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Ready to use legal template

Drafted by lawyers

Compliant with Filipino law

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Learn more about Commercial Lease Agreement in Philippines

A Commercial Lease Agreement is a contract between the owner of a property and the owner of a business, such as a merchant, artisan, or manufacturer. The owner might be an individual or a company. This Commercial Leasing Agreement can be used in Philippines to lease a restaurant, bar, warehouse, retail, office, or factory. The Commercial Leasing Agreement limits and thoroughly regulates the authorized business activity. The Commercial Lease Agreement, which describes each party’s rights and duties, protects both the lessor and the lessee, who must continue to operate their business for a lengthy period of time. You may use our Lease Agreement template if you want to Rent a Property.

Table of contents


What is a Commercial Lease Agreement?

The Commercial Lease Agreement is used when a commercial property is rented from a landlord (or lessor) to a tenant (or lessee).

This Lease will provide a quick and easy way to describe all of the terms of the parties’ agreement for commercial properties.

This Lease will serve as a legally binding contract between the parties, outlining the landlord’s and tenant’s rights and responsibilities. This lease has a number of changing clauses, including:

➤ Whether the parties are renting a portion or the entire property
➤ Whether other goods (such as fixtures) are included with the lease
➤ The lease's term
➤ Whether the renter will have the opportunity to extend the lease
➤ The amount and frequency of rent payments
➤ Whether a security deposit will be retained
➤ What the renter can do with the property
➤ How the agreement can be canceled
➤ The parties' rights "after a violation"

When to use a Business Rental Agreement?

A Lease Agreement is a written contract between a landlord and a tenant. A lease paperwork is frequently required when a property is rented for a lengthy period of time, such as 1-5 years or more. In such cases, a lease deed agreement plays an important role in preserving the landlord-tenant relationship by creating legally enforceable conditions.

How to use the Commercial Lease Agreement?

Commercial leases may assist landlords in managing tenant relationships while also safeguarding their business. Before renting space to a small business, it is vital to understand commercial leases. The type of business lease, terms, and termination criteria are critical components of your contracts that will influence how you negotiate the conclusion.

Commercial leases are classified into three kinds, which are as follows:

Type 1. Gross or full-service lease.
Type 2. Modified gross lease
Type 3. Net lease

Before renting space for a small business and providing renters a lease, make sure you use the appropriate kind, payment terms, and requirements. Consult with a real estate lawyer to ensure that your contracts serve their intended legal purpose.

What is included in the Commercial Rental Contract?

The tenant is obliged to respect the contractual provisions signed and inserted in the Commercial Lease Agreement. Thus, for any termination during the term of the commercial lease, the tenant must respect the notice period. He must send his wish to terminate by registered letter with acknowledgement of receipt. However, the tenant, by proceeding to a termination of the contract before the end of the lease term, will expose himself to several difficulties:

➤ Your names and contact details
➤ The address and basic property information
➤ The sort of commercial property you're leasing The square footage of the space The lease period and renewal terms
➤ The cost of rent and when it is due
➤ The security deposit's cost
➤ A description of how you intend to utilize the rented space
➤ An outline of potential changes or renovations. It may also clarify whether the changes are the responsibility of the business owner or the property owner
➤ The lease includes any fixtures or appliances

What are the different types of commercial lease?

The sort of Commercial Leasing Agreement you will sign is determined by the demands and preferences of your company. Learn about the following popular business leasing agreements:

1. Lease on the Internet

Single net lease: Although uncommon, single net leases are the simplest basic net lease. As a renter, you are responsible for paying the space’s rent and property taxes.

Double net lease: You are responsible for paying the rent, property taxes, and building insurance. The landlord is responsible for any utility, maintenance, and other fees that may occur. Because the property owner is financially responsible for structural faults, this sort of lease is frequent in multi-tenanted buildings. The price you pay will vary depending on the quantity of square footage you lease.

Triple net lease: Property owners benefit the most from this type of lease. As a tenant, you are responsible for the majority of the expenditures associated with your commercial space. Rent, maintenance, insurance, taxes, utilities, and normal property repairs are all your responsibility. When determining whether to pursue a triple net lease, use caution because you may be liable for large costs such as a malfunctioning HVAC system or a leaking roof. The benefit is that the basic rent for these homes is often lower.

Bondable net leases: This lease is close to a triple net lease , but you have even more stakes in your rental space. You are liable for any commercial space hazards, such as natural catastrophes or fires. These leases are uncommon, but the benefit to renters is that the landlord has fewer termination powers.

2. Gross Lease

As a business property renter, you may encounter one of two types of gross leases:

Full-service gross lease: Every month, you make a certain rent payment. As a company owner, this is the easiest rent to budget for because you can anticipate to pay the same flat fee each month. All other costs, like as insurance, electricity, taxes, and property management fees, are the responsibility of your landlord.

Modified gross lease: The landlord is still liable for insurance, utilities, taxes, and property management costs under this lease. You are liable for any incremental increases in operational costs in addition to paying your regular rent each month. For example, if the building’s property taxes unexpectedly increase, you may be required to pay a percentage of the increase.

3. Lease by Percentage

Restaurants and merchants are the most likely to sign percentage leases. This is when you pay the base rent as well as a percentage of your company’s total profits. You and the landlord will agree on a percentage before signing the lease. The more money your company produces, the more money you’ll have to pay your landlord (although the percentage will stay the same). This sort of lease allows the business owner and property owner to collaborate to boost the earnings of the business. If you want assistance with promotion, this is a good lease to consider.

What tenant and landlord needs to know before renting in Philippines?

Landlords will want a deposit before a renter may rent a residential unit. This is frequently referred to as a security deposit. In most circumstances, the regulations governing security deposits are nearly same in various nations. The renter is obligated to pay a specific amount that will be used to repair any damages incurred by the tenant. However, if there is no damage to the property, the landlord will refund the deposit. Unfortunately, unless photographs are taken, there is no way to show that a renter has left the home in good condition. This is why tenants must make an effort to snap photographs while moving in to legal documents any existing damage prior to inhabiting the home. When the landlord comes to examine the rental property, you may show him the proof.

Aside from deposits, tenants are often concerned about the security of the rental property. While this may be rather subjective, especially when it comes to the location of the home, a renter will always search for a place that will secure their safety. Check the security measures of your prospective rental site to lower your chances of getting robbed. Condos are frequently outfitted with security cameras to closely monitor day-to-day activity.

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