The Agreement For Security Deposit is a crucial document in Philippine property transactions, designed to protect both property owners and tenants by clearly documenting the terms of security deposit arrangements. This agreement is essential when establishing new lease relationships or formalizing existing ones, ensuring compliance with Philippine legislation including the Rent Control Act of 2009 and the Civil Code. The document specifies the deposit amount (which for residential properties cannot exceed two months' rent), details the conditions for holding and returning the deposit, outlines permissible deductions, and establishes dispute resolution procedures. It's particularly important in both residential and commercial contexts, where significant sums may be involved and clear documentation is essential for preventing future disputes.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and contact details of both the depositor and the recipient of the security deposit
2. Background: Context of the agreement, referring to the main lease or rental agreement this security deposit relates to
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Security Deposit', 'Property', 'Lease Agreement', etc.
4. Amount and Payment of Security Deposit: Specification of the security deposit amount, payment method, and timing, ensuring compliance with the two-month maximum limit under RA 9653
5. Purpose and Scope: Detailed explanation of what the security deposit covers and protects against
6. Holding of Deposit: Details of how and where the deposit will be held, including any interest-bearing arrangements
7. Conditions for Deduction: Specific circumstances under which deductions can be made from the security deposit
8. Return of Deposit: Terms and conditions for the return of the deposit, including timeline and process
9. Dispute Resolution: Process for resolving any disputes related to the security deposit
10. Governing Law: Statement that the agreement is governed by Philippine law and specific applicable regulations
1. Interest Earnings: Details of interest earned on the deposit and its distribution, if the deposit is placed in an interest-bearing account
2. Property Inspection: Process for initial and final property inspections, particularly relevant for rental property deposits
3. Assignment and Transfer: Terms regarding the transfer or assignment of rights under the agreement, relevant when property ownership may change
4. Insurance Requirements: Additional insurance requirements related to the security deposit, if applicable
5. Early Termination: Provisions for handling the security deposit in case of early termination of the main agreement
6. Multiple Parties: Additional provisions for cases where multiple parties are contributing to the security deposit
1. Schedule A - Payment Details: Detailed breakdown of the security deposit amount, payment schedule, and bank account details
2. Schedule B - Property Inventory: Detailed inventory of the property condition at the time of deposit (for rental properties)
3. Schedule C - Deduction Schedule: List of potential deductions and their standard costs
4. Appendix 1 - Property Inspection Form: Standard form for recording property condition during inspections
5. Appendix 2 - Deposit Return Form: Standard form for processing the return of the security deposit
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