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].