Best Landlord & Tenant Lawyers in Cagayan de Oro
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List of the best lawyers in Cagayan de Oro, Philippines
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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 Cagayan de Oro, Philippines:
Landlord and tenant laws in Cagayan de Oro, Philippines govern the rights and responsibilities of both landlords and tenants in rental agreements. These laws cover issues such as rent payments, maintenance and repairs, eviction procedures, and security deposits.
Why You May Need a Lawyer:
You may need a lawyer for landlord and tenant issues if you are facing eviction, have questions about your rights as a tenant, need help negotiating a rental agreement, or if you are experiencing landlord-tenant disputes that require legal intervention.
Local Laws Overview:
Key aspects of landlord and tenant laws in Cagayan de Oro, Philippines include regulations on security deposits, notice periods for eviction, lease agreements, and procedures for resolving disputes between landlords and tenants.
Frequently Asked Questions:
1. Can a landlord increase rent anytime they want?
No, landlords must provide proper notice before increasing rent, as outlined in the rental agreement or local laws.
2. What rights do tenants have regarding repairs and maintenance?
Tenants have the right to live in a habitable property and landlords are responsible for maintaining the property in a safe and sanitary condition.
3. How much notice must a landlord give before evicting a tenant?
Landlords in Cagayan de Oro must give tenants a written notice at least 30 days before initiating eviction proceedings.
4. Can a landlord withhold a security deposit for any reason?
Landlords can only withhold a security deposit for specific reasons outlined in the lease agreement, such as unpaid rent or damages beyond normal wear and tear.
5. Can a tenant sublease their rental unit to someone else?
It depends on the terms of the lease agreement. In some cases, tenants may sublease with the landlord's consent.
6. What should I do if my landlord refuses to make necessary repairs?
You may have the right to withhold rent, repair the issue yourself and deduct the cost from rent, or report the landlord to the proper authorities.
7. Can a landlord enter the rental property without permission?
Landlords must provide notice to tenants before entering the rental property, except in cases of emergency.
8. What are the procedures for resolving landlord-tenant disputes?
Disputes can be resolved through negotiation, mediation, or by filing a complaint with the appropriate government agency.
9. Are there any restrictions on the reasons for evicting a tenant?
Landlords can only evict tenants for specific reasons outlined in the law, such as non-payment of rent or violation of lease agreements.
10. Can a landlord refuse to rent to someone based on their race, religion, or other protected characteristics?
No, landlords cannot discriminate against potential tenants based on protected characteristics under the law.
Additional Resources:
For more information on landlord and tenant laws in Cagayan de Oro, Philippines, you may contact the Housing and Land Use Regulatory Board (HLURB) or seek assistance from legal aid organizations such as the Integrated Bar of the Philippines (IBP).
Next Steps:
If you require legal assistance with landlord and tenant issues in Cagayan de Oro, Philippines, it is recommended to consult with a qualified lawyer who specializes in real estate law. They can provide you with guidance on your rights and help you navigate any legal challenges you may face as a landlord or tenant.
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.