Lease And Rental Agreement Template for Philippines

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Lease And Rental Agreement

"I need a Lease and Rental Agreement for a commercial office space in Makati City, Philippines, starting March 1, 2025, with specific provisions for IT infrastructure installations and 24/7 access for a tech company tenant."

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What is a Lease And Rental Agreement?

The Lease And Rental Agreement is a fundamental legal instrument used in the Philippines for establishing and managing property rental relationships. This document is essential for both residential and commercial property transactions, ensuring compliance with Philippine legal requirements including the Civil Code, Rent Control Act, and local government regulations. It serves as a comprehensive contract that protects the interests of both lessors and lessees by clearly defining terms, conditions, rights, and obligations. The agreement is particularly important in the Philippine context where property relationships need to balance traditional practices with modern legal requirements, including provisions for electronic documentation under the E-Commerce Act where applicable. This document is commonly used by property owners, business entities, and individuals seeking to establish clear, legally-binding rental arrangements in compliance with Philippine law.

What sections should be included in a Lease And Rental Agreement?

1. Parties: Identifies and provides complete details of the Lessor and Lessee, including their legal names, addresses, and tax identification numbers

2. Background: Establishes the context of the agreement, including brief description of the property and the parties' intention to enter into a lease arrangement

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Property Description: Detailed description of the leased property, including exact location, boundaries, and included fixtures and fittings

5. Term of Lease: Specifies the duration of the lease, including start and end dates, and any renewal options

6. Rent and Payment Terms: Details the rental amount, payment schedule, method of payment, and late payment penalties in accordance with Philippine law

7. Security Deposit: Specifies the amount, terms, and conditions for the security deposit and its return

8. Utilities and Other Charges: Outlines responsibility for utility payments, maintenance fees, and other charges

9. Use of Property: Specifies permitted uses of the property and any restrictions

10. Maintenance and Repairs: Defines responsibilities for maintenance, repairs, and improvements between lessor and lessee

11. Insurance and Liability: Outlines insurance requirements and allocation of risks between parties

12. Default and Remedies: Describes events of default and available remedies for both parties

13. Termination: Sets out conditions and procedures for early termination or non-renewal

14. Governing Law: Confirms Philippine law as governing law and specifies jurisdiction for disputes

15. Signatures: Formal execution section including space for signatures, witnesses, and notarization

What sections are optional to include in a Lease And Rental Agreement?

1. Subleasing: Include when subleasing is permitted, specifying conditions and requirements

2. Pets: Include for residential leases where pet ownership needs to be addressed

3. Improvements and Alterations: Include for commercial leases or when significant modifications are anticipated

4. Option to Purchase: Include for rent-to-own arrangements or when giving lessee future purchase rights

5. Common Areas: Include for properties in commercial or residential complexes with shared facilities

6. Building Rules and Regulations: Include for properties within managed buildings or complexes

7. Force Majeure: Include specific provisions for natural disasters or extraordinary circumstances

8. Environmental Compliance: Include for commercial properties or when environmental concerns are relevant

What schedules should be included in a Lease And Rental Agreement?

1. Schedule A - Property Details: Detailed technical description of property, including floor plans and boundaries

2. Schedule B - Inventory: Comprehensive list of fixtures, fittings, and furniture included in the lease

3. Schedule C - Building Rules: Complete set of building rules and regulations if applicable

4. Schedule D - Maintenance Schedule: Detailed breakdown of maintenance responsibilities and schedules

5. Schedule E - Utility Meters: Initial meter readings and meter numbers for utilities

6. Appendix 1 - Property Photos: Photographic documentation of property condition at start of lease

7. Appendix 2 - Required Permits: Copies of relevant permits, certificates, and licenses

8. Appendix 3 - Payment Schedule: Detailed breakdown of payment schedule including escalation rates if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Commercial Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Warehousing

Manufacturing

Agriculture

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Administrative

Property Management

Asset Management

Risk Management

Procurement

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Facilities Manager

Business Owner

Corporate Real Estate Manager

Leasing Manager

Operations Director

Chief Financial Officer

Compliance Officer

Asset Manager

Property Administrator

Real Estate Developer

Building Superintendent

Contract Administrator

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing lease contracts in the Philippines, particularly Book IV, Title VIII (Articles 1642-1773) which covers lease agreements, rights and obligations of lessors and lessees, termination conditions, and general contract provisions
Rent Control Act of 2009 (Republic Act No. 9653): Regulates rent prices for residential units, rooms, and bed spaces with monthly rent not exceeding specified amounts. Sets guidelines for rent increases, security deposits, and advance payments
Maceda Law (Republic Act No. 6552): Provides protection to buyers in installment sales of real estate, including rights of cancellation and grace periods. While primarily for sales, it's relevant for rent-to-own arrangements
Local Government Code (Republic Act No. 7160): Contains provisions on local government requirements for lease agreements, including business permits and real property taxes that may affect commercial leases
Electronic Commerce Act (Republic Act No. 8792): Relevant for electronic documentation and digital signatures in lease agreements, particularly important if the contract will be executed electronically
National Building Code (Presidential Decree No. 1096): Sets standards for building safety and habitability that must be reflected in lease agreements, particularly for commercial and residential properties
Fire Code of the Philippines (Republic Act No. 9514): Establishes fire safety requirements that need to be addressed in lease agreements, especially for commercial and residential properties
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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