The Eviction And Lease Termination document is a crucial legal instrument in the Philippine property management landscape, designed to facilitate the formal end of a lease agreement and, when necessary, the removal of tenants from a property. This document becomes essential when there are lease violations, non-payment of rent, property sale, or other legally valid grounds for termination under Philippine law. It must strictly comply with the requirements set forth in the Civil Code of the Philippines, the Rent Control Act (RA 9653), and local government regulations. The document typically includes detailed sections covering notice requirements, grounds for eviction, settlement of outstanding obligations, property surrender conditions, and security deposit disposition. It serves both residential and commercial property contexts, though specific requirements may vary based on property type and local jurisdiction. The document must be carefully drafted to ensure enforceability while protecting the rights of all parties involved.
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1. Parties: Identification of the Lessor/Property Owner and Lessee/Tenant, including complete names, addresses, and contact information
2. Background: Brief overview of the existing lease agreement, including date of execution, property details, and current rental terms
3. Definitions: Definition of key terms used throughout the document including 'Premises', 'Lease Agreement', 'Termination Date', and 'Outstanding Obligations'
4. Grounds for Eviction/Termination: Clear statement of the legal basis for eviction or lease termination, citing specific violations or reasons under Philippine law
5. Notice of Termination: Formal declaration of lease termination, including the effective date and statutory notice period compliance
6. Vacation of Premises: Requirements and timeline for the tenant to vacate the property, including condition requirements for the property
7. Outstanding Obligations: Details of any unpaid rent, utilities, damages, or other financial obligations that must be settled
8. Return of Security Deposit: Terms and conditions for the return or forfeiture of the security deposit
9. Legal Remedies: Statement of legal actions that may be taken in case of non-compliance
10. Governing Law: Specification that the document is governed by Philippine law and relevant statutes
11. Execution: Signature blocks for all parties and witnesses
1. Grace Period: Optional section providing a grace period for the tenant to remedy violations before eviction proceeds, typically included when required by local regulations or as a good faith measure
2. Payment Plan: Section detailing arrangements for payment of arrears, included when eviction is due to non-payment but parties agree to settlement terms
3. Abandonment of Property: Procedures for handling tenant's abandoned personal property, included when there's risk of abandonment
4. Relocation Assistance: Terms of any relocation assistance offered, included when required by law for certain types of evictions or as a negotiated term
5. Mutual Release: Mutual release of future claims, included when parties agree to terminate the lease by mutual consent
6. Alternative Dispute Resolution: Procedures for mediation or arbitration before court proceedings, included when parties prefer to avoid immediate litigation
1. Schedule A - Property Details: Detailed description of the property including address, boundaries, and included fixtures/fittings
2. Schedule B - Payment Statement: Detailed breakdown of all outstanding amounts including rent, utilities, penalties, and other charges
3. Schedule C - Property Inspection Report: Current condition of the property and documentation of any damages
4. Schedule D - Original Lease Agreement: Copy of the original lease agreement and any amendments
5. Schedule E - Notice History: Copies of all previous notices sent regarding violations or termination
6. Schedule F - Photographic Evidence: Photos documenting property condition or lease violations, if applicable
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