Main Tenant And Subtenant Agreement Template for Philippines

The Main Tenant And Subtenant Agreement is a crucial document used in the Philippine real estate market when a primary tenant wishes to sublease their rented property to another party. This arrangement is common in both commercial and residential contexts, particularly in metropolitan areas like Metro Manila, Cebu, and Davao. The document must comply with Philippine property laws, including the Civil Code of the Philippines and the Rent Control Act of 2020, while also addressing local government requirements for rental properties. The agreement typically requires the original landlord's consent and must ensure that all terms align with the main lease agreement. It's particularly important in situations involving shared spaces, commercial subleasing, or when companies need to optimize their leased space usage. The document includes detailed provisions for rent, utilities, maintenance responsibilities, and default remedies, all structured within the framework of Philippine law.

1. Parties: Identifies all parties to the agreement: the original landlord (if participating), main tenant, and subtenant, including their complete legal names and addresses

2. Background: Explains the context of the agreement, including reference to the main lease and the main tenant's right to sublease

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Main Lease', 'Sublease Period', etc.

4. Grant of Sublease: Specifies the portion of the property being subleased and the terms of occupation

5. Term and Renewal: Details the duration of the sublease and any renewal options, ensuring it doesn't exceed the main lease term

6. Rent and Security Deposit: Specifies the rent amount, payment terms, security deposit requirements, and utility responsibilities

7. Use of Property: Defines permitted uses of the property and any restrictions

8. Main Tenant's Obligations: Lists the main tenant's responsibilities, including maintaining the property and fulfilling main lease obligations

9. Subtenant's Obligations: Details the subtenant's responsibilities, including compliance with main lease terms and property maintenance

10. Repairs and Maintenance: Specifies who is responsible for different types of repairs and maintenance

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

12. Default and Remedies: Describes what constitutes default and the available remedies

13. Termination: Specifies conditions for termination and the process involved

14. General Provisions: Includes standard clauses like governing law, notices, and amendment procedures