTICE. IN
SUCH CASE, THE LANDLORD RETAINS THE RIGHT TO ANNOUNCE THE RENT
OF THE PROPERTY AS HE/SHE SEES FIT.
XI. - IN THE EVENT THAT THE TENANT KEEPS ANY ITEM OF A DANGEROUS OR
FLAMMABLE NATURE ON THE PREMISES, HE/SHE WILL CONTRACT AN
INSURANCE POLICY THAT COVERS FIRE DAMAGE, AND THE TENANT ASSUMES
LEGAL RESPONSIBILITY FOR THIRD PARTY INJURY/DAMAGE.
XII. - THE TENANT DECLARES THE HE/SHE UNDERSTANDS THE CONDITIONS OF THE
LEASED PROPERTY PERFECTLY AND HAS NO HIDDEN FLAWS. TENANT WAIVES THE
RIGHTS CONCEDED TO HIM/HER BY ARTICLES 2286, SECTION V, AND 2295 OF THE
CIVIL CODE, WHICH
INCLUDES HYGIENIC CONDITIONS PREVENTED BY THE
DEPARTMENT OF HEALTH AND ASSISTANCE, AS WELL AS THE PUBLIC MUNICIPAL
CODES, WHICH THE TENANT IS OBLIGATED TO MAINTAIN AT THEIR OWN COST.
XIII. - TENANT SHALL BE RESPONSIBLE FOR CONTACTING, ARRANGING FOR AND
PAYING ALL OF THE UTILITY SERVICES THAT ARE ESTABLISHED ON THE
RENTED PROPERTY. INCLUDING ELECTRICITY, WATER, TELEPHONE, FUMIGATION
SERVICES, FIRE EXTINGUISHER FILLING, ETC. CONSEQUENTLY, HE/SHE WILL DEAL
DIRECTLY WITH THE COMPANIES RENDERING SERVICES FOR THEIR INSTALLATION,
INTERRUPTION, OR CANCELLATION.
XIV. - TERMINATION OF THIS RENTAL AGREEMENT FOR REASONS DEFINED IN
ARTICLE 2357 OF THE CIVIL CODE , AS WELL AS FOR EARLY TERMINATION, ----- THE
EXPIRED TERM THE TENANT WILL VACATE THE PREMISES AND RETURN THEM TO
THE PROPERTY OWNER OR THEIR APPOINTED REPRESENTATIVE. IN THE EVENT OF A
BREACH OF THIS CONTRACT FOR ANY OF THE AFOREMENTIONED CLAUSES, AS
WELL AS CAUSES DETERMINED BY ARTICLE 2363 OF THE CIVIL CODE, THE
LANDLORD MAY TERMINATE THIS AGREEMENT.
XV. - FOR THE SECURITY AND GUARANTEE OF FULFILLMENT OF ALL THAT IS
STIPULATED IN THIS CONTRACT:
A. - THE TENANT PAYS THE AMOUNT OF $[AMOUNT] PESOS ([AMOUNT] PESOS
00/100) + [AMOUNT] PESOS ([AMOUNT] PESOS 00/100) AS DEPOSIT FOR WATER,
ELECTRICITY, AND GAS AS PAYMENT FOR THE LAST MONTHS RENT (IN WHICH CASE
THE DEPOSIT WILL NOT BE RETURNED) OR IN THE CASE OF POSSIBLE
MAINTENANCE AND OR REPAIR EXPENSES FOR THE PROPERTY WHICH ORIGINATED
FROM THE TENANT, AND IN WHICH CASE HE/SHE WILL BE REQUIRED TO PAY
HIS/HER LAST MONTHS RENT. THE UTILITIES DEPOSIT WILL BE RETURNED UPON
THE DELIVERY OF RECEIPTS FOR CURRENT ACCOUNTS THAT REFLECT A BALANCE
OF 0 AT THE TIME THAT THE TENANT VACATES.

B. - IN ORDER TO GUARANTEE THE FULFILLMENT OF THE TERMS OF THIS CONTRACT,


----------------------------------- IS LEGALLY OBLIGATED AS THE GUARANTOR FOR THE
TENANT. SAID GUARANTOR WILL WAIVE THE BENEFITS TO BE DERIVED FROM
ARTICLES 2686, 2688 AND 2689 OF THE CIVIL CODE.
THE GUARANTORS
RESPONSIBILITY WILL NOT CEASE UNTIL THE LANDLORD RECEIVES HIS/HER RENTED
PROPERTY AND THEY HAVE FULFILLED ALL OF THE TENANTS OBLIGATIONS
OUTLINED IN THIS CONTRACT. WHILE LIVING, THE GUARANTOR WAIVES THE RIGHTS
GRANTED BY ARTICLE 2362 OF THE CIVIL CODE, AND WILL CONTINUE TO ACCEPT
RESPONSIBILITY AS GUARANTOR WHENEVER THE TENANT ACCEPTS THE TERMS OF
RENT INCREASES FORMULATED BY THE LANDLORD. THE TENANTS RENT RECEIPTS
INDICATING THE INCREASE IN RENT WILL BE SUFFICIENT DOCUMENTATION FOR THE
GUARANTOR.
XVI. - THE PRESENT AGREEMENT WILL REMAIN IN EFFECT EVEN IN THE EVENT OF A
MONTHLY RENT VARIATION ON THE PART OF THE LANDLORD, WITH THE TENANTS
RENT RECEIPTS INDICATING THE INCREASE IN RENT SERVING AS SUFFICIENT
DOCUMENTATION.
XVII. - THE TENANT IS OBLIGATED TO SHOW THE PAID RECEIPTS FOR WATER,
ELECTRICITY, AND GAS DATED FOR THE SAME MONTH CORRESPONDING TO EACH
MONTHS RENT PAYMENT.
XVIII. - FAILURE TO SHOW PAID RECEIPTS FOR CONSUMED WATER, ELECTRICITY AND
GAS, AS MENTIONED IN THE CLAUSE ABOVE, WILL BE REASON TO TERMINATE THIS
RENTAL AGREEMENT, IF REQUESTED BY THE OWNER OF THE PREMISES.
XIX. - THE TENANT FREES THE LANDLORD FROM ALL CURRENT AND FUTURE DEBTS
TO EMPLOYEES OR GOVERNMENT RECOGNIZED DEPENDENTS AT THIS PROPERTY
AND THAT ARE UNDER HIS/HER RESPONSIBILITY FROM THIS CONTRACT.
XX. - BOTH PARTIES AGREE TO ABIDE BY COURTS THAT HOLD JURISDICTION IN THE
CITY OF TIJUANA, B.C., BY WHICH THEY EXPRESSLY WAIVE ANY OTHER
CORRESPONDING COURT JURISDICTION FROM THEIR PLACE OF RESIDENCE, NOW
AND IN THE FUTURE.
HAVING READ THE PRESENT AGREEMENT, THE UNDERSIGNED STATE THAT THEY
KNOWINGLY UNDERSTAND EVERY AND EACH OF THE CLAUSES CONTAINED IN THIS
CONTRACT, CONFIRMING IT AND SIGNING IT IN AGREEMENT, AND IN THE PRESENCE
OF THEIR WITNESSES IN THE CITY OF TIJUANA, BAJA CALIFORNIA ON THE [DATE].

LANDLORD

TENANT

(SIGNATURE)

(SIGNATURE)

[NAME]

[NAME]

GUARANTOR

_____________________

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