
Best Landlord & Tenant Lawyers in Cebu City
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List of the best lawyers in Cebu City, Philippines


OBO Law

HYG Law Office & Notary Public
15 minutes Free Consultation
Cedeño Law Office

CDIT Law Offices

Gulapa Law

KVP Cabahug; Amigo- Escobar & Partners Law

Lepiten and Bojos Law Offices

Accralaw Tower

CCTDA Law
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 Cebu City, Philippines
Landlord & Tenant Law in Cebu City, Philippines governs the legal rights and responsibilities of both landlords and tenants in rental agreements. This law outlines the terms and conditions that landlords must adhere to when renting out their property and the rights that tenants have during their tenancy.
Why You May Need a Lawyer
If you find yourself in any of the following situations, it may be advisable to seek legal assistance:
- Disputes over rental agreements
- Issues related to security deposits
- Eviction notices or illegal eviction
- Violation of your rights as a tenant
- Disagreements over repairs and maintenance
Local Laws Overview
Here are the key aspects of local laws that are particularly relevant to Landlord & Tenant in Cebu City, Philippines:
- Rent Control: Cebu City does not have rent control measures in place. The landlord and tenant are free to negotiate rental prices.
- Security Deposit: Landlords may require tenants to provide a security deposit, typically equivalent to one or two months' rent. This deposit should be returned to the tenant within 15 days after the termination of the lease unless there are valid deductions for unpaid rent, damages, or other expenses.
- Notice Period for Termination: To terminate a lease, landlords or tenants must provide a written notice of at least three months before the intended termination date.
- Tenant's Rights: Tenants have the right to a habitable living environment, privacy, and peaceful possession of the property. Landlords must provide necessary repairs and maintenance.
- Eviction: Landlords may evict tenants for valid reasons such as non-payment of rent, violation of lease terms, or expiration of the lease agreement. However, an eviction must follow the proper legal process and cannot be done forcibly or without a court order.
Frequently Asked Questions
1. Can a landlord increase the rent during an existing lease?
Unless specified in the lease agreement, landlords are generally allowed to increase the rent for new lease periods. However, they must provide a written notice of at least three months before implementing any rent increase.
2. What can I do if my landlord refuses to make necessary repairs?
If your landlord neglects their responsibility to make essential repairs, you can:
3. Can a landlord forcefully evict a tenant without a court order?
No, a landlord cannot forcefully evict a tenant without a court order. If you face an illegal eviction attempt, you should immediately seek legal assistance and report the matter to the local authorities.
4. What rights do tenants have regarding privacy?
Tenants have the right to privacy and peaceful possession of the property they are renting. Landlords must obtain the tenant's consent and provide reasonable notice before entering the rented premises, except in cases of emergencies.
5. Can a tenant break a lease agreement before the termination date?
A tenant can terminate a lease agreement before the termination date if both parties mutually agree or if there are valid reasons, such as the landlord's failure to provide essential services. However, it is recommended to review the lease agreement and consult with a lawyer to understand the legal implications of breaking the lease.
Additional Resources
For further assistance and information, you may refer to the following resources in Cebu City:
- HLURB Regional Office in Cebu City: http://www.hlurb.gov.ph
- Integrated Bar of the Philippines (IBP) Cebu Chapter: https://ceb.ibp.ph
- Cebu City Housing and Urban Development Office: Contact your local government for information and guidance.
Next Steps
If you require legal assistance regarding Landlord & Tenant matters in Cebu City, Philippines, follow these steps:
- Gather all relevant documents, including your lease agreement, communication with the landlord, and any evidence of disputes.
- Research and select a qualified lawyer experienced in Landlord & Tenant law.
- Schedule a consultation with the chosen lawyer to discuss your situation and understand the legal options available to you.
- Provide all necessary information and documents to your lawyer to aid them in representing your interests effectively.
- Follow your lawyer's guidance, attend any required meetings or hearings, and maintain open communication throughout the legal process.
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.