MYTOWN TERMS AND CONDITIONS AND HOUSE RULES
(the “TERMS & CONDITIONS”)
Last Updated: [07-19-2017]
Any LESSEE of a MyTown Unit is expected to read the following Terms & Conditions. In signing a Unit lease contract with us, the LESSEE declares that it has read these Terms & Conditions, has fully understood its content, and to faithfully abide to these Terms & Conditions.
- ACCREDITED BANKS
LESSEE is required to make payments to LESSOR from any of the following banks (the “Accredited Banks”): Al-Amanah Islamic Investment Bank of the Philippines, Development Bank of the Philippines, Land Bank of the Philippines, Banco de Oro Universal Bank, Metropolitan Bank and Trust Company, Bank of the Philippine Islands, Philippine National Bank, Rizal Commercial Banking Corporation, UnionBank of the Philippines, China Banking Corporation, Citibank, East West Bank, Philippine Savings Bank, Philtrust Bank (Philippine Trust Company), Security Bank, United Coconut Planters Bank, Allied Bank Corporation, Philippine Bank of Communications, and Asia United Bank.
- LEASED PREMISES
Collectively the Unit the LESSEE resides in as well as all other areas used by the LESSEE in the Dormitory Building.
- CLUB FEE
At the option of the LESSEE, LESSEE may avail of the MyTown Club at a monthly expense of FIVE HUNDRED SIXTY PESOS (PHP 560.00) per person per month (the “Club Fee”).
- MAINTENANCE AND REPAIRS
The LESSEE shall keep and maintain the: (i) Leased Premises; and (ii) the accessible public areas of the Dormitory Building, and its respective appurtenances in good, sanitary and tenantable condition. In particular, the LESSEE shall use caution when using the furnishings and fixtures in the Leased Premises and shall not use such items for any purpose other than those for which they were constructed.
The LESSOR shall be responsible for all major repairs on the Leased Premises and for repairs on appliances and water, electrical, and sewage installations caused by ordinary wear and tear. If major repairs last for more than thirty (30) days, the Rent of the Leased Premises shall be reduced in proportion to the time, including the first thirty (30) days, and the part of the Leased Premises which LESSEE has been deprived of use due to the said repair. If major repairs will render the residential Leased Premises to be untenantable, the LESSEE has the right to terminate this Contract, with proper notice to LESSOR. LESSOR will be liable to return to the LESSEE the Advance Rent and Security Deposit without interest, subject to the allowable deductions for unpaid obligations and damage to the Leased Premises, if any, and the exercise of forfeiture provisions under this contract as may be applicable.
The LESSEE shall be financially responsible for (a) all minor repairs on the Leased Premises costing THREE THOUSAND PESOS (PHP3,000.00) and below for each occurrence per Unit; and (b) irrespective of its cost, repairs due to the willful act, fault or negligence of the LESSEE (including its occupants, guests or visitors).
The LESSOR and the LESSEE agree that the LESSOR shall cause all repairs required for the Leased Premises by a contractor chosen by the LESSOR, subject to reimbursement by the LESSEE of the total cost of repairs after completion for which the LESSEE is responsible within five (5) business days from receipt of the billing therefor.
The LESSEE agrees to immediately notify the LESSOR the discovery of any damage, defect or destruction of the Leased Premises, furniture, or the failure of any of the LESSOR’s appliances or mechanical systems, regardless of whether the damage, defect, destruction or failure was due to the fault of the LESSEE. Even if the original damage is for the account of the LESSOR, any additional damage as a result of the delay in notification by the LESSEE to the LESSOR shall be for the LESSEE’s account.
- ALTERATIONS, ADDITIONS AND IMPROVEMENTS
The LESSEE may not introduce any additions, alterations or improvements within the Leased Premises without prior written consent of the LESSOR, which shall give its consent only to the extent that such additions, alterations or improvements will not compromise the system integrity, structural safety and architectural, technical and aesthetic standard of the Leased Premises. All additions, alterations and improvement works shall be done only by contractors approved by or acceptable to the LESSOR.
All such permanent additions, alterations and improvements which are suitable to the use for which the lease is intended made on the Leased Premises by the LESSEE in good faith, with prior written approval from the LESSOR, and without altering the form or substance of the property leased, shall become the LESSOR’s property upon the termination of the Contract.
As regards permanent additions, alterations and improvements made by the LESSEE without the LESSOR’s consent, the LESSOR may, at its option, retain all or part of the improvements without need for reimbursement to the LESSEE or demand that LESSEE remove said permanent additions, alterations, or improvements in whole or in part, and restore the Leased Premises to a condition in which they were delivered at the commencement of the Execution Date of the Contract, normal wear and tear excepted, at the LESSEE’s sole expense.
- USE OF THE UNIT AND DORMITORY BUILDING
The LESSEE shall use the Leased Premises exclusively for residential purposes only. The Leased Premises shall not be used at any time during the Term of the Contract for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residence. Violation of this provision shall entitle the LESSOR to collect a penalty in the amount of ONE HUNDRED THOUSAND PESOS (PHP 100,000.00) for every month of or fraction thereof that the LESSEE fails to comply with this provision without prejudice to such other remedies available to the LESSOR under this Contract, at law, or in equity.
The Leased Premises may only be used and occupied by no more than as allowed by the Configuration indicated in LESSEE’s Contract. LESSEE is not allowed to bring any guests (friends, family or otherwise) to the Leased Premises other than those specifically pre-approved in writing by the LESSOR.
The Leased Premises shall not in any instance be used for any illegal, immoral, or commercial activities, which activities are hereby prohibited. In instances where such activities do happen despite this prohibition, LESSEE holds LESSOR free from any liability arising from any illegal, immoral, or commercial activities.
The LESSEE hereby expressly acknowledges that the Leased Premises are in good and tenantable condition and agrees to keep the same in a clean, presentable, and sanitary condition in order to maintain the high quality standards of the Leased Premises.
The LESSEE shall see to it that the Leased Premises is free from annoying sounds, disturbing noises, toxic substances, noxious odors, and other nuisances. Illegal drugs and other substances and items illegal under Philippine Law shall likewise be prohibited.
The LESSEE shall not bring into or store in the Leased Premises anything of highly inflammable or explosive nature, or any articles or materials that may expose the Leased Premises to fire, or thereby increase the fire hazard of the Leased Premises.
The LESSOR shall not be liable for the presence in the Leased Premises of bugs, vermin, rats, ants, termites, insects, and other pests of any kind or nature whatsoever. Regular pest control shall be the responsibility of and for the account of the LESSEE.
No pets and live animals (including but not limited to dogs, cats, birds, amphibians, reptiles, hamsters, and fish) shall be kept in the Leased Premises without the LESSOR’s prior written consent. Such written consent so given may be revoked at any time in writing by the LESSOR.
The LESSEE agrees to keep the Leased Premises smoke-free and ensure that none of the occupants of, and guests and visitors in, the Leased Premises shall smoke therein (except at areas designated by the LESSOR), a penalty of TEN THOUSAND PESOS (PHP 10,000.00) per infraction shall apply.
The LESSEE shall strictly comply with all rules and regulations governing the LESSEE and the Leased Premises, including but not limited to the House Rules, which are indicated below. Further, the LESSEE shall comply with any and all rules and safety regulations, ordinances and laws made by the health, sanitary and other duly constituted authorities of the barangay, city, or national government arising from or regarding the use, occupancy, and sanitation of the Leased Premises. In case LESSEE fails to abide by the foregoing, LESSOR may, at its option, perform such acts necessary for compliance therewith at the expense of LESSEE.
LESSEE shall maintain the Leased Premises in a clean and orderly condition at all times. LESSEE shall not sweep, throw, or dispose of any dirt, waste, rubbish or other substance or article from the Leased Premises into any other part of the Property, except in proper receptacles provided by LESSOR and in accordance with the rules and regulations of LESSOR and the relevant municipality pertaining to trash and the recycling and segregation thereof. No articles shall be hung from the windows, doors, porches, balconies, in common areas, or placed upon the exterior windowsills. In case LESSEE fails to abide by the foregoing, LESSOR may, at its option, perform such acts necessary for compliance therewith at the expense of LESSEE.
LESSEE shall not permit any nuisance to exist within the Leased Premises which shall result to substantial interference with the rights, comfort, safety or enjoyment of LESSOR or other occupants of the Dormitory Building.
The water closets, disposals, waste pipes and sewer/septic lines shall not be used for any purpose other than those for which they were constructed, nor shall any sweepings, rubbish, rags, or any other improper articles be thrown into the same. Any damage to the Leased Premises caused by the misuse of the foregoing equipment or facilities by LESSEE shall be borne by LESSEE.
No receptacles, vehicles or other articles or obstructions shall be placed or stored in the halls, passageways or other common areas. LESSEES may not use or store articles in any area of the Dormitory Building except as may be specifically allowed by LESSOR in writing and only for the purpose explicitly stated herein.
LESSEES shall close all doors and windows and remove all items that can damage the Dormitory Building in case of bad weather such as rain, wind, typhoon, storm, or any other type of weather that may damage the Dormitory Building. LESSEE shall be liable for any damages to the Dormitory Building as a result of violating this condition.
The LESSOR unconditionally and absolutely warrants the following:
- The LESSEE shall enjoy legal possession of the Unit during his/her Term;
- In the event of the sale, transfer, mortgage, or other disposition of the Unit or Dormitory Building, the transferee thereof shall be informed of the existence of the lease pursuant to this Contract, and the LESSOR shall stipulate as one of the conditions of the sale or disposition that the transferee of the Unit or Dormitory Building shall respect the terms and conditions of this Contract; and
- TAXES AND INSURANCE
All real property taxes and special assessments that may become due on the Leased Premises shall be for the exclusive account of the LESSOR.
The LESSEE shall remit all taxes withheld from the LESSOR as required by applicable laws, rules and regulations, or ordinances, and shall accordingly furnish the LESSOR adequate proof of withholding and remittance of such taxes when required.
THE LESSOR shall be responsible for maintaining fire and other insurance coverage for the Leased Premises. THE LESSEE, on the other hand, shall be responsible for obtaining insurance for the property of the LESSEE placed within the Leased Premises.
- FORCE MAJEURE
In the event that acts of God or force majeure such as earthquake, typhoon, flood, fire, war, or other unforeseen events of which the happening and consequences cannot be prevented or avoided shall totally destroy the Leased Premises, both parties shall meet within fifteen (15) days after the occurrence of such event and state through a written agreement that this Contract shall immediately be extinguished without liability to any of the parties involved except for the return to the LESSEE of the Advance Rent and Security Deposit without interest subject to the allowable deductions for unpaid obligations.
- LIABILITY AND INDEMNIFICATION
The LESSEE hereby assumes full responsibility and holds the LESSOR free and harmless from any claim for injury or damage which may be caused to the person or property of the LESSEE and/or third persons while remaining in any part of the Dormitory Building.
The LESSEE shall indemnify and hold the LESSOR free and harmless from and against all actions, suits, damages, and claims by whomsoever that may be brought or made by reason of the LESSEE’s non-observance or non-performance of pertinent rules, regulations, ordinances, laws, or any of the covenants of this Contract, without prejudice to the right of the LESSOR to terminate this Contract in accordance with the provisions herein contained.
- LOSS OR DAMAGE TO PERSONAL PROPERTY AND PERSONAL INJURY
All personal property in or around any part of the Leased Premises or Dormitory Building shall be at the sole risk of LESSEE. LESSOR shall not be liable for damage to, or loss of, property of any kind which may be lost or stolen, damaged or destroyed while in the Leased Premises or in any area of the Dormitory Building, unless it is adjudged by a competent court that the damage or loss is directly caused by the fault or gross negligence of LESSOR.
LESSOR shall not be liable for any injury suffered by LESSEE, or their guests and visitors, unless said injury is adjudged by a competent court to have been directly caused by the fault or gross negligence of LESSOR.
- ACCESS TO THE LEASED PREMISES
The LESSOR or its authorized agents shall, by previous arrangement with the LESSEE and during reasonable hours, have the right to enter the Unit to examine the same or for any purpose which it may deem necessary for the preservation, conservation, improvement, or maintenance of the Leased Premises. The LESSOR shall offer a notice period of three (3) hours for such Unit inspections, but the LESSOR has the right to immediately inspect the Unit in case LESSOR reasonably believes LESSEE inflicted damages and/or caused a violation of these Terms & Conditions and/or the Contract.
The LESSEE shall, at all reasonable times, and with prior arrangement with LESSOR, allow and give access to the LESSOR and its approved contractor to the Leased Premises for the purpose of undertaking all works necessary for the preservation, conservation, or improvement of the Leased Premises.
During the last forty-five (45) days of the LESSEE’s Term, provided that the LESSEE has not yet given any notice to the LESSOR of its intention to renew the lease of the Leased Premises in accordance with its Contract, the LESSOR shall have the right to (a) exhibit the Leased Premises to prospective tenants/buyers during reasonable hours and upon prior notification and appointment with the LESSEE; and (b) display “For Sale” or “For Rent” or similar signs on or about the Leased Premises.
- THIRD PARTY LIABILITY
LESSEE, during its occupancy of the Leased Premises, shall hold LESSOR free and harmless from any and all liabilities to any person or property arising out of or as a consequence of the use of, or presence in, the Leased Premises by / of LESSEE, other occupants of the Leased Premises and their guests and visitors.
LESSEE acknowledges that although LESSOR may provide 24/7 security such as CCTV in the Dormitory Building, it is not represented or warranted to be complete in all respects or to protect LESSEE from all harm. LESSEE hereby releases LESSOR from any loss, suit, claim, charge, damage, liability or injury resulting from lack of security or failure of security. LESSEE shall not damage or remove any security system, monitoring, common lock, and/or sensor devices located in and about the Leased Premises and/or the Dormitory Building.
Written notice from the LESSOR to LESSEE shall be deemed to have been properly given if delivered via text message and/or electronic mail to the contact details provided in LESSEE’s Contract, delivered or left in or on any part of the Unit, or that such notice has been delivered to or left with LESSEE or anyone expressly or impliedly authorized to receive messages for LESSEE. LESSEE shall immediately inform LESSOR of changes in LESSEE’s contact details including, but not limited to, permanent address, telephone number, mobile number and electronic mailing address. In the event LESSOR is not informed of any such changes, notice given by LESSOR to LESSEE using the contact information provided shall be deemed proper notice.
The Unit is deemed abandoned if it is unoccupied for a period of thirty (30) days without prior notice to the LESSOR, or if it would otherwise be reasonable for the LESSOR to presume under the circumstances that the LESSEE has abandoned the Leased Premises. If at any time during the LESSSEE’s Term, the LESSEE abandons the Leased Premises and any of the LESSEE’s personal property in or about the Leased Premises, the LESSOR shall have the following rights:
- The LESSOR may enter the Leased Premises by any means without liability on the part of the LESSOR;
- The LESSOR may dispose of any of the LESSEE’s abandoned personal property as the LESSOR deems appropriate without liability on the part of the LESSOR; and,
- The LESSOR may re-let the Leased Premises or any part thereof under such terms and conditions as the LESSOR may deem proper and convenient. Such re-letting shall not operate as a waiver of the LESSOR’s right to terminate the LESSEE’s Contract at any time nor any other right of the LESSOR under the Contract, at law or in equity.
If at any time during the effectivity of the Lease Contract, the Philippine government or any of its political subdivisions or instrumentalities should expropriate or condemn the Dormitory Building or any part thereof or interest therein, then upon the request of the LESSOR, the LESSEE shall deliver and surrender peaceably to the LESSOR possession of the Leased Premises to the extent affected by expropriation or condemnation and the LESSOR by reason thereof shall not be liable to the LESSEE for any compensation or indemnity, without prejudice, however, to the rights of the LESSEE, if any, to claim for compensation or indemnity against the expropriating or condemning authority.
- CUMULATIVE RIGHTS
All rights or remedies conferred upon or reserved to any one of the parties under the Lease Contract shall be deemed to be cumulative and not alternative nor exclusive of any other right or remedy given hereunder, or existing at law or in equity, and may be enforced concurrently therewith or from time to time. The failure of any Party to insist on the strict compliance with any stipulation or condition in the Contract and/or to exercise any right or remedy or option herein shall not be construed as abandonment, withdrawal, waiver or cancellation of such stipulation, condition, right, remedy or option but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
- HOUSE RULES
- Proper Conduct. All tenants are expected to conduct themselves in a respectable manner at all times.
- Private Use Only. Units shall be occupied for private residential purposes only.
- No Business. No unit shall be used for commercial or business purposes.
- No Pets. No pets/animals of any kind are allowed in the Dormitory in order to maintain cleanliness, sanitation and to avoid the spread of disease that may be caused by such animals.
- Proper Decorum. Tenants are expected to observe a socially-acceptable and morally upright behavior and shall not conduct noxious, unlawful, annoying or offensive activities that would interfere with the rights, comfort or convenience of others. There must be no loud talking or yelling; all noise (incl. music, TV, etc.) shall be kept at respectful levels to prevent any public disturbance.
- Prohibited Acts and Conducts.
- Painting or furniture modification, including the possession of common area furniture in the residential units;
- Storing personal furniture or belongings in the common areas;
- Modification of permanent wirings in the Dormitory Building;
- Vandalism: willfully or negligently destroying, defacing, damaging, repairing or removing the furnishings, facilities or fixtures in the Dormitory Building;
- Keeping firearms, knives or other dangerous weapons and flammable materials inside the Dormitory Building;
- Cooking (except heating food using microwave units provided in every unit), or bringing and using cooking appliances such as gas burners, induction cookers, toasters and the like in the Dormitory Building;
- Having any commercial or business activity and related acts in promotion thereof inside the Dormitory Building;
- Taking part in any political, religious or charitable activities, or any kind of solicitation, donation or peddling activities that cause undue disturbance or disorder within the Dormitory Building premises;
- Gambling in any form;
- Smoking cigarettes, electronic cigarettes, or other tobacco products;
- Drinking, making, bringing in, selling and/or distributing alcoholic beverages;
- Possession, use, abuse, sale or distribution of shabu, opium, marijuana, narcotics, hallucinogens and other habit-forming drugs or drugs deemed illegal/prohibited under the applicable laws;
- Harassment causing unreasonable annoyance to other residents or other acts that constitute a nuisance or disturbance of public peace;
- Threat or infliction of harm in any form or commission of any crime against another tenant or guest;
- Keep Doors Closed. All unit doors and building entry doors shall be kept closed and secured at all times, except when in use.
- No Flammable Materials. Nothing shall be done or kept in the Dormitory Building/units which may result in the cancellation of insurance on the building or contents thereof, or would be in violation of any public law, ordinance or regulation. Gasoline, propane or other highly flammable or explosive materials, other than common household products in limited quantities are strictly prohibited.
Visitors and Guests
- Guests above the age of 18 years are permitted to enter the Leased Premises from 9am to 6pm but must abide by the following rules: (a) they turnover a valid I.D. to the reception desk located on the G/F upon entering the Leased Premises. This will subsequently be returned upon their departure (b) Tenants will be held fully accountable for the actions of their guests who must comply with the provisions of this Contract, as well as the rules and regulations stated in the House Rules (c) tenants must first seek WRITTEN permission from their roommates before inviting guests into the Leased Premises. NO WRITTEN APPROVAL, NO ROOM ENTRY, (d) guests are strictly prohibited from staying overnight (e) guests are not permitted to enter the MyTown New York roof-deck club house or loiter around the hallways.
- All individuals, including non-MyTown tenants, have unrestricted access to the G/F of the Dormitory and can avail of any the retail outlets provided.
Your Right to Privacy; Our Right to Inspect
- There is no guarantee of the tenant’s absolute privacy. MyTown representatives will make every effort to contact and schedule an appointment to enter a tenant’s unit when necessary. The only time MyTown representatives may enter a unit without prior notice is when an emergency requires it or if all other alternative measures have been exhausted. Upon entering a tenant’s unit, MyTown representatives are required to knock loudly three times, announce themselves and wait for a response. If a MyTown representative enters a unit without the presence of a tenant, the representative will leave an official notice of entry.
- Search and Seizure. In proper cases, any tenant suspected of possessing illegal drugs, contrabands, dangerous weapons and explosives shall automatically be subjected to a mandatory search of his/her room and property. If search is authorized, the tenant must fully cooperate. An official from the Barangay having jurisdiction of the Dormitory Building will be contacted to become a witness during the unit search and to ensure that the rights of the tenant are not violated.
- Caught in the Act. Prohibited items caught in the act of possession of and/or use by a tenant shall be immediately confiscated.
Hours of Operation and Access
- Hours of Access. Main entrance should ALWAYS be locked. Only tenants with Access Cards can access the Leased Premises 24/7.
- Security of Rooms. Tenants must lock their units at all times to secure personal belongings. The Company and Philippines Urban Living Solutions, Inc. shall not be liable for the illegal acts of others.
- Access Card. Upon move-in, tenants shall be given Access Cards for entry to the Dormitory Building, their designated floors and rooms. Tenants shall be responsible for access gained through the use of their Dormitory Building Access Cards. Swapping, borrowing, lending and duplicating Access Cards without prior written consent is strictly prohibited.
- Lost Access Card. Lost Access Cards must be immediately reported and requested for replacement through the Admin Office in the basement or at the Reception Area at the ground floor of the Dormitory Building. Replacement of Access Cards will cost the tenant a sum of FIVE HUNDRED PESOS (P500.00).
- Access to Pathways. Personal items must be kept in the units and not in the common spaces/hallways to prevent the blocking of pathways leading to fire/emergency exits.
- Quiet Hours (9PM-6AM). Tenants are expected to be considerate or their co-residents and mindful that their activities do not disturb those who are resting for the night.
Usage and Care of Facilities and Fixtures
Usage Guidelines. The following guidelines must be practiced by every tenant.
- MyTown will provide the first, new set of beddings upon move-in; tenants shall provide their own set of beddings thereafter, and shall return the provided beddings to MyTown upon move-out.
- Tenants are responsible for any damage done to their assigned bed, unit and/or furnishings.
- Tenants must conserve energy by switching off the lights when not in use and closing windows when the air-conditioner is on.
- Tenants are not allowed to hang anything on the walls of their units.
- Cleaning of the unit and its appliances as necessary is the sole responsibility of the tenants. They must provide their own cleaning materials.
- Perishable foods must be stored properly to avoid pests in the Dormitory.
Bathroom and Lavatory
- Personal items like soap, shampoo, conditioners, underwear, slippers, face towels, etc. must NOT be left in the bathroom.
- Hair strands left in the bathroom after shower must be picked up and disposed of properly.
- Unhygienic trash must be properly disposed of. It must be wrapped in paper/plastic before being disposed into the receptacle.
- Toilet bowl must be properly flushed after every use. No items other than toilet paper shall be thrown into the toilet bowl.
- Close all faucets and water outlets well when not in use.
Other Common Areas and Premises
- Janitorial staff will take care of cleaning of common restrooms/lavatories, lounge areas, hallways and all other common areas.
- Clothing, or other items shall not be hung out the windows.
- Signages, advertisements or notices shall not be posted/placed inside or outside the Dormitory Building premises without prior written consent. There shall be an assigned bulletin board on each floor for announcements, notices and the like.
- Tenants shall notify the Admin Office in the basement of any necessary repairs to the units or premises as soon as the same is discovered.
- The cost of repairing damages to the unit or appliances supplied therewith, which is a result of negligence, fault or misuse by the tenant shall be charged to the tenant.
- Tenants must return their units/furnishings as originally received, normal wear and tear excepted, and move-out after receipt or proper notice (e.g. vacate, non-availment, or eviction) on or before the appointed date. An inspection of the tenant’s unit will be conducted by MyTown representatives in the presence of the tenant before move-out.
- Access Cards must be surrendered to the MyTown Admin Office in the basement.
- Any property left by tenants upon move-out shall be inventoried and stored for fifteen (15) days in a location/area designated by MyTown. Property failed to be claimed within the stated period shall be disposed of or given to charity upon MyTown’s discretion.
Tenants with Delinquent Accounts
- Tenants with delinquent accounts shall have their access cards de-activated and entry to the building will be prohibited until such time that the outstanding balances are settled and proof of payment is presented to My Town billing department.
- All personal belongings of tenants with delinquent accounts shall be collected from the rooms and will be properly labeled three (3) days after card de-activation. These things may be collected from the reception area once outstanding balances have been settled and proof of payment has been forwarded to My Town billing department.
- Tenants found to have assisted the entry of delinquent tenants after card de-activation, the tenants who assisted will be fined the amount equivalent to one (1) month rent.