We have drafted a Staff Housing Agreement and asked our lawyers to look through it after providing a staff house. I have decided to share this so that everyone can benefit if they are also providing a staff house. It’s better to get everything in writing before they move in so all is clear. That way, there’s no disagreements going forward. Here you go:
STAFF HOUSING AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS:
This Housing Arrangement made and entered into, by and between:
Company Name., a corporation organized and existing under the laws of Philippines, with address at Office Address, represented in this transaction by its Position, Company Representative Name, known hereinafter as the LESSOR;
– and –
(Staff Name), of legal age, single/married, with postal address
(Mailing Address), known hereinafter as the LESSEE
WHEREAS, the Lessor is the absolute owner of a residential unit in Complete Address of Unit, herein known as the “Unit” or “Premises.”
Both parties agree that Company Name shall allow the Lessee to occupy the Unit at subsidized rates, subject to the terms and conditions specified below:
- That Company Name and the Staff still has an employer-employee relationship is the major consideration for Employer’s agreement to allow Employee to occupy the Premises. Regardless of whether the Employee under this Agreement must pay to Employer any amount to be enabled to occupy the Premises, this Agreement neither creates nor shall it be construed as creating a tenancy; rather, it creates and shall be construed as creating a mere license which Employer may revoke at any time.
- The staff can enjoy the full use of the unit at subsidized rates, but has to vacate without discrimination, prejudice, or complaint within one (1) day from her last employment day, along with her rightful belongings if:
- The employer-employee relationship between Employer and Employee ends;
- The Employee becomes unable to perform Employee’s duties for Employer, regardless of the reason or duration of that inability; or
- The Employer, for any or no reason, notifies the Employee that the Employee may no longer remain on the Premises.
Should Employee remain on the Premises for more than three days after the occurrence of an event specified in paragraph 2, then Employee shall pay to Employer, as damages and not as rent, commencing from the first day after the event occurred and continuing until Employee vacates the Premises, One Thousand Philippines Pesos (Php 1,000.00) per day, that amount being the reasonable value of the Premises should such an event occur.
If the tenant still does not vacate at the end of the seventh day, the Employer has the right to change the locks, discard the belongings, and charge the disposal and the lock changing to the Staff.
- RENTAL: That the Staff has agreed to pay to Company Name for the unit a monthly rental that is below market rates, at a rental rate of Two Thousand Two Hundred Philippines Pesos (Php 2,200.00) per month for a bed space and the use of the common areas of the residential unit. This amount will be deducted from the salary paid to the staff every 15th and last day of the month. If the Staff did not start in the first day of the month, this rental that will be charged per day will be Eighty Philippines Pesos (Php 80.00). The subsidized rate will cover the Unit’s association dues, taxes, and VAT.
By signing this agreement, the Employee authorizes Company Name to deduct from Employee’s wages any amount which Employee must pay to Employer under this Agreement.
- SECURITY DEPOSIT: Company Name will not require any security deposits or advance payments for the Staff for the use of the unit, with the trust that the staff has the good will safeguard and take care of the unit to the best of their abilities during their length of stay.
- REPAIR OF APPLIANCES: That the Employer will provide the appliance as is where is, and it is the Employee’s responsibility to take care of the appliance as if it was theirs.
The Employee, at Employee’s expense, shall repair any damage to the Premises caused by Employee’s acts or neglect. In short, if the appliance was broken or requires repair because of someone’s negligence, it is that tenants’ responsibility to repair it in their own capacity, with the cost harboured by the occupant who caused the problem. If the occupant will not pay, this amount will be deducted from the next payroll. Nonetheless, if the repair is due to normal wear and tear, Company Name agrees to repair it at company’s expense.
- UTILITIES: The Employee will be solely responsible for the charges of the utilities used in the unit, which will include gas if any, electricity, water, garbage, cable TV, and Internet, among others. The utility bill will be divided equally amongst the occupants. If there is a new occupant, he/she will still pay for her share of the utility bill pro-rata to the number of days stayed, using 30 days as measurement.
- USE OF PREMISES: The premises should be used only as dwelling and sleeping quarters for the occupants who have signed the same contract. Only dry goods, merchandise and wares may be stored and placed therein. No outsiders or pets allowed inside.
- OUTSIDERS: The employee shall allow no other person to occupy the Premises without the Employer’s prior written consent. If it has been found out that the premises has been occupied by an outsider at the Staff’s invitation but without the Company’s consent, Company Name. may opt to rescind this agreement with the affected Staff.
- IMPROVEMENTS: Employee may modify the Premises only with Employer’s prior written consent. Any permanent improvements that are made will be the possession of the Company when the Employee departs.
- MAINTENANCE: The Staff shall be responsible for the ordinary upkeep, maintenance of and or minor repairs on the leased premises, and shall moreover keep the said premises in clean and sanitary condition.
The maintenance, servicing and or replacements of common electrical light fixtures which Lessor may have originally furnished to Lessee shall be undertaken by the Lessee at the Lessor’s expense to insure safety and functionality. Upon termination of this Lease, these electrical fixtures shall be turned over to Lessor in good condition.
Except with the prior written consent of the Lessor, the Lessee shall not drive nails, screws, hooks, connect, install, run wires, tubes or other abutments on the walls, frames or other portions of the Building nor in any manner deface or damage any part of the premises of the Building. Failure of the lessee to obtain the prior consent of the Lessor shall entitle the Lessor to remove the same at Lessee’s expense and/or charge the Lessee for the amount of the damage or injury done or caused by the Lessee or terminate this lease.
The Lessee shall not bring into or store in the leased premises anything of a highly inflammable nature or explosive materials nor install therein any cooking and/or other apparatus, machinery or equipment which may cause obnoxious odors, tremors or noise, or expose the leased premises to fire or increase the fire hazard of the building or change the insurance rate of the Building, or any other article which the Lessor may reasonably prohibit, it being understood that should the Lessee do so, the latter shall not only be responsible for all damages which such violation may cause and Lessor and/or its other tenants but, in addition thereto, the Lessor shall have the right to cancel this contract. If the Lessee shall use the leased premises or the Building in such a manner or deposit therein any such matter as to result in any increase in the rate of the insurance payable by the Lessor, the increase shall be for the account of Lessee.
The Lessee shall provide itself, at his/her/its own cost and expense, with trash cans which the city ordinance require to hold and contain waste matter, garbage and refuse and shall deposit them within its own premises or at such places as may be designated by the Building.
The sidewalk, entries, corridors, stairways and passageways in the Building shall not be obstructed or used by the Lessee for any purpose other than for ingress to and egress from the leased premises. The Lessee shall not encroach upon the same and shall observe at all times the borderline limits of the leased premises.
- NON-LIABILITY OF LESSOR: The Lessor shall not be liable in any of the following contingencies, to wit:
- For the presence of bugs, rats, vermin, ants, termites (anay) or insects of any kind or nature in the leased premises;
- For the failure of water supply and/or electric currents;
- For any article or thing delivered or left to any of its employees;
- For any loss, damage or injury to the Lessee or his/her/its representative, employees or guests in the premises due to theft, robbery and other crimes or any cause whatsoever;
- For any loss, damage or injury caused by or arising from plumbing, gas, water, and/or other pipes, or the leaking or destruction of any cistern, tank, washstand, water closet or waste pipe in the Leased Premises or caused by water coming through the roofs, skylights, trap doors or otherwise.
- THIRD PARTY LIABILITY: The Lessee hereby assumes full responsibility and liability for any loss, damage or injury caused to the person or property of third persons while remaining for any reason in any part of the Leased Premises or Building and further binds himself/herself/itself to hold the Lessor free and harmless of, and from any such claim for injury or damage to third persons or visitors.
- CONFLICTS: In the event of a disagreement between the occupants in the Unit, the Employer will hold a mediation meeting in the office, and after hearing both sides of the issue, has absolute right to decide on an outcome based on the evidence provided. There is another meeting that can be made three days from the first, to give chance to either parties to appeal, but the decision made by the Employer from the second meeting will be final.
- INSPECTION: That the Employer and its agents at all reasonable times may enter and inspect the Premises to ensure that Employee is complying with this Agreement. The Employer can also notify the Staff, after authorizing its agents to enter the unit and repair and maintain the unit if needed. The Employer also has the right to install a remote controlled CCTV at the common areas of the Unit for everyone’s safety, which will be reviewed in case there’s any issues arising in the Unit.
- RULES AND REGULATIONS: That the Staff shall read and follow the building rules and regulation that are set by the Name of Building Condominium Corporation.
- CHANGES TO THIS AGREEMENT: That the Employer may change any provision of this Agreement, including the amounts specified in paragraphs 2 and 3 above, by giving Employee written notice of the change at least 30 days before it is to become effective. By continuing to occupy the Premises after having been so notified, Employee will be deemed to have agreed to the change.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of Month 2019 at Area and City, Philippines
Lessor: Company Representative Lessee: Staff Name, Date
SIGNED IN THE PRESENCE OF:
REPUBLIC OF THE PHILIPPINES) S.S.
PASIG CITY, METRO MANILA)
BEFORE ME, a Notary Public, for and in the City of __________, Metro Manila, on this ____________ day of ____________ 2019 personally appeared the following persons:
Name Valid ID/Passport No. Date/Place issued
All known to me and to me known to be the same persons who executed this foregoing instrument and who acknowledged to me that the same is their free and voluntary act and deed and the free and voluntary act and deed of the principals they respectively represent.
The forgoing document refers to a Staff Housing Agreement of a residential unit at Condo Name Condominium, signed by the parties on all pages of the document.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. _________; NOTARY PUBLIC
Page No. _________;
Book No. _________;
Series of 2019.
Microsoft Word Document – STAFF HOUSING AGREEMENT – General
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