Lease Terms & Conditions Agreement
This agreement (the “Lease Terms & Conditions Agreement”) serves as an appendix to the contract of lease between the LESSOR and LESSEE (the “Contract”). It should be read in conjunction with the Contract and has similar defined terms.
1.1 An itemized list of the furniture, appliances, and fixtures found in the Leased Premises together with the acknowledgment of the LESSEE that the same is complete and accurate and that the Furnishings are in good working condition shall be filled out during a joint inspection on a joint inspection form (the “Joint Inspection Form”) LESSOR and LESSEE agree that a copy of the Joint Inspection Form, the original of which is maintained by LESSOR and a copy provided to LESSEE, reflects the condition of the Leased Premises and appliances at the Rent Start Date. Upon Rent End Date, and subject to the conditions in this Contract, the LESSEE shall surrender the furnishings to the LESSOR, ordinary wear and tear excepted, in the same condition as it was at the Rent Start Date.
1.2 The furnishings and Leased Premises shall be assumed to be in perfect condition if no Joint Inspection Form is filled out and/or filed by the Parties, and any deviation from that condition upon Rent End Date, ordinary wear and tear excepted, shall be subject to the terms of Article 9 hereof.
2. LEASE PERIOD
2.1 The Contract shall have a duration equal to the Term, commencing on the Rent Start Date and expiring on the Rent End Date as described in the Contract and shall be renewable only upon the written agreement of both Parties.
2.2 The Rent Start Date and Lease Period shall be adjusted accordingly in the event of any delay in the availability of the Leased Premises. LESSEE shall not be entitled to any other remedy for said delay, unless said delay extends beyond a thirty (30)day period from Rent Start Date, in which case LESSEE’s only remedy would be to terminate this Contract without any liability on the part of LESSOR.
2.3 Upon mutual agreement of the LESSOR and the LESSEE, this Contract may be renewed under such terms and conditions acceptable to both Parties; provided, however, that at least forty five (45) days prior to the Rent End Date, the LESSEE shall inform the LESSOR in writing of his intention to renew this Contract. If no written notice of renewal is received by the LESSOR from the LESSEE before the said forty five (45)day period, the Contract shall automatically terminate upon the expiration of the Lease Period.
2.4 LESSEE agrees that LESSOR may immediately deem LESSEE in default in case LESSEE fails to vacate the Leased Premises as described in Article 19 hereof. Moreover, for each day (or fraction thereof) the LESSEE remains in the Leased Premises outside of the Lease Period, LESSEE agrees to pay for Rent, Monthly Utilities, and other possible dues as if the Lease Period had not expired, as well as a overstay penalty of one hundred percent (100%) of the accrued Rent, Monthly Utilities, and other possible dues (the “Overstay Penalty”).
3. RENT, FIRST RENT AND RENT DUE DATE
3.1 For each month during the Lease Period, LESSEE shall pay LESSOR monthly Rent and Utility Charge as explained in the Contract and Utility Charge Agreement, and possible other charges agreed to in advance by LESSEE. Said monthly charges shall be payable on the last day of each month (the “Due Date”).
3.2 LESSOR will issue Monthly Billing Statements ahead of the Due Date indicating the payments due for Rent, Monthly Utilities, and other possible dues. For the avoidance of doubt, in case: (i) the LESSOR does not issue a Monthly Billing Statement; or (ii) the LESSEE did not receive the Monthly Billing Statement; the LESSEE will still be obliged to pay the Rent on or before the Due Date.
4. MODE OF PAYMENT
4.1 For the payment of Rent and Utility Charge, LESSEE shall issue post-dated checks to the order of Philippines Urban Living Solutions, Inc. to cover the entire Lease Period. LESSOR shall only accept checks from the following banks (the “Accredited Banks”): Al-Amanah Islamic Investment Bank of the Philippines, Allied Bank Corporation, Asia United Bank, Banco de Oro Universal Bank, Bank of the Philippine Islands, China Banking Corporation, Citibank, Development Bank of the Philippines, East West Bank, Land Bank of the Philippines, Metropolitan Bank and Trust Company, Phlippine Bank of Communications, Philippine National Bank, Philippine Savings Bank, Philtrust Bank (Philippine Trust Company), Rizal Commercial Banking Corporation, Security Bank, UnionBank of the Philippines, and United Coconut Planters Bank.
4.2 Alternatively, should the LESSEE opt to pay the Rent and Utility Charges through bank deposit, LESSEE is required to submit, respectively, payment/s by way of direct deposit/s to:
Account Name: Philippines Urban Living Solutions, Inc.
Account Number: S/A 006850030514
Account Name: Philippines Urban Living Solutions, Inc.
Account Number: S/A 3541-0031-76
Account Name: Philippines Urban Living Solutions, Inc.
Account Number: S/A 006850109056
Account Name: Philippines Urban Living Solutions, Inc.
Account Number: S/A 3541-0035-75
4.3 LESSEE may also pay through debit card; all additional processing charges will be for the account of the LESSEE.
5. LATE PAYMENT, LATE PENALTY FEE AND DENIAL OF ACCESS
5.1 Any amount due from the LESSEE hereunder which remains unpaid on the Due Date as described in the Contract shall be subject to a penalty of five percent (5.00%) per month or a fraction of a month, compounded, and to be computed from the Due Date until the date of full payment thereof (the “Late Penalty Fee”). For the avoidance of doubt, a fraction of a month shall be charges as a full month.
5.2 The Late Penalty Fee due hereunder shall be in addition to such remedies available to the LESSOR under this Lease Terms & Conditions Agreement and the Contract, at law or in equity. Any and all fees or charges imposed against the LESSOR as a result of any check paid by the LESSEE being returned or dishonored shall be charged against the LESSEE.
5.3 The LESSEE agrees that LESSOR may deny access to the Leased Premises and Property as and when the LESSEE is delinquent on its dues for fourteen (14) or more calendar days past Due Date, including but not limited to:
- Deactivating LESSEE’s access card;
- Changing the lock or adding locks to the Leased Premises, Unit, and/or storage space provided inside or outside the Unit for the LESSEE;
- Physically denying access to the Leased Premises and/or Property;
- Any and all other forms of access denial available to the LESSOR under this Contract, at law, or in equity; and/or
- Absorbing any expenses associated with processing the denial of access, including but not limited to adding and/or changing locks or purchase of a new access card.
6. ONE MONTH RENT
6.1 Immediately upon signing the Contract, the LESSEE shall pay to the LESSOR an amount equivalent to one (1) full month Rent (“One Month Rent”) that shall be credited at the last month of this Contract.
6.2 Failure to pay the One Month Rent in time will result in this Contract being null and void and gives the LESSOR the right to immediately re-let the Leased Premises or any part thereof under such terms and conditions as the LESSOR may deem proper and convenient.
7. SECURITY DEPOSIT
7.1 Immediately upon signing the Contract, the LESSEE shall pay to the LESSOR an amount equivalent to one (1) full month Rent (“Security Deposit”).
7.2 Failure to pay the Security Deposit in time will result in this Contract being null and void and gives the LESSOR the right to immediately re-let the Leased Premises or any part thereof under such terms and conditions as the LESSOR may deem proper and convenient.
7.3 The Security Deposit serves as security for any damages to the Leased Premises and shall answer for any and all damages to the Leased Premises due to the fault or negligence of the LESSEE and its occupants, guests and visitors, ordinary wear and tear excepted, including but not limited to:
- Scratches, tears and breaks in the Furnishings (e.g. chairs, beds, desks, cabinets etc.)
- Scratches, tears and breaks in the fixtures (e.g. curtains, lighting, etc.)
- Scratches, tears and breaks in the unit equipment (e.g. microwave, refrigerator, air-conditioning etc.)
- Scratches, tears, breaks or paint, tile or wood damage on the walls, ceiling and floors
- Scratches, tears, breaks on the bathroom furniture and fixtures
- Damages incurred in common areas outside of the Leased Premises for which there is clear evidence that the LESSEE inflicted said damages
7.4 The Security Deposit shall, in addition, answer for any unpaid bills for electricity, telephone, water services, or other charges on the Leased Premises.
7.5 The Security Deposit shall not, during the Lease Period or any extension or renewal thereof, be used to offset rentals or other payments due to the LESSOR from the LESSEE, and shall remain intact for the entire duration of the Lease Period. For avoidance of doubt, the check to be issued for the Security Deposit shall be currently dated.
7.6 The Security Deposit (or the balance thereof upon the exercise of the forfeiture provisions of this Contract) shall be refunded to the LESSEE, without any interest thereon, within sixty (60) days from the Rent End Date or any extension or renewal thereof, provided that there is no unsettled claim by the LESSOR on the Security Deposit or this Contract.
7.7 If the Security Deposit is used by LESSOR for any of the aforementioned purposes at any time during the Lease Period, LESSEE shall deposit with LESSOR immediately upon demand such additional amount as shall be necessary to bring the Security Deposit to the level specified by LESSOR.
8. CLUB FEE
8.1 Dependent on the unit occupied by the LESSEE, the LESSEE may avail of the MyTown Clubat a charge of Two Hundred Fifty Pesos (Php250.00) per person per month, VAT inclusive (the “Club Fee”).
9. MAINTENANCE AND REPAIRS
9.1 The LESSEE shall keep and maintain the: (i) Leased Premises; and (ii) the accessible public areas of the Dormitory Building, and its respective appurtenances in good, sanitary and tenantable condition. In particular, the LESSEE shall use caution when using the Furnishings in the Leased Premises and shall not use such items for any purpose other than those for which they were constructed.
9.2 The LESSOR shall be responsible for all major repairs on the Leased Premises and for repairs on appliances and water, electrical, and sewage installations caused by ordinary wear and tear. If major repairs last for more than thirty (30) days, the rent of the Leased Premises shall be reduced in proportion to the time, including the first thirty (30) days, and the part of the Leased Premises which LESSEE has been deprived of use due to said repair. If major repairs will render the residential Leased Premises to be untenantable, the LESSEE has the right to terminate this Contract, with proper notice to LESSOR. LESSOR will be liable to return to the LESSEE the One Month Rent and Security Deposit without interest, subject to the allowable deductions for unpaid obligations and damage to the Leased Premises, if any, and the exercise of forfeiture provisions under this contract as may be applicable.
9.3 Although the LESSOR will perform any and all repairs, the LESSEE shall be financially responsible for (a) all minor repairs on the Leased Premises costing Three Thousand Pesos (Php 3,000.00) and below for each occurrence per Unit; and (b) irrespective of its cost, repairs due to the willful act, fault or negligence of the LESSEE (including its occupants, guests or visitors).
9.4 The LESSOR and the LESSEE agree that the LESSOR shall cause all repairs required for the Leased Premises by a contractor chosen by the LESSOR, subject to reimbursement by the LESSEE of the total cost of repairs after completion for which the LESSEE is responsible within five (5) business days from receipt of the billing therefor.
9.5 The LESSEE agrees to immediately notify the LESSOR the discovery of any damage, defect or destruction of the Leased Premises, Furnishings, furniture, or the failure of any of the LESSOR’s appliances or mechanical systems. In case of a delay in notification or failure to notify the LESSOR, such damages shall be charged to the LESSEE.
10. ALTERATIONS, ADDITIONS AND IMPROVEMENTS
10.1 The LESSEE may not introduce any additions, alterations or improvements within the Leased Premises without prior written consent of the LESSOR, which shall give its consent only to the extent that such additions, alterations or improvements will not compromise the system integrity, structural safety and architectural, technical and aesthetic standard of the Leased Premises. All additions, alterations and improvement works shall be done only by contractors approved by or acceptable to the LESSOR.
10.2 All such permanent additions, alterations and improvements which are suitable to the use for which the lease is intended made on the Leased Premises by the LESSEE in good faith, without altering the form or substance of the property leased, and with the consent of the LESSOR, shall become the LESSOR’s property upon the termination of this Contract or its extension.
10.3 As regards permanent additions, alterations and improvements made by the LESSEE without the LESSOR’s consent, the LESSOR may, at its option, retain all or parts of the improvements without need for reimbursement to the LESSEE or demand that LESSEE remove said permanent additions, alterations, or improvements in whole or in part, and restore the Leased Premises to a condition in which they were delivered at the commencement of this Contract, normal wear and tear excepted, at the LESSEE’s sole expense.
11. USE OF THE UNIT AND DORMITORY BUILDING
11.1 The LESSEE shall use the Leased Premises exclusively for residential purposes. The Leased Premises shall not be used at any time during the Lease Period for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residence. Violation of this provision shall entitle the LESSOR to collect a penalty in the amount of HUNDRED THOUSAND PESOS (PHP 100,000.00) for every month or fraction thereof that the LESSEE fails to comply with this provision without prejudice to such other remedies available to the LESSOR under this Contract, at law, or in equity.
11.2 The Leased Premises shall be occupied by not more than the number of persons as allowed by the Configuration and as stipulated by this Contract. The number of persons per unit may be changed over time as the requirements of LESSEE evolves over time, provided that, such increase is with consent of the LESSOR.
11.3 The Leased Premises shall not in any instance be used for any illegal, immoral, or commercial activities, which activities are hereby prohibited. In such instances, LESSEE holds LESSOR free from any liability arising from any illegal, immoral, or commercial activities.
11.4 The LESSEE hereby expressly acknowledges that the Leased Premises is in good and tenantable condition and agrees to keep the same in a clean, presentable, and sanitary condition in order to maintain the high quality standards of the Leased Premises.
11.5 The LESSEE shall see to it that the Leased Premises is free from annoying sounds, disturbing noises, toxic substances, noxious odors, and other nuisances. Illegal drugs shall likewise be prohibited.
11.6 The LESSEE shall strictly comply with all rules and regulations governing the LESSEE and the Leased Premises, including but not limited to, the House Rules.
11.7 The LESSEE shall comply with any and all rules and safety regulations, ordinances and laws made by the health and other duly constituted authorities of the barangay, city, or national government arising from or regarding the use, occupancy, and sanitation of the Leased Premises.
11.8 LESSEE shall not permit any nuisance to exist within the Leased Premises which shall result to substantial interference with the rights, comfort, safety or enjoyment of LESSOR or other occupants of the Property. No articles shall be hung from the windows, doors, porches, balconies, in common areas, or placed upon the exterior windowsills.
11.9 LESSEE shall close all doors and windows and remove all items that can damage the Property and Leased Premises in case of bad weather such as rain, wind, typhoon, storm, or any other type of weather that may damage the Property and/or Leased Premises. LESSEE shall be liable for any damages to the Property and/or Leased Premises as a result of violating this condition.
11.10 The LESSEE agrees that LESSOR has the right, with a notice period of three (3) hours, to visit and inspect the Leased Premises. In case of emergency, the LESSEE agrees the LESSOR may do so without notice.
12. NO SUBLEASE OR TRANSFER OF RIGHTS
12.1 The sublease of the Leased Premises as well as the assignment, transfer, conveyance, mortgage or encumbrance of the LESSEE’s rights to the Leased Premises, directly or indirectly in any manner whatsoever, in whole or in part, without the prior written consent of the LESSOR is strictly prohibited and is subject to immediate termination of this Contract.
13.1 The LESSEE shall remit all taxes withheld from the LESSOR as required by applicable laws, rules and regulations, or ordinances, and shall accordingly furnish the LESSOR adequate proof of withholding and remittance of such taxes when required.
14. ACCESS TO THE UNIT
14.1 The LESSEE shall, at all reasonable times, and with prior arrangement with LESSOR, allow and give access to the LESSOR and its approved contractor to the Unit for the purpose of undertaking all works necessary for the preservation, conservation, or improvement of the Leased Premises.
14.2 During the last forty five (45) days of the Lease Period, provided that the LESSEE has not yet given notice to the LESSOR of its intention to renew the lease of the Leased Premises in accordance with the provisions stated in Article 2.3hereof, the LESSOR shall have the right to (a) exhibit the Leased Premises to prospective tenants/buyers during reasonable hours and upon prior notification and appointment with the LESSEE; and (b) display “For Sale” or “For Rent” or similar signs on or about the Leased Premises.
15. DEFAULT BY LESSEE
15.1 LESSEE shall be deemed to be in default within the meaning of this Lease Terms & Conditions Agreement and the Contract in case:
- LESSEE fails to fully pay on time any financial obligation of the LESSEE under this Lease Terms & Conditions Agreement and the Contract; and/or
- LESSEE violates any of the other terms and conditions of this Lease Terms & Conditions Agreement and the Contract.
15.2 In case of default of LESSEE, the Contract may be terminated by LESSOR upon written notice to LESSEE, without need of any judicial action or declaration. Upon receipt of such notice, LESSEE shall forthwith vacate the Leased Premises. Notwithstanding the termination of the Lease, LESSEE shall remain liable to pay Rent, Monthly Utilities, Late Penalty Fees, and any other financial obligations accruing on the Leased Premises, including interest and/or penalties imposed thereon, until such time that the Leased Premises is actually vacated by LESSEE.
15.3 If LESSEE fails to promptly vacate the Leased Premises within seven (7) calendar days from demand by LESSOR, LESSEE shall, in addition to Rent, Monthly Utilities, Late Penalty Fees, and any other financial obligations accruing on the Leased Premises, including interest and/or penalties imposed thereon, pay all expenses that may be incurred by LESSOR to cause the eviction of LESSEE from the Leased Premises plus liquidated damages equivalent to fifty percent (50%) of all LESSEE’s obligations to LESSOR, which in no case shall be less than the amount of One Hundred Thousand Pesos (PHP100,000.00), and attorney’s fees equivalent to twenty-five percent (25%) of the total amount due from LESSEE but which in no case shall be less than Twenty-Five Thousand Pesos (PHP25,000.00).
15.4 In addition to the foregoing, any default on the part of LESSEE shall warrant the forfeiture of the Security Deposit and One Month Rent without prejudice to such other remedies available to LESSOR under this Contract, at law or in equity.
16.1 LESSEE acknowledges that although LESSOR may provide 24/7 security such as CCTV in the Leased Premises, it is not represented or warranted to be complete in all respects or to protect LESSEE from all harm. LESSEE hereby releases LESSOR from any loss, suit, claim, charge, damage, liability or injury resulting from lack of security or failure of security. LESSEE shall not damage or remove any security system, monitoring, common lock, and/or sensor devices located in and about the Leased Premises and/or the Property.
17.1 Written notice from the LESSOR to LESSEE shall be deemed to have been properly given if delivered via text message and/or electronic mail to the contact details provided in the Contract, delivered or left in or on any part of the Leased Premises, or that such notice has been delivered to or left with LESSEE or anyone expressly or impliedly authorized to receive messages for LESSEE.
17.2 LESSEE shall immediately inform LESSOR of changes in LESSEE’s contact details including, but not limited to, permanent address, telephone number, mobile number and electronic mailing address. In the event LESSOR is not informed of any such changes, notice given by LESSOR to LESSEE using the contact information provided in theContract shall be deemed proper notice.
18.1 LESSEE shall not be allowed to pre-terminate the Contract. If the LESSEE decides to pre-terminate the Contract despite the prohibition, the same shall warrant the forfeiture of the Security Deposit and One Month Rent without prejudice to such other remedies available to LESSOR under this Lease Terms & Conditions Agreement and the Contract, at law or in equity. Such forfeiture does not waive LESSEE’s responsibility to pay to the LESSOR any accrued Rent, Monthly Utilities, Late Penalty Fees, and any other financial obligations accruing on the Leased Premises, including interest and/or penalties imposed thereon.
19. RETURN OF THE LEASED PREMISES
19.1 Upon the expiration of the Term of the Contract or the termination of the Contract as herein provided, the LESSEE shall deliver the keys, access cards and other devices, and surrender and vacate the Leased Premises in as good a condition as it was at the commencement of the Lease Period, including all Furnishings, reasonable wear and tear excepted. Delivery of keys, access cards and other devices by the LESSEE to anyone on behalf of the LESSOR shall not constitute a surrender or acceptance of surrender of the Leased Premises, unless so stipulated in writing by the LESSOR. Locks shall not be changed, altered, replaced or added by the LESSEE without the written consent of the LESSOR.
20.1 The Leased Premises is deemed abandoned if (i) LESSEE has an unpaid Late Penalty Fee; and (ii) the Leased Premises is unoccupied for a period of fourteen (14) days without prior notice to the LESSOR, or if it would otherwise be reasonable for the LESSOR to presume under the circumstances that the LESSEE has abandoned the Leased Premises.
20.2 If at any time during the Lease Period, the LESSEE abandons the Leased Premises and any of the LESSEE's personal property in or about the Leased Premises, the LESSOR shall have the following rights:
i. The LESSOR may enter the Leased Premises by any means without liability on the part of the LESSOR;
ii. The LESSOR may dispose of any of the LESSEE's abandoned personal property as the LESSOR deems appropriate without liability on the part of the LESSOR unless such was done in bad faith; and/or
iii. The LESSOR may re-let the Leased Premises or any part thereof under such terms and conditions as the LESSOR may deem proper and convenient. Such re-letting shall not operate as a waiver of the LESSOR’s right to terminate this Contract at any time nor any other right of the LESSOR under this Contract, at law or in equity.
21. LIABILITY AND INDEMNIFICATION
21.1 The LESSEE hereby assumes full responsibility and holds the LESSOR free and harmless from any claim for injury or damage which may be caused to the person or property of the LESSEE and/or third persons while remaining in any part of the Leased Premises and/or Property.
25.1 The LESSEE shall indemnify and hold the LESSOR free and harmless from and against all actions, suits, damages, and claims by whomsoever that may be brought or made by reason of the LESSEE’s non-observance or non-performance of pertinent rules, regulations, ordinances, laws, or any of the covenants of this Contract, without prejudice to the right of the LESSOR to terminate this Contract in accordance with the provisions herein contained.
22. LOSS OR DAMAGE TO PERSONAL PROPERTY AND PERSONAL INJURY
22.1 All personal property in or around any part of the Leased Premises and/or Property shall be at the sole risk of LESSEE. LESSOR shall not be liable for damage to, or loss of, property of any kind which may be lost or stolen, damaged or destroyed while in the Leased Premises and/or in any area of the Property, unless it is adjudged by a competent court that the damage or loss is directly caused by the fault or gross negligence of LESSOR.
22.2 LESSOR shall not be liable for any injury suffered by LESSEE, or their guests and visitors, unless said injury is adjudged by a competent court to have been directly caused by the fault or gross negligence of LESSOR.
23. FORCE MAJEURE
23.1 In the event that acts of God or force majeure such as earthquake, typhoon, flood, fire, war, or other unforeseen events of which the happening and consequences cannot be prevented or avoided shall totally destroy the Leased Premises, both Parties shall meet within fifteen (15) days after the occurrence of such event and state through a written agreement that the Contract shall immediately be extinguished without liability to any of the Parties involved except for the return to the LESSEE of the One Month Rent and Security Deposit without interest subject to the allowable deductions for unpaid obligations.
24.1 Upon the termination of the Contract or the expiration of the Lease Period without the Rent, Monthly Utilities, Late Penalty Fees, and any other financial obligations accruing on the Leased Premises, including interest and/or penalties imposed thereon, being fully paid or settled, the LESSOR shall have the right to retain possession of the properties of the LESSEE used or situated in the Leased Premises. If the LESSOR does not want to retain said properties, the LESSEE hereby grants the LESSOR permission, without need for any further act or deed and without liability on the part of the LESSOR, to sell the same to third parties and apply the proceeds thereof against any unpaid rent or financial obligation under the Contract.
25.1 If at any time during the effectivity of the Contract, the Philippine government or any of its political subdivisions or instrumentalities should expropriate or condemn the Leased Premises or any part thereof or interest therein, then upon the request of the LESSOR, the LESSEE shall deliver and surrender peaceably to the LESSOR possession of the Leased Premises to the extent affected by expropriation or condemnation and the LESSOR by reason thereof shall not be liable to the LESSEE for any compensation or indemnity, without prejudice, however, to the rights of the LESSEE, if any, to claim for compensation or indemnity against the expropriating or condemning authority.
26. CUMULATIVE RIGHTS
26.1 All rights or remedies conferred upon or reserved to any one of the Parties under the Contract shall be deemed to be cumulative and not alternative nor exclusive of any other right or remedy given hereunder, or existing at law or in equity, and may be enforced concurrently therewith or from time to time. The failure of any Party to insist on the strict compliance with any stipulation or condition in this Contract and/or to exercise any right or remedy or option herein shall not be construed as abandonment, withdrawal, waiver or cancellation of such stipulation, condition, right, remedy or option but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
27. DATA PRIVACY
27.1 By entering into this Contract, the LESSEE hereby gives consent to the LESSOR and its parent company, subsidiaries, affiliates, suppliers, service providers and contractors, if any, to collect, store, access, process and/or dispose personal data, such as names, addresses, contact info, IDs, closed-circuit television (CCTV) camera footage, data from MyTown’s smartphone application “Mytown Mobile”, and the like, whether manually or electronically, for the period allowed under the law and regulations, for the purposes of this Contract and other legal purpose. Furthermore, the LESSEE agrees to use the MyTown Mobile smartphone application for submitting proof of payment and submitting issues around billing, repair and maintenance, WiFi and staff concerns.
28 MISCELLANEOUS PROVISIONS
28.1 It is understood that the relationship between the Parties is that of a LESSOR-LESSEE or that of a landlord-tenant. No other relationship of any kind between said Parties is created or intended to be created hereby, or otherwise exists.
28.2 Except as otherwise expressly provided, this Contract shall inure to the benefit of and be binding upon each Party thereto, and their respective successors and assigns.
28.3 Any amendment or modification of this Contract, or any additional obligation assumed by either Party in connection herewith, except for the House Rules which are discussed in Article 3.3 of the Contract, shall be binding only if in writing and signed by the Parties.
28.4 In the event that any one or more of the provisions of the Contract are declared invalid, illegal, or unenforceable, such provision/s shall be deemed stricken out, and the invalidity, illegality, or unenforceability of those provision/s shall not affect the rest of the Contract, which shall remain in full force and effect.
28.5 Should any one of the parties herein be compelled to seek judicial relief against the other, the losing Party shall pay an amount equivalent to twenty five percent (25%) the amount claimed in the complaint as attorney's fees which shall in no case be less than Twenty Five Thousand Pesos (Php 25,000.00) in addition to other cost and damages which the said party may be entitled to under the law.
28.6 All actions or proceedings arising out of or in connection with this Contract shall be brought before the appropriate courts of Makati City, the Parties waiving any other venue.
28.7 This Lease Terms & Conditions Agreement and the Contract shall be governed by, and construed in accordance with the laws of the Republic of the Philippines.
House Rules Agreement
This agreement (the “House Rules Agreement”) serves as an appendix to the contract of lease between the LESSOR and LESSEE (the “Contract”) discussing allowed and disallowed conduct and other rules at MyTown (the “House Rules”). It should be read in conjunction with the Contract, which has similar terms. A list of fines and fees can be found in section I hereof.
A. GENERAL CONDUCT
- Proper Conduct. MyTown is a place where people treat each other with respect. All tenants are expected to conduct themselves in a respectable manner at all times, and observe socially acceptable and morally upright behavior. Tenants shall not conduct noxious, unlawful, annoying or offensive activities that would interfere with the rights, comfort or convenience of others. Similar to how improper behavior by our staff may result in termination of their employment with us, disrespecting MyTown staff as a tenant may also be reason for termination of its contract with MyTown.
- Noise. Our tenants work different shifts and may therefore sleep when you are awake.There must be no loud talking or yelling in the residential floors. All sounds (incl. music, TV, etc.) shall be kept at respectful levels at all times in order to prevent disturbance. Tenants are expected to be considerate to others and mindful that their activities do not disturb those who are resting.
- Private Use Only. Units shall be occupied for private residential purposes only; no unit shall be used for commercial or business purposes.
- Illegal Acts. The following acts may not be performed at the Dormitory Building or inside the Leased Premised and shall be cause for immediate termination of the Contract:
- Smoking. Smoking cigarettes, electronic cigarettes, vaporizers, or other tobacco products;
- Drinking. Making, bringing in, selling, distributing and/or consuming alcoholic beverages;
- Gambling. No gambling of any kind is permitted in the Dormitory Building.
- Harassment/Intimidation. Any form of harassment, personal intimidation or other acts that constitute a nuisance or disturbance of the public peace in the eyes of the LESSOR;
- Vandalism. As indicated in Article 10 of the Terms & Conditions, the tenant may not make alterations, additions and/or improvements to the Dormitory Buildings and/or Leased Premise. This includes painting or furniture modification, moving common area furniture into the residential units, modification of permanent wirings in the Dormitory Building, and willfully or negligently destroying, defacing, damaging, repairing or removing the furnishings, facilities or fixtures in the Dormitory Building;
- Political/religious Activities. Taking part in any political, religious or charitable activities;
- Solicitation. Any kind of solicitation, donation or peddling;
- Storing of Personal Items. Personal items must be kept in the units or, when applicable, in a rented locker designated to the tenant. To prevent blocking of pathways leading to fire/emergency exits, no items shall be stored in common spaces/hallways.
- Other Acts. Any and all acts considered illegal under the laws of the Philippines, including but not limited to theft, gambling, harassment, and intimidation are prohibited in the Dormitory Building. Any tenant caught in the act doing any illegal activity inside the leased premises will have their contract terminated and will be escorted outside of the leased premises immediately.
- Illegal Items. The following items may not be produced or kept at the Dormitory Building or inside the Leased Premised and shall be cause for immediate termination of the Contract:
- Pets. Pets or animals of any kind are not allowed in the Dormitory Building. In order to maintain cleanliness, sanitation, and to avoid the spread of disease that may be caused by such animals.
- Alcohol/Flammable Materials. Any material kept in the Dormitory Building/units that may result in the cancellation of insurance on the building or contents thereof, or would be in violation of any public law, ordinance or regulation such as alcohol, gasoline, propane or other highly flammable or explosive materials, other than common household products in limited quantities are harmful in cases of emergencies.
- Cooking Appliances. Cooking (except heating food using microwave units provided in every unit) or bringing and using cooking appliances such as gas burners, induction cookers, toasters and the like are not allowed and could trigger the smoke detectors inside dormitory units;
- Drugs. Possession, use, abuse, sale or distribution of methamphetamine, opium, marijuana, narcotics, hallucinogens, and other habit-forming drugs or drugs deemed illegal or prohibited under the applicable laws, therefore are also illegal to be kept inside the Dormitory Building as well;
- Dangerous Items. Keeping firearms, knives, and other dangerous weapons that can be used to harm others are not allowed inside the Dormitory Building;
- Other Items. Any and all other items that are considered illegal under the laws of the Philippines.
- Security. To ensure the security of the premises and LESSOR’s and tenants’ properties, all unit doors and building entry doors shall be kept closed and secured at all times, except when in use. The LESSOR shall not be liable for the illegal acts of others and/or the loss of personal property of the tenants.
B. VISITORS AND GUESTS
- Visitors above the age of 18 years are permitted to enter the Leased Premises between 9am and 6pm, but must abide by the following rules:
- Only one visitor is allowed per tenant at one time.
- Turn over a valid government-issued I.D. at the reception desk prior to entering the Leased Premises. Said I.D. will subsequently be returned upon departure;
- Adhere to the Contract, Terms & Conditions, and House Rules. Tenants will be held fully accountable for the actions of their visitor;
- Tenants must complete and submit a Visitor’s Form detailing the name of the visitor, hours of visitation, and consent from all roommates, to be submitted at the reception upon seeking access of the visitor. Said Visitor’s Form can be received from the reception of the Dormitory Building. A strict NO VISITOR’S FORM, NO ENTRY-policy shall apply;
- Visitors are strictly prohibited from staying overnight;
- Visitors are not permitted to enter the MyTown Club or loiter around the hallways.
- Any tenant who does not follow these rules will have their rights to accept visitors suspended for the duration of their contract. Any visitor not following these rules is to be escorted outside of the building as soon as found.
C. YOUR RIGHT TO PRIVACY, OUR RIGHT TO INSPECT
- Privacy. There is no guarantee of the tenant’s absolute privacy. MyTown representatives will make every effort to contact and schedule an appointment to enter a tenant’s unit when necessary. In the case of Lessor employees entering a tenant’s unit, MyTown representatives are required to knock loudly three times, announce themselves and wait for a response. If no response is made after the three attempts, the door will be opened and the team will proceed with their official business.
- Search and Seizure. In proper cases, any tenant suspected of possessing illegal drugs, contrabands, dangerous weapons and explosives shall automatically be subjected to a mandatory search of his/her room and property. If search is authorized, the tenant must fully cooperate. An official from the local barangay or any local government unit having jurisdiction of the Dormitory Building will be contacted to become a witness during the unit search and to ensure that the rights of the tenant are not violated.
- Caught in the Act. Prohibited items caught in the act of possession of and/or use by a tenant shall be immediately confiscated.
- Right to Inspect. MyTown conduct inspection of units from time to time, be it for security, cleanliness, in cases of emergencies, or if room is reported to be unclean or if a tenant is reported to be in violation of the House Rules Agreement.
D. ACCESS CARDS
- Access Card. Upon move-in, tenants shall be given access cards for entry to the Dormitory Building, their designated floors and rooms. Swapping, borrowing, lending and duplicating Access Cards is strictly prohibited.
- Hours of Access. Tenants with Access Cards have 24/7 access to the Dormitory Building. For visitor hours, see section B hereof.
- Lost Access Card. Lost Access Cards must be immediately reported and requested for replacement at the reception of the Dormitory Building. A replacement cost of five hundred Pesos (Php 500.00) shall be charged to the tenant in case of replacement.
E. USAGE AND CARE OF FACILITIES AND FIXTURES
- Linen. MyTown will provide a new set of beddings upon move-in.The Linen Package Includes, one (1) pillow, one (1) pillow case, one (1) towel, and one (1) bed sheet valued at PhP1,500.00 for private units and PhP840.00 for 4 Bed or 2 Bed sharing units, which will be deducted from the security deposit after the Lease Period ends.
- Damage. Tenants are responsible for any damage done to their assigned bed, unit, and furnishings. Please refer to Article 9 of the Terms & Conditions for further information.
- Energy Conservation. For the benefit of the environment and the tenants’ utility bills, conserve energy by switching off the lights and air-conditioning when leaving the unit also close the windows when the air-conditioning unit is on.
- Drying Clothes. Tenants are not allowed to hang anything on the walls, windows, sewage pipes, or on the fire sprinklers of their units.
- Condition of Unit. Cleaning of the unit and its appliances is the responsibility of the tenants, and shall be done regularly to avoid a dirty unit, four odors, molds, and/or pests. Tenants may at any time request the MyTown cleaning services at a fee if tenant prefers to do so to comply with these house rules. In the event that the LESSOR notices that the rooms are not cleaned or maintained properly, the room shall bescheduled for one-time cleaning, and tenants shall be charged four hundred pesos (Php 400.00), which will be divided amongst the existing tenants and billed to the next billing cycle.
- Storage of Perishable Goods. Perishable goods must be stored properly to avoid pests in the unit and/or building.
- Bathroom and Lavatory
- Shower. Hair strands and other waste material left in the bathroom shall NOT be flushed down the toilet and/or shower drain as this will cause clogging of the sewage pipes, and therefore must be picked up and disposed of properly.
- Toilet. Toilet bowl must be properly flushed and cleaned after every use. To avoid clogging of the toilet, used items shall be thrown into the garbage bin.
- Disposal. Unhygienic trash must be properly disposed of, by wrapping it in paper/plastic before disposing into the receptacle.
- Water Consumption. Close all faucets and water outlets well when not in use.
- Discovery of Damage. As discussed in Article 9 of the Terms & Conditions, tenants shall notify the reception staff of any necessary repairs to the units or premises as soon as the same is discovered, or risk being charged for its repair. The repair of any damage to the unit or appliances that are due to tenant’s negligence, fault or misuse shall be charged to the tenant.
- Other Common Areas and Premises. Property Management will take care of cleaning of common restrooms, lounge areas, hallways, and all other common areas. Clothing, or other items shall not be hung out the windows. Signages, advertisements or notices shall not be posted/placed inside or outside the Dormitory Building premises without prior written consent. There shall be an assigned bulletin board on each floor for announcements, notices and the like.
F. MOVING OUT
- Move-Out Inspection. Tenants must move-out with their units and furnishings as originally received, normal wear and tear excepted. An inspection of the tenant’s unit will be conducted together with the LESSOR during move-out.
- Access Cards. Access Cards must be surrendered at the reception during move-out. Failure will constitute a loss of an Access Card (see item D.3 above), which will be billed and deducted to the tenant’s Security Deposit.
- Personal Items. Any property left by tenants upon move-out shall be inventoried and stored for fifteen (15) days in a location/area designated by the LESSOR, after which it shall be disposed of or given to charity, upon LESSOR’s discretion.
- The LESSOR has the right, but not the obligation, to entertain requests of tenants to transfer between beds or units.
- In case the LESSOR accepts a tenant’s request for transfer. Transfer fee is PhP500.00, which covers the cleaning of both beds and the administrative fee.
H. TENANTS WITH DELINQUENT ACCOUNTS
- Delinquent Accounts. Tenants with delinquent accounts shall have their Access Cards deactivated and entry to the building will be prohibited until such time that the outstanding balance are settled and proof of payment is presented at the reception once emailed and verified by the billing department.
- Personal Items. All personal belongings of tenants with delinquent accounts shall be collected from the rooms and will be properly labeled three (3) days after card deactivation. Once outstanding balance has been settled and proof of payment has been forwarded to the billing department, said personal belongings may be claimed by the tenant.
- Assistance of Entry of Delinquent Tenants. Tenants who are found to have assisted the entry of delinquent tenants after Access Card de-activation shall be fined the amount equivalent to one (1) month rent.
I. FINES AND FEES
In case of nonobservance of the provisions of the House Rules, the tenant is obliged to pay a fine in a prescribed amount to be added on his monthly billing statement:
|Illegal Act||1st offence||2nd offence||3rd offence and beyond|
|A. General Conduct|
|1. Proper Conduct||Termination of Contract|
|2. Noise||Php 100.00||Php 100.00||Php 100.00|
|3. Private Use||Php 15,000.00|
|4. Illegal Acts|
|- Smoking||Php 1,000.00||Php 1,000.00||Php 1,000.00|
|- Making, bringing-in, selling, distributing, or consuming alcohol||Php 1,000.00||Php 1,000.00||Php 1,000.00|
|- Having personal cooking appliances inside the unit||Php 1,000.00||Php 3,000.00||Termination of contract|
|- Gambling inside the leased premises||Termination of contract|
|- Harassment or intimidation||Termination of contract|
|- Vandalism of leased premises||Termination of contract|
|- Taking part in political or religious activities inside the leased premises||Termination of contract|
|- Solicitation inside the leased premises||Termination of contract|
|- Use of prohibited drugs within the leased premises||Termination of contract|
|B. Visitors and Guests|
|1. Nonobservance of visiting hours||Suspension of visitor rights and Php 500.00||Php 1,000.00||Termination of contract|
|2. Allowing a visitor in the unit without complete and duly submitted Visitor’s Form||Suspension of visitor rights and Php 500.00||Php 1,000.00||Termination of contract|
|C. Right to Inspect|
|1. Occupancy of an empty bed and cabinet not assigned to the tenant||One (1) month rent penalty of the empty bed occupied|
|2.Failure to comply with hygiene and not taking out of rubbish||Unit will be cleaned and cleaning fee (Php 400.00) charged to tenant||PhP3,000.00||Termination of contract|
|3. Hanging items on walls, windows, sewage pipes, or on the fire sprinklers of units||Php 500.00||Php 500.00||Php 500.00|
|D. Access Cards|
|Lost Access Card||Php 500.00|
|E. Care of Facilities and Fixtures|
|Damage beyond regular wear and tear to the following items:|
|- Unit door||Php 1,300.00|
|- Ceiling||Php 1,000.00/sqm|
|- Lights/switches||Php 1,800.00|
|- Desk||Php 13,600.00|
|- Chair||Php 1,100.00|
|- Roller blind||Php 2,300.00|
|- ACU||Php 8,300.00|
|- Pillow||Php 180.00|
|- Sheets with pillow case||Php 375 (single) / Php 570 (queen)|
|- Blanket||Php 500 (single) / Php 650 (queen)|
|- Bed frame||Php 29,000.00|
|- Bed light||Php 800.00|
|- Bed mirror||Php 3,100.00|
|- Drawer||Php 4,350.00|
|- Mattress||Php 2,000.00|
|- Mattress cover||Php 1,000.00|
|- Towel||Php 285.00|
|- Storage cabinet/Counter top||Php 6,800.00|
|- Refrigerator||Php 5,600.00|
|- Microwave||Php 2,800.00|
|- Sliding door||Php 9,300.00|
|- Door mirror||Php 5,700.00|
|- CR mirror||Php 1,900.00|
|- Toilet bowl||Php 6,000.00|
|- Flush||Php 1,900.00|
|- Clogged drain or toilets||Php 100.00|
|- Shower||Php 1,500.00|
|- Sink||Php 900.00|
|- Towel rack||Php 3,100.00|
|- Bathroom lights||Php 4,100.00|
|- Water heater||Php 5,000.00|
|Transfer fee||Php 500.00||Php 500.00||Php 500.00|
|H. Tenants with Delinquent Accounts|
|1. False/inaccurateproof of payment||Termination of contract|
|2. Assistance in entry of delinquent tenant||One month rent||One month rent||One month rent|