The Standard Form Of Cooperative Apartment Sublease is a crucial document used in Philippine cooperative housing arrangements when a shareholder-tenant wishes to sublease their apartment unit to another party. This standardized agreement template ensures compliance with both the Philippine Cooperative Code and local real estate laws while protecting the interests of all parties involved. The document is specifically designed for use in cooperative housing situations where the original tenant-shareholder maintains their ownership of cooperative shares while temporarily transferring occupancy rights to a subtenant. It includes comprehensive provisions covering rent, security deposits, maintenance obligations, cooperative rule compliance, and other essential terms. The form is particularly important as it must balance the rights of the subtenant with the cooperative corporation's interests and existing proprietary lease requirements. This document is commonly used in urban areas of the Philippines where cooperative housing arrangements are prevalent.
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1. Parties: Identifies the cooperative shareholder/tenant (sublessor) and the subtenant (sublessee), including their complete legal names and addresses
2. Background: Explains the context of the sublease, including reference to the primary proprietary lease and cooperative ownership structure
3. Definitions: Defines key terms used throughout the agreement, including 'Cooperative Corporation', 'Apartment', 'Building', 'House Rules', etc.
4. Premises: Detailed description of the subleased apartment, including unit number, floor, and any included fixtures or furnishings
5. Term: Specifies the duration of the sublease, including start and end dates
6. Rent and Security Deposit: Details the monthly rent amount, payment terms, security deposit requirements, and return conditions
7. Use of Premises: Specifies permitted use of the apartment and occupancy limitations
8. Compliance with Cooperative Rules: Requires subtenant's compliance with all cooperative bylaws, house rules, and regulations
9. Maintenance and Repairs: Outlines responsibilities for maintenance, repairs, and alterations
10. Utilities and Services: Specifies responsibility for utilities, services, and related payments
11. Access to Premises: Details conditions under which landlord/cooperative may enter the apartment
12. Assignment and Further Subletting: Prohibits further subletting or assignment without proper approvals
13. Insurance: Specifies required insurance coverage for both parties
14. Default and Remedies: Lists events of default and available remedies
15. Termination: Describes conditions and procedures for lease termination
16. Notices: Specifies how and where official notices must be delivered
17. Governing Law: Establishes Philippine law as governing law and specifies jurisdiction
18. Entire Agreement: Standard integration clause confirming the complete agreement of parties
1. Furniture and Furnishings: Required only if the apartment is being subleased furnished, including inventory list
2. Parking: Include if parking space is part of the sublease
3. Pet Provisions: Include if pets are allowed or specifically prohibited
4. Amenities Access: Include if building has special amenities (gym, pool, etc.) with specific access rules
5. Renovation Provisions: Include if subtenant is permitted to make specific alterations
6. Option to Extend: Include if subtenant is given option to extend the sublease term
7. Diplomatic Clause: Include for expatriate subtenants who may need early termination rights
8. Force Majeure: Optional clause addressing unforeseeable circumstances, particularly relevant post-COVID
1. Schedule A - House Rules: Current copy of the cooperative's house rules
2. Schedule B - Inventory List: Detailed inventory of furniture and furnishings if apartment is leased furnished
3. Schedule C - Condition Report: Detailed report of apartment condition at commencement of sublease
4. Schedule D - Maintenance Responsibilities Matrix: Clear breakdown of maintenance and repair responsibilities
5. Schedule E - Cooperative Board Approval: Copy of cooperative board approval for the sublease
6. Appendix 1 - Floor Plan: Floor plan of the apartment showing layout and dimensions
7. Appendix 2 - Building Amenities Rules: Rules and regulations for use of building amenities
8. Appendix 3 - Photo Documentation: Photographs of apartment condition at commencement of sublease
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