The Main Tenant And Subtenant Agreement is a crucial document used in the Philippine real estate market when a primary tenant wishes to sublease their rented property to another party. This arrangement is common in both commercial and residential contexts, particularly in metropolitan areas like Metro Manila, Cebu, and Davao. The document must comply with Philippine property laws, including the Civil Code of the Philippines and the Rent Control Act of 2020, while also addressing local government requirements for rental properties. The agreement typically requires the original landlord's consent and must ensure that all terms align with the main lease agreement. It's particularly important in situations involving shared spaces, commercial subleasing, or when companies need to optimize their leased space usage. The document includes detailed provisions for rent, utilities, maintenance responsibilities, and default remedies, all structured within the framework of Philippine law.
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1. Parties: Identifies all parties to the agreement: the original landlord (if participating), main tenant, and subtenant, including their complete legal names and addresses
2. Background: Explains the context of the agreement, including reference to the main lease and the main tenant's right to sublease
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Main Lease', 'Sublease Period', etc.
4. Grant of Sublease: Specifies the portion of the property being subleased and the terms of occupation
5. Term and Renewal: Details the duration of the sublease and any renewal options, ensuring it doesn't exceed the main lease term
6. Rent and Security Deposit: Specifies the rent amount, payment terms, security deposit requirements, and utility responsibilities
7. Use of Property: Defines permitted uses of the property and any restrictions
8. Main Tenant's Obligations: Lists the main tenant's responsibilities, including maintaining the property and fulfilling main lease obligations
9. Subtenant's Obligations: Details the subtenant's responsibilities, including compliance with main lease terms and property maintenance
10. Repairs and Maintenance: Specifies who is responsible for different types of repairs and maintenance
11. Insurance and Liability: Outlines insurance requirements and liability allocation between parties
12. Default and Remedies: Describes what constitutes default and the available remedies
13. Termination: Specifies conditions for termination and the process involved
14. General Provisions: Includes standard clauses like governing law, notices, and amendment procedures
1. Landlord's Consent: Required when the main lease specifically requires landlord's written consent for subletting
2. Fit-out Works: Include when the subtenant is permitted to make modifications to the property
3. Operating Hours: Necessary for commercial properties with specific operating hour restrictions
4. Common Areas: Required when the property includes shared facilities or common areas
5. Option to Purchase: Include if the subtenant is given an option to purchase the property
6. Environmental Compliance: Necessary for properties requiring specific environmental compliance measures
7. Building Rules: Include for properties within managed buildings or complexes
1. Schedule 1 - Property Description: Detailed description of the subleased property, including floor plans and boundaries
2. Schedule 2 - Main Lease: Copy or key terms of the main lease agreement
3. Schedule 3 - Rent and Payment Schedule: Detailed breakdown of rent, deposits, and payment terms
4. Schedule 4 - Inventory List: List of furniture, fixtures, and equipment included in the sublease
5. Schedule 5 - Condition Report: Detailed report of the property's condition at the start of the sublease
6. Schedule 6 - House Rules: Building or property rules and regulations
7. Appendix A - Landlord's Consent Letter: Written consent from the original landlord for the sublease arrangement
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