CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE (the Contract), made and executed on this
______ day of _______________, in Mandaluyong City, Philippines, by and
between:

IMILDA ESLABRA, married to CONRADO ESLABRA,

both Filipino, with address at Block 21, Lot 9-10,
Gensanville Subdivision, Bula, General Santos City,
Mindanao, hereinafter referred to as LESSOR;
- and JHANINE MAUREEN ALMAZORA, of legal age,
Filipino, with office address at Unit 16 BCD Tower 3,
Forbeswood Heights Condominium, Bonifacio Global
City, Taguig City, hereinafter referred to as LESSEE;

WITNESSETH: That

WHEREAS, the LESSOR are the owners and are duly authorized to lease
a condominium unit, more particularly described as follows:
UNIT 2310, G.A. TOWER 1 CONDOMINIUM, 83
EDSA, MANDALUYONG CITY, a semi-furnished threebedroom condominium unit, hereinafter referred to as
the LEASED PREMISES, under the terms and
conditions hereinafter set forth.
WHEREAS, the LESEE desires to lease the above-mentioned LEASED
PREMISES and the LESSOR are willing to lease the same unto the LESSEE,
subject to terms and conditions hereinafter specified.

NOW, THEREFORE, for and in consideration of the foregoing and mutual

covenants hereinafter contained, the LESSOR has let and leased, and by these
present do hereby let and lease unto the LESSEE the aforesaid LEASED
PREMISES and the LESSEE hereby accepts the same by way of lease, subject
to the following terms and conditions:
SECTION 1. TERM OF LEASE
1.1

The period of effectivity of this Contract shall be for ONE (1) YEAR
commencing on March 2017 to 28 February 2018, renewable thereafter
upon mutual agreement.

1.2

The LESSEE must signify his/her intention to extend or renew by written

notice thereof to the LESSOR at least SIXTY (60) DAYS prior to the
expiration of this Contract.

1.3

The LESSEE shall inform the LESSOR of his/her intention not to renew
by written notice at least THIRTY (30) DAYS prior to the expiration of this
Contract.
SECTION 2. RENTAL PAYMENTS

2.1

Both parties do hereby agree that the MONTHLY RENTAL of the

LEASED PREMISES shall be for THIRTEEN THOUSAND PESOS
(Php13,000.00), exclusive of monthly condominium dues, payable in
advance for the entire term of the contract.

2.2

The LESSEE acknowledges the preferred right or lien of the LESSOR on

the personal properties of the LESSEE located in the LEASED PREMISES
for any amount of unpaid rental due to the LESSOR.
SECTION 3. DEPOSIT AND ADVANCE

3.1

Upon execution of this Contract, the LESSEE shall pay to the LESSOR
the amount of THIRTEEN THOUSAND PESOS (Php13,000.00), as one
(1) month ADVANCE RENTAL and TWENTY SIX THOUSAND PESOS
(Php26,000.00), as two (2) months SECURITY DEPOSIT. Postdated
checks shall be dated every 28th of the month for the remaining eleven
(11) months.

3.2

It is expressly understood and agreed that the SECURITY DEPOSIT shall

not be applied to the payment of the rent and shall be refunded to the
lessee after sixty (60) days, without any interest, upon termination of the
lease, provided:
a) The LESSEE shall have fully paid the rental fees, electricity, water,
telephone, cable, and other charges on the LEASED PREMISES,
including damages to the LEASED PREMISES due to reasons not
covered by ordinary wear and tear;
b) The LESSEE shall have fully paid all additional charges, penalties,
and obligations, if any, as provided in this Contract; and
c) The LESSEE shall have fully complied with the terms and
conditions, as provided in this Contract.
SECTION 4. USE AND CARE OF THE LEASED PREMISES

4.1

The LESSEE shall use the LEASED PREMISES for his/her RESIDENCE
ONLY and shall maintain the same in clean and sanitary condition.

4.2

The LESSEE shall not divert the LEASED PREMISES to other uses
without prior written consent of the LESSOR. Any unauthorized use
shall entitle the LESSOR to rescind the Contract or increase the rent due
or compel the LESSEE to discontinue the unauthorized use of the
LEASED PREMISES.

4.3

The LESSEE warrants that it shall not use the LEASED PREMISES for
any illegal activity.

4.4

The LESSEE shall at all times be solely responsible for all acts or
omission of his/her agents, employees, or guests which may have caused
any damage to the LEASED PREMISES.

4.5

The LESSEE shall not deposit within the LEASED PREMISES any
obnoxious, inflammable or explosive matters.

4.6

The LESSEE shall comply with all laws, ordinances or orders of the
condominium corporation.

4.7

The LESSEE shall use the property in such a way that the same shall not
constitute a public or private nuisance and shall not permit noxious
odors or noises to emanate from the LEASED PREMISES. Social activities
of the LESSEE on the LEASED PREMISES shall be conducted without
undue noise and disturbance to the occupants of the other condominium
units. No dogs and other animals shall be kept in the LEASED
PREMISES.

4.8

The security of the LEASED PREMISES is the sole responsibility of the

LESSEE. Under no conditions will the LESSOR be responsible for any
loss of any articles in the LEASED PREMISES.

4.9

Minor repairs, including repairs due to ordinary wear and tear up to the
limit hereunder stated, and those due to the negligent use of the LEASED
PREMISES by the LESSEE, members of his/her household, staff, clients,
or guests, shall be for the LESSEEs account. For the purposes of this
paragraph, any repair amounting to FIVE THOUSAND PESOS
(Php5,000.00) or less shall be deemed a minor repair.

4.10 All major repairs (other than that caused by the negligent use of the
LEASED PREMISES by the LESSEE, member of his/her household, or
his/her guests) and those due to structural defects shall be solely for the
LESSORs account. LESSOR shall undertake to commence making the
repairs within seven (7) days, if possible, from receipt of written notice
from the LESSEE and have the repairs completed within reasonable time.
4.11 Prior to the execution of this Contract, the LEASED PREMISES were
inspected by the LESSOR and the LESSEE and the same was found to be
in good and tenantable condition, unless otherwise noted in writing by
the LESSEE, the same to be attached to this Contract as an integral part
hereof. The LESSE shall at all times keep the LEASED PREMISES in the
same good tenantable condition and for this purpose, the LESSOR or
his/her representative may, at reasonable times and with 24-hour prior
notice enter the LEASED PREMISES to examine the condition of the
same.
In the event the LEASED PREMISES, or any part thereof is destroyed or
rendered untenantable by fire, war, civil disturbance, floods, typhoons, or
any other calamity, the LESSEE shall not be responsible for the

restoration of the property. It is being understood and agreed upon by the

parties that the LESSOR has the sole responsibility to provide against
such contingency by insurance or other means. In case the premises
have become totally destroyed or untenantable by reason of any of the
cases above-mentioned, this Contract shall automatically be
extinguished and the LESSOR shall return to the LESSEE, or his/her
representatives, the unapplied portion of the ADVANCE RENTAL and
SECURITY DEPOSIT and the postdated checks corresponding to the
remaining period of this Contract, with no further obligation on the part
of the LESSEE to pay rent, unless the LESSOR immediately furnishes
the LESSEE another property equally suitable and satisfactory to the
LESSEE.
In the event, however, that the premises are only partially destroyed or
rendered untenantable, the LESSEE may elect to either terminate this
Contract after a 10-day written notice to the LESSORS with the same
consequences as those in case of total destruction or, to remain in the
premises and pay a proportionately reduced rent.
4.12 That in the event of any violation of the terms and conditions of this
Contract, the LESSOR shall inform the LESSEE in writing and allow the
LESSEE fourteen (14) days after receipt of the notices to rectify the
violation of the terms and conditions.

SECTION 5. UTILITY CHARGES

5.1

All charges for water, electricity, telephone, cable, and such other services
and utilities in the LEASED PREMISES due shall be for the exclusive
account of the LESSEE.

5.2

Replacement of bulbs, tubes, additional outlets and switches, for use

within the LEASED PREMISES shall be for the exclusive account of the
LESSEE.

5.3

The LESSEE shall obtain prior written consent of the LESSOR before
installing additional electric, water, telephone and teletype and/or gas
connections in the LEASED PREMISES.

5.4

The LESSOR shall be solely responsible for all government assessments,

taxes and other charges of a public nature which are or may be levied
against the LEASED PREMISES.

5.5

The LESSOR shall be responsible for the payment of any and all fees and
other charges which may be imposed by the Condominium Corporation
for all unit owners.
SECTION 6. ALTERATIONS and IMPROVEMENTS

6.1

The LESSEE shall not introduce any permanent alteration, addition or

improvement on the LEASED PREMISES that cannot be removed without
destroying or defacing the premises without the previous written consent
of the LESSOR. Should such consent be given, the same shall become
the property of the LESSOR upon the termination of the lease without
any right to reimbursement of the cost to the LESSEE. The LESSEE
shall, however, have the right to introduce furniture, carpets, drapes,
painting, appliances, moveable improvements, ornamental and decorative
objects or fixtures, and remove said objects at the end of the Contract.
The LESSEE shall not drive nails, screws, hooks or other abutments into
or any manner deface or damage any part of the LEASED PREMISES,
except with the prior permission of the LESSORS, and the LESSEE shall
restore the affected portion(s) of the LEASED PREMISES to their original
condition at LESSEEs expense upon termination of this Contract.
SECTION 7. SUBLEASING and TRANSFER OF RIGHTS

7.1

The LESSEE shall not sublease, assign, transfer or in any manner

alienate its leasehold rights over the LEASED PREMISES without the
prior written consent of the LESSOR.

7.2

In the event that the ownership of the LEASED PREMISES is sold,

transferred or conveyed, mortgaged or encumbered to a third party
during the term of the LESSEEs Contract or any renewal hereof, the
LESSOR must inform in writing the said third party, his successor,
executors, administrators and assigns of the existence of this Lease
Contract prior to or at the time of the sale, transfer, conveyance,
mortgage or encumbrances and require the incorporation in the DEED of
SALE, or CONVEYANCE, either by reference or otherwise, of the terms
and conditions of the said Lease Contract so as to form part and parcel

thereof. Moreover, the LESSOR shall require the said third party to
respect all the terms and conditions of this Contract. The LESSOR shall
furnish the LESSEE simultaneously with a copy of such
notice/advice/letter to the third party.
In the event of a bona fide sale of the LEASED PREMISES, the LESSOR
shall transfer and pay to the VENDEE the SECURITY DEPOSIT and any
remainder of the ADVANCE RENTALS, which are yet to be applied to
future rent under the terms and conditions of this Contract. LESSOR
shall see to it that the Deed of Sale provides that the VENDEE shall treat
and apply said SECURITY DEPOSIT and remainder of the ADVANCE
RENTALS in accordance with the terms and conditions of this Contract.
SECTION 8. NON-WAIVER
8.1

The failure of the LESSOR to insist upon a strict performance of any of

the terms and conditions, covenants provided in the Contract shall not
be considered as a waiver of its rights and remedies as provided herein
for any subsequent breach or default of the terms and covenants herein
contained, which shall be deemed in full force and effect.
SECTION 9. PROSPECTIVE TENANTS

9.1

Should the LESSEE give written notice of its intention not to renew this
Contract, in accordance with Section 1 hereof, the LESSEE shall allow
the LESSOR or their representative to show the LEASED PREMISES to
prospective tenants during business hours within the last THIRTY (30)
DAYS of the Contract with one (1) day advanced notice.
SECTION 10. TERMINATION OF LEASE

10.1 This Contract shall automatically be terminated upon the termination of

the term provided in Section 1 hereof, absent of any agreement of the
renewal or extension by the parties by means of written notice SIXTY (60)
DAYS prior to expiration, in accordance with Section 1 hereof.
10.2 The LESSEE hereby accepts in good condition the LEASED PREMISES,
and upon the expiration of the period of the Contract or of its renewal
and extensions. The LESSEE shall peacefully vacate the LEASED
PREMISES and restore the possession thereof to the LESSOR in as good

condition as at the time of delivery to the LESSEE. Upon such expiration,

the LESSEE shall turn over to the LESSOR all the keys to the LEASED
PREMISES, including all duplicates.
10.3 In the event of any breach of this contract by the LESSEE, the LESSOR
shall have the right to terminate and rescind the same before the
expiration of the term of the Contract, specified in Section 1 hereof and
any and all amounts representing unused rentals shall constitute
damages due to the LESSOR.
10.4 In the event of the LESSEEs death, the surviving spouse, if any, or the
LESSEEs representative, as the case may be, may also terminate this
Contract by written notice to the LESSOR at least THIRTY (30) DAYS in
advance of the date the cancellation is to become effective, or by written
notice to the LESSOR to convert the term of this Contract to a period
shorter than that specified in Section 1 of this Contract.
The LESSOR shall return to the LESSEE the SECURITY DEPOSIT, as
provided for in Section 3 of this Contract within THIRTY (30) DAYS upon
the expiration of the Contract.
10.5 The LESSEE shall pay the LESSOR liquidated damages in the amount
equivalent to TWO MONTHS rent as a result of the Pre-Termination of
the Contract pursuant to the aforementioned causes.
10.6 The Condominium Corporation shall likewise reserve the right to cut off
utilities of the LEASED PREMISES for the non-payment of the
condominium dues and charges.
SECTION 11. RIGHT OF RETENTION
11.1 Upon violation of the LESSEE of any of the terms or conditions hereof,
particularly the non-payment of the rentals on time, the LESSEE herein
gives the LESSOR or their duly authorized representative the absolute
right and authority to retain so much of the LESSEEs household
fixtures, furniture and things to satisfy the unpaid rentals, light, water,
telephone and other utility bills. The LESSOR or their duly authorized
representatives are further designated and named by the LESSEE as
his/her attorney-in-fact and given the absolute right to take out from the
LEASED PREMISES so much of the LESSEEs household fixtures,

furniture and things, to padlock the door of the LEASED PREMISES in

case the LESSEE fails to comply with the terms and conditions of this
Contract; further, the LESSEE likewise authorizes the LESSOR or their
duly authorized representatives to dispose all or sell the same within
FIFTEEN (15) days from date of retention, to satisfy the unpaid rentals,
electric, water and telephone bills, if any. The excess amount, if any, shall
be given to the LESSEE.
SECTION 12. ABANDONMENT OF PREMISES
12.1 Should the LESSEE abandon or leave unattended the LEASED
PREMISES for a continuous period of more than THIRTY (30) DAYS for
no valid reason at any time during the Contract Period, the LESSOR
shall have the right to enter the same by force or otherwise without any
liability for prosecution thereof, and to re-let the same to another party.
Likewise the LESSOR is hereby constituted and appointed as attorney-infact of the LESSEE to take possession of the furniture, equipment and
other properties in the LEASED PREMISES and to sell the same with the
proceeds thereof applied to the payment of any and all obligations of the
LESSEE arising out of and under this Contract. The LESSEEs rental
payments, as fixed herein, shall continue to accrue to the LESSOR until
the expiration of this Contract or until the LEASED PREMISES have been
re-let, whichever comes first.
SECTION 13. GATE PASS
13.1 Whenever the LESSEE shall bring out appliance or other household
items, if any, for repairs or otherwise, the LESSEE shall first secure from
the LESSOR a Gate Pass covering said appliance or household item.
SECTION 14. NON-LIABILITY
14.1 The LESSEE during his/her occupancy of the LEASED PREMISES shall
hold the LESSOR free and harmless from any damage or liability or
responsibility to any person or property arising out of or as a
consequence of the use of the LEASED PREMISES by the LESSEE, its
agents, employees, domestic helps and guests. When such damage or
liability is caused by fortuitous events or acts of God/Nature, such as

typhoons, earthquakes, floods, etc., which are beyond the control of the
LESSEE, the latter shall not be liable to the LESSOR.
SECTION 15. TAXES AND INSURANCE
15.1 Real Estate, government assessments, and fire insurance charges shall
be for the account of the LESSOR; however, any other taxes shall be
borne by the LESSEE.
SECTION 16. SALE, TRANSFER AND MORTAGE
16.1 In the event sale, transfer, mortgage or any other encumbrances of the
LEASED PREMISES or any existing sale, transfer, mortgage or
encumbrances of the same, pursuant to Section 7.2 hereof, LESSOR
shall warrant to the LESSEE that the purchaser, mortgages, or
encumbrance shall respect all terms and conditions of the Contract of
Lease. Also, LESSOR are allowed to show the unit for viewing to
prospective buyers with prior arrangements with the LESSEE.
SECTION 17. INSPECTION OF THE PREMISES
17.1 The LESSOR shall maintain the LEASED PREMISES in good and
tenantable condition and for such purpose the LESSOR reserves the
right with prior notice to the LESSEE to enter and inspect the LEASED
PREMISES and to make the necessary repairs therein at reasonable
times.
SECTION 18. FIRE
18.1 In case the damage of the LEASED PREMISES or its appurtenance is by
fire, earthquake, war or any other unforeseen cause, the LESSEE will
give immediate notice to the LESSOR.
If the LEASED PREMISES shall be damage by fire or other causes
without the fault or negligence of the LESSEE or its agents, clerks or
servants, the injury shall be repaired at the expense of the LESSOR, as
speedily as possible, after such notice; but if the LEASED PREMISES be
so nearly destroyed as to make it uninhabitable without the fault or

neglect of the LESSEE, either party may demand the rescission of this
Contract.
No compensation or claim shall be allowed against the LESSOR by the
reason of the inconvenience, annoyance or injury arising out of the
necessity of repairing any portion of the unit.
SECTION 19. BREACH or DEFAULT
19.1 In case of default or breach of any of the covenants and conditions
herein provided, with reference to Section 4.12, this Contract, at the
discretion of the LESSOR, may be terminated and cancelled forthwith
and the LESSEE shall be liable for any and all damages, actual or
consequential, resulting directly or indirectly from such default and
termination.

SECTION 20. JUDICIAL RELIEF AND PENALTY

20.1 Should the LESSOR be compelled to seek judicial relief against LESSEE
to enforce this Contract, the LESSE shall, in addition to the damages
mentioned in the preceding paragraph, be liable to pay attorneys fees
equivalent to twenty percent (20%) of the amount claimed in the
complaint, which should be no less than FOURTEEN THOUSAND (Php
14,000.00), aside from the cost of the litigation and other expenses which
the law may entitle the LESSOR to recover from the LESSEE. All
provisions, which are penal in character found in other sections of this
Contract shall be considered as cumulative to the relief granted by this
Section.

IN WITNESS WHEREOF, the parties have hereunto set their hands on the
date and place first written above.

________________________________

________________________________

IMILDA ESLABRA

JHANINE MAUREEN ALMAZORA

Lessor

Lessee

______________________________
CONRADO ESLABRA
Lessor

SIGNED IN THE PRESENCE OF:

________________________________

________________________________

ACKNOWLEDGEMENT
Republic of the Philippines
City of Mandaluyong

)
)S.S.

BEFORE ME, a Notary Public for and in Mandaluyong City, this _____
day of _______________ 2017, personally appeared the following:
Name
Imilida Eslabra

Government-issued I.D.

Date and Place of Issue

Conrado Eslabra
Jhanine Maureen
Almazora
known to me and to me known to be the same persons who executed the
foregoing Contract of Lease and they acknowledged to me that the same is their
free and voluntary act and deed.
This Contract of Lease, consisting of eleven (11) pages, including the
page where this acknowledgment is written, was signed by the parties on the
appropriate spaces provided above and on the margins of all other pages.
WITNESS MY HAND AND SEAL on the date and place first above written.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2017.