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Commercial Lease Agreement for Philippines

Commercial Lease Agreement Template for Philippines

A comprehensive legal document governed by Philippine law that establishes the terms and conditions for leasing commercial property. This agreement outlines the rights and obligations of both the lessor and lessee, including rental payments, maintenance responsibilities, and permitted use of the premises. It incorporates relevant provisions from the Civil Code of the Philippines and local commercial property regulations, ensuring compliance with Philippine real estate laws and business practices. The document addresses key aspects such as lease duration, security deposits, utilities, insurance requirements, and termination conditions.

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What is a Commercial Lease Agreement?

The Commercial Lease Agreement is a vital legal instrument used in the Philippines for establishing and managing commercial property rental relationships. It serves as the primary document governing the rights and obligations between property owners (lessors) and business tenants (lessees) in commercial real estate transactions. This agreement is essential when any business entity wishes to lease commercial space for their operations, whether for retail, office, or industrial purposes. The document must comply with Philippine legal requirements, including the Civil Code of the Philippines and relevant local government regulations. It typically includes detailed provisions on rent, term, permitted use, maintenance obligations, insurance requirements, and other crucial commercial terms. The agreement's structure reflects common law principles while incorporating specific requirements of Philippine property and commercial law.

What sections should be included in a Commercial Lease Agreement?

1. Parties: Identification of the Lessor and Lessee with complete details including registration numbers for companies

2. Background: Context of the lease arrangement and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Demised Premises: Detailed description of the leased property including floor area and boundaries

5. Lease Term: Duration of lease, commencement date, and any option to renew

6. Rent and Other Charges: Rental amount, payment schedule, security deposit, advance rent, and other financial terms

7. Use of Premises: Permitted use of the property and any restrictions

8. Lessor's Obligations: Responsibilities of the property owner including maintenance and insurance obligations

9. Lessee's Obligations: Responsibilities of the tenant including maintenance, repairs, and compliance with regulations

10. Utilities and Services: Provisions regarding utility connections, payments, and service arrangements

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Rules regarding transfer of lease rights or subletting the premises

13. Default and Remedies: Events of default and corresponding remedies available to either party

14. Termination: Grounds and procedures for early termination

15. Governing Law: Specification of Philippine law as governing law and jurisdiction

16. Notices: Process for sending and receiving formal communications

17. Execution: Signature blocks and execution formalities

What sections are optional to include in a Commercial Lease Agreement?

1. Fit-out Works: Details of any permitted modifications or improvements to be made by the tenant

2. Common Areas: Rules and charges for shared facilities in case of multi-tenant buildings

3. Force Majeure: Provisions for unforeseen circumstances preventing performance of obligations

4. Environmental Compliance: Specific environmental obligations and compliance requirements

5. Building Rules: Specific rules and regulations for the building or complex

6. Signage Rights: Terms regarding installation and maintenance of business signage

7. Parking: Allocation and rules for parking spaces if applicable

8. Break Clause: Option for early termination under specific circumstances

9. Right of First Refusal: Tenant's right to match any offer for sale or re-lease of the property

What schedules should be included in a Commercial Lease Agreement?

1. Floor Plan: Detailed plan showing the leased premises and measurements

2. Inventory: List of fixtures, fittings, and equipment included in the lease

3. Rent Schedule: Detailed breakdown of rent payments and escalation rates

4. Building Rules and Regulations: Comprehensive set of rules governing the use of the premises

5. Form of Fit-out Works Application: Standard form for requesting approval of modifications

6. Service Charge Schedule: Breakdown of service charges and calculation method

7. Handover Form: Condition report for property handover

8. Required Permits and Licenses: List of mandatory permits and licenses for operation

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Retail

Commercial Real Estate

Office Space

Shopping Centers

Industrial

Hospitality

Food and Beverage

Healthcare

Banking and Financial Services

Technology

Education

Logistics and Warehousing

Relevant Teams

Legal

Finance

Operations

Real Estate

Facilities Management

Risk and Compliance

Procurement

Business Development

Administration

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Corporate Lawyer

Business Development Manager

Operations Director

Finance Director

Commercial Director

Procurement Manager

Store Manager

Branch Manager

Regional Manager

Compliance Officer

Risk Manager

Real Estate Director

Industries







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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