Best Landlord & Tenant Lawyers in Bacolod City
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Philippines Landlord & Tenant Legal Questions answered by Lawyers
Browse our 3 legal questions about Landlord & Tenant in Philippines and the lawyer answers, or ask your own questions for free.
- Can a lessor terminate our contract of lease because he changed his mind?
- Good day from Recososa Law Firm!Based on your account, the unilateral termination of the lease by the lessor despite a binding agreement until 2035 is not legally justified under Philippine law. Even if the contract does not mention the underlying debt, the lease agreement itself is a valid and enforceable contract under Article 1305 of the Civil Code, which defines a contract as a meeting of minds between two persons whereby one binds himself to give something or to render some service.a.) Under Article 1306 of the Civil Code, parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Since the lease contract clearly states a fixed term and rental rate, the lessor cannot simply revoke it at will due to a change of mind. Any attempt to do so may constitute breach of contract.b.) Even if the lease served to compensate for the unpaid debt, the contract remains valid and binding unless it is shown that consent was vitiated by fraud or mistake. Your rights as a lessee are further protected by Article 1673 of the Civil Code, which limits the grounds for judicial ejectment. None of those grounds include the lessor’s change of intent.c.) In your case, you may file an action for specific performance with damages or an injunction to restrain the lessor from unlawfully evicting you. Since the lease is for a definite period, you have the right to enjoy peaceful possession of the property until 2035. The law on contracts upholds the principle of mutuality, meaning one party cannot revoke the obligation without valid cause.d.) If the lessor forcibly takes steps to evict you, you may also consider filing an action for injunction or even unlawful detainer if possession is disturbed, and you may claim for actual damages and attorney’s fees under Article 2201 of the Civil Code.We strongly advise that you hire us so we can carefully examine your lease contract and file the necessary legal remedies to protect your tenancy rights and enforce the long-term lease agreement. We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are prepared to assist you in asserting and protecting your legal rights.
- Is the agent involve when tenant didn't return the key on time due to some circumstances after the contract?
- **SJ Law Experts, Islamabad**All matters related to U.S. Immigrant Visa Petitions, USCIS Petition, USCIS Waiver Petition, USCIS Motion, U.S. Returning Resident Visa (SB-1 Visa), U.S. Nonimmigrant Visas, Canada, UK and Schengen States Visa applications and Family Law, Property Law or Corporate Law: Contact SJ Law Experts, Islamabad or Call /WhatsApp at +92 335-411-2288 and email at [email protected]. For more information, visit our Website: www.SJLawExperts.com.Thank youSJ Law Experts, Islamabad [Advocates, Legal Advisors & Immigration Lawyers]
- Concern About Land Ownership and Payment Collection
- Text me on WhatsApp: +38970704335I can help you!Regards,Svetislav Stojanoski, attorney at law
About Landlord & Tenant Law in Bacolod City, Philippines
Landlord and tenant law in Bacolod City, Philippines, falls under the broader spectrum of property law in the country. It primarily governs the rental agreements between landlords, who own property, and tenants, who lease it. These laws are intended to safeguard the interests of both parties and ensure fair and equitable transactions regarding rental properties. In Bacolod City, as in much of the Philippines, these laws cover aspects such as rental payment agreements, tenant rights, eviction processes, and maintenance responsibilities.
Why You May Need a Lawyer
Engaging a lawyer for landlord and tenant issues can be crucial for several reasons:
- Dispute Resolution: Disagreements regarding rent increases, security deposits, and maintenance issues can benefit from legal mediation or representation.
- Eviction Proceedings: Legal representation can be necessary when facing or enforcing eviction to ensure compliance with legal procedures.
- Lease Agreements: Drafting or reviewing lease agreements to ensure that they are fair, legal, and overlook no important detail.
- Illegal Actions: Address situations such as illegal evictions or breaches of lease terms.
- Property Damage Claims: Handle disputes related to property damage and the corresponding liabilities.
Local Laws Overview
In Bacolod City, the key aspects of landlord and tenant law are guided by the provisions of Republic Act No. 9653, commonly known as the Rent Control Act of 2009, as well as other municipal ordinances. Important things to note include:
- Rent Control: The Rent Control Act regulates the amount by which landlords can increase rent each year, especially for units renting for under a specified amount.
- Security Deposits: Typically, landlords can ask for a deposit equivalent to one or two months' rent, which should be returned within one month after the lease's end minus valid deductions.
- Notice Periods: There are stipulated notice periods for ending tenancies or increasing rent, generally requiring at least 30 days' notice.
- Eviction Process: Legal grounds must be cited for eviction, such as non-payment of rent or breach of lease terms, and proper legal proceedings must be followed.
Frequently Asked Questions
What is the typical rental term for leases in Bacolod City?
Most leases are set for one-year terms, though shorter agreements can also be negotiated depending upon the landlord and the tenant's needs.
Can landlords increase rent whenever they like?
No, rental increases are subject to regulation under the Rent Control Act, and increases typically require a 30-day notice.
What are my rights if my landlord decides to evict me?
Tenants have the right to receive proper notice and legal cause for eviction. Landlords must follow the eviction process as mandated by law.
Can I deduct repair costs from my rent if the landlord doesn't fix a problem?
Tenants can potentially withhold a portion of rent after giving the landlord a reasonable chance to make repairs, but it's advisable to seek legal counsel before doing so.
Is a verbal lease agreement enforceable?
While verbal agreements can be legally binding, it is always preferable to have a written lease to avoid disputes over terms.
What should I do if my landlord unlawfully evicts me?
You should seek legal counsel immediately. An illegal eviction violates tenant rights and can be challenged in court.
Are utilities typically included in rent in Bacolod City?
It varies. Utilities may be included or may be billed separately depending on the terms agreed upon in the lease.
How much security deposit can a landlord require?
The common practice is to ask for a security deposit equal to one or two months’ rent, though this can vary.
When can a landlord enter the rental property?
Landlords should provide notice and should only enter for legitimate reasons such as repairs or inspections, unless it's an emergency.
How do I report a landlord for breaking the law?
Tenants who face violations of law can file complaints with local housing authorities or seek legal assistance.
Additional Resources
Individuals seeking more information on landlord and tenant law in Bacolod City can contact local governmental bodies such as the Housing and Land Use Regulatory Board (HLURB). Additionally, local nonprofit organizations may provide mediation services or legal advice and should be consulted when disputes arise.
Next Steps
If you need legal assistance regarding a landlord and tenant issue, consider contacting a local attorney specializing in property law. Preparing relevant documents, such as your lease agreement and any correspondence with the landlord, is crucial. You may also visit the local court or legal aid office in Bacolod City to seek preliminary guidance or file necessary paperwork if needed. It's always beneficial to act promptly to protect your interests.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.