In the city of , ____________, ____________, the ______ (day) ____________ (month) __________________ 200 ____, before the presence of the witnesses who sign at the end of this document, appeared by one side, ________________________ “THE LESSOR”, and __________________ “THE TENANT”, in majority, able to agree and obligate themselves and they said that is their will, free of any coercion, to celebrate this lease agreeement, which is subject to the following
CLAUSES
First. “THE LESSOR” gives in lease and “THE TENANT” receives as such concept, in perfect conditions of use and at his/her/their whole satisfaction, the following real state ______________________________, which will be exclusively for COMMERCIAL SITE.
Second. The duration of this contract will be of ____________ months, as it takes legal effects the ______ (day) ______ (month) 200 ____, ending the ______ (day) ______(month) 200 ____; so in the expiration date, “THE TENANT” shall return the possession of the real state object of this agreement in the lame good condition that he/she/they received it, with its improvements and accessions, to “THE LESSOR”. “THE TENANT” expressly renounces to the right of prorogation under to the article 2051 of Civil Code in the state of Jalisco.
Third. “THE TENANT” shall pay as lease the amount of $ __________________ to the “THE LESSOR”, plus the tax called impuesto al valor agregado (tax on value-added) during the whole force of this agreement, it means, by the period between the ______ (day) ______ (month) 199 ___ to the ______ (day) ______ (month) 200 ___; this amount shall be paid in advance ______ monthly payments the days ______ of each month, by the value of $ ____________ each one, plus the tax called impuesto al valor agregado (tax on value-added) in “THE LESSOR” address that is: ________________________. Notwithstanding the aforesaid, during the force of this agreement, the lease shall increase each six months according to Indice Nacional de Precios al Consumidor (National Price Index) pointed out by el Banco de México (Mexican Central Bank) for the previous last semester in the lease of real states item and for the Center North region.
If “THE TENANT” does not return the real state without “THE LESSOR” authorization at the end of the force of this agreement, situation that will be valid only if the parties celebrate a new written agreement, during this time he/she/they will pay as lease concept in advance monthly payments and in the address pointed out in the first paragraph of this clause the amount of $ __________________, each month, plus the tax called impuesto al valor agregado (tax on value-added), which shall be increased each semester in the terms pointed out in the first paragraph of this clause. This lease amount does not implicate a penalty for “THE TENANT” as it is only a lease amount agreed in advance in case of the above mentioned hypothesis. In other case this lease amount shall be demanded too during the corresponding eviction proceedings.
Fourth. If “THE TENANT” does not vacate the real state leased and he/she/they do not give back it at the end of the force of this agreement to “THE LESSOR”, he/she/they shall pay a penalty equal to 100% of the lease amounts that had to be paid during the force of this agreement and this situation does not implicate the prorogation or renewal of this agreement. This penalty will be effective only in the delay of the return of the real state leased and it is apart from the lease amount stated in the Third clause.
Fifth. All the reparations, mending and replacements of glasses that are needed in the real state leased during the force of this agreement shall be paid by “THE TENANT”; in conclusion, “THE TENANT” will be responsible for the reparations of the damages that he/she/they made during the force of this agreement at the moment of vacating the real state leased; “THE LESSOR” shall be responsible for the latent defects of the leased property.
Sixth. In case that “THE TENANT” delays in the partiality monthly payments agreed in order to pay the total lease payment established in the time and place agreed in this contract, he/she/they shall pay an interest of 6% six percent each month on the amounts that he/she/they do not pay on time to “THE LESSOR”, from the date that these amounts should be paid until the date he/she/they really pay them and the payments on account, if they are accepted by “THE LESSOR”, will be firstly added to the interests and then to the principal, according to the article 1609 of the Civil Code in the state.
Seventh. The consumption of electric energy, water and the use of telephone and the payments done to the Neighbors Meeting or Neighbors Association in relation with the real state leased, will be paid by “THE TENANT”. At the moment to vacate the real state leased, “THE TENANT” shall demonstrate with the necessary papers the fulfillment of these payments to “THE LESSOR”. The electric energy service will be contracted by “THE TENANT” on his/her/their own name before the corresponding offices and he/she/they shall finish the respective contract when he/she/they vacate(s) the leased real state.
Eighth. “THE TENANT” gives as a deposit to “THE LESSOR” who receive it when he signs this agreement, the amount of $ __________________, in order to guarantee the payment of the lease, the penalty, the services above mentioned in the Seventh clause and damages made to the leased real state. This amount without interests will be returned by “THE LESSOR” to “THE TENANT”, one the last person mentioned has vacated the real state object of this agreement, “THE LESSOR” has received in conformity the aforesaid real state and previous demonstration of the fulfillment of the lease payments and all of the services mentioned in the above clause, as well as all the legal consequences derived from the obligations of “THE TENANT” agreed in this contract. If any of these concepts are not totally paid, as well as the penalty agreed, the amount deposited shall be applied to the payment of those concepts and if there is any difference in favor of “THE TENANT”, this money will be back to him. However, if there is any amount due by “THE TENANT”, “THE LESSOR” will claim it by separate according to the law. The deposit referred in this clause will increase each time and in the same proportion or percentage in which the lease payment increases, in order to always have as a warranty an amount equal to ______ months of lease payment in force. This adjustment shall be done within the following five natural days to the increase of the lease payments. If “THE TENANT” is in arrears in this concept, he/she/they shall pay interests according to the terms of the Sixth clause.
In case that “THE TENANT” wants to terminate on advance the force of this agreement, it is agreed that he/she/they have/has the obligation to pay the total of the lease payments mentioned in the Third clause of this contract to “THE LESSOR” according to the article 2010, part I and II of Civil Code in the state. This situation is apart from “THE TENANT” obligation of doing the payments of the services established in the Seventh clause.
Ninth. “THE TENANT” receives the leased real state with electrical and hydraulic installations and all the services in a proper form. Any damage or breaking shall be paid by “THE TENANT”.
Tenth. “THE TENANT” renounces to the right of preferente established in the article 2025 of the Civil Code in the state of Jalisco, in case that at the expiration of this agreement “THE TENANT” pretends still leasing the mentioned real state. He/she/they renounce(s) to the right of preference established in the article 2026 of the aforesaid Civil Code, in case that “THE LESSOR” wants to sell the leased real state.
Eleventh. “THE TENANT” shall show the Surety Bond issued by ____________ to “THE LESSOR” in which the mentioned Bond Company obligates itself to pay, in case that “THE TENANT” is in arrears of the lease payments, interests, taxes, services and all considerations agreed in this contract.
Twelfth. This agreement may be rescinded if:
a) If “THE TENANT” designates a different purpose to the leased real state from the one established in the First clause.
b) If “THE TENANT” does not pay the lease payments, increases and interests in the form and terms established in the Third clause during two consecutive months.
c) If “THE TENANT” changes the leased real state, even to improve its character without the previous written consent given by “THE LESSOR”.
d) If “THE TENANT” keeps, preserves or has explosive or inflammable materials inside the real state.
e) If “THE TENANT” has animals inside the leased real state.
f) If “THE TENANT” is against the moral, decency and good customs.
g) If “THE TENANT” makes damages to the leased real state.
h) If “THE TENANT” does not pay in advance the water service of the leased real state.
i) If “THE TENANT” subleases, transfers the leased real state or assigns the rights of this agreement, as well as the accessions and improvements done to the leased real state.
j) If he/she/they do/does not show the policy mentioned in the Eleventh clause within the following ten natural days after the sign of this agreement.
k) If “THE TENANT” gives reason to the rescission of this agreement as he/she/they incur(s) in any of the above mentioned causes, law causes of rescission and he/she/they do/does not pay in time the lease payments, in the place and time agreed, will be enough to demand the payment of the penalty agreed in the Fourth clause, which will take effect only with the delay of the obligation performance and these effects are from the date in which he/she/they had done the violation or respective failure.
Thirteenth. “THE TENANT” shall be responsible of the expenses and Attorney Fees originated from any trial in relation with the interpretation or performance of this agreement, in judicial or extrajudicial way.
Fourteenth. “THE TENANT”, except el impuesto predial (real state tax) and impuesto sobre la renta (income tax) that shall be paid by “THE LES SOR”, shall pay all the expenses and taxes that are originated by the performance of this agreement.
Fifteenth. ___________________________________ who also is present at the execution of this agreement constitutes himself/herself/themselves in “GUARANTOR” of “THE TENANT” in favor of “THE LESSOR”. “THE GUARANTOR” is jointly and together obligated to the fulfillment of all and each of the obligations herein granted by “THE TENANT” so the “GUARANTOR” becomes direct debtor of “THE LESSOR” and he expressly renounces to the benefits of priority, discussion and division, referred in the articles 2425, 2433 and 2437 of the Civil Code of the state of Jalisco. “THE GUARANTOR” accepts that his/her obligation shall be in force for the duration of “THE TENANT’S” obligation, until the devolution and delivery of the real property leased and the full payment of the lease, interests, taxes and all the consequences established in this agreement, renouncing to the benefit established in the articles 2143, third paragraph, 2460 and 2460 of the Civil Code of the state of Jalisco.
“THE GUARANTOR” says, UNDER PROTEST OF SAYING THE TRUTH that they/he/she is/are owner of the following real state: _____________________, that is free of any encumbrance and accepts to warrant with that property the fulfillment of the obligations granted in this contract. He/she/they is/are also obligated not to _____________________ until “THE TENANT” vacates the leased property and pays the full debt to “THE LESSOR”. In case of default, “THE GUARANTOR” shall be penalized according to the Penal Code of the state of Jalisco and shall pay all the damages caused to “THE LESSOR”, and all the consequences that shall have repercussions according to the applicable laws.
Sixteenth. The parties hereto select the jurisdiction and competente of the courts of _______________ , waiving any venue privilege to which the parties may be entitled because of their domiciles or for any other reason.
Seventeenth. For any notice regarding to this agreement, the parties point out the following addresses:
“THE LESSOR”: _________________________________________________
“THE TENANT”: _________________________________________________
“THE GUARANTOR”: ____________________________________________
Eighteenth. The leased property has the following telephone lines: ______________, hat belong to “THE LESSOR”, so the payment for that service, during the force of this agreement shall be done by “THE TENANT”, who at the termination of the same shall demonstrate that he has paid that service, accepting that the deposit shall be given back to him two months later, to verify that there is not any charge against him for the use of the telephone lines. If the telephone lines are cancelled for considerations imputable to “THE TENANT”, he /she/they shall restitute them to “THE LESSOR” by the payment of the necessary amount for the contract of new lines with TELEFONOS DE MEXICO S.A. DE C. V., at the price established at the moment of the contract of the new lines.
Nineteenth. The parties declare that they recognize the character of each other for the execution of this agreement, as it has been duly justified to their satisfaction.
Twentieth. “THE TENANT” is obligated to subject himself/herself/themselves to the ecological and city development established in the laws, renouncing to the benefit established in the second paragraph of the article 2052 of the Civil Code of the state.
The parties read this agreement aloud and they were informed of the significance and legal value of the same, they agree with its content and sign it to prove its acceptance.
“THE TENANT” “THE LESSOR”
_____________________ _____________________
“THE GUARANTOR”
_____________________
“WITNESS” “WITNESS”
_____________________ _____________________
