Best Landlord & Tenant Lawyers in Dasmarinas
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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 Dasmarinas, Philippines:
Landlord & Tenant law in Dasmarinas, Philippines governs the relationship between property owners (landlords) and renters (tenants). This includes the rights and responsibilities of both parties, as well as the procedures for resolving disputes.
Why You May Need a Lawyer:
You may need a lawyer if you are facing issues such as eviction, non-payment of rent, maintenance disputes, or lease violations. A lawyer can help you understand your rights, represent you in court, negotiate with the other party, and ensure that your interests are protected.
Local Laws Overview:
Key aspects of local laws in Dasmarinas, Philippines include regulations on security deposits, rent increases, eviction procedures, and maintenance responsibilities. It is important to be familiar with these laws to avoid legal problems and protect your rights as a landlord or tenant.
Frequently Asked Questions:
1. Can a landlord evict a tenant without cause?
In Dasmarinas, Philippines, a landlord can only evict a tenant for valid reasons such as non-payment of rent, lease violations, or other breaches of the rental agreement.
2. How much can a landlord increase rent by?
Landlords in Dasmarinas are allowed to increase rent, but the amount and frequency of these increases are regulated by law. Typically, rent increases must be reasonable and follow specific guidelines.
3. What are the tenant's rights regarding security deposits?
Tenants have the right to receive a detailed receipt for their security deposit, as well as the right to get the deposit back in full at the end of the lease term, minus any deductions for damages or unpaid rent.
4. Can a tenant withhold rent for maintenance issues?
In some cases, a tenant may be able to withhold rent if the landlord fails to address significant maintenance issues that affect the habitability of the rental property. However, this should be done in accordance with the law to avoid legal consequences.
5. What should I do if my landlord is trying to evict me illegally?
If you believe that your landlord is trying to evict you illegally, you should seek legal advice immediately. A lawyer can help you understand your rights and options for challenging the eviction.
6. Can a landlord enter the rental property without permission?
A landlord can only enter the rental property with the tenant's permission or in case of emergency. Otherwise, the landlord must provide advance notice and have a valid reason for entering the property.
7. What can I do if my landlord is not making necessary repairs?
If your landlord is not addressing necessary repairs that affect the habitability of the rental property, you may have legal options such as withholding rent, repairing the issue yourself and deducting the cost from rent, or seeking legal action against the landlord.
8. Are there any restrictions on the lease terms that landlords can impose?
Landlords in Dasmarinas, Philippines are prohibited from including unfair or discriminatory terms in the lease agreement. This includes clauses that violate tenant rights or impose burdensome conditions on tenants.
9. Can a landlord terminate a lease before its expiration date?
A landlord can terminate a lease before its expiration date under certain circumstances, such as non-payment of rent, lease violations, or breach of the rental agreement. However, the landlord must follow the legal procedures for eviction.
10. How can I resolve a dispute with my landlord or tenant without going to court?
You can try to resolve a dispute with your landlord or tenant through negotiation, mediation, or arbitration. These alternative dispute resolution methods can help you reach a mutually acceptable solution without the need for a court case.
Additional Resources:
For more information and assistance with Landlord & Tenant issues in Dasmarinas, Philippines, you can contact the Department of Human Settlements and Urban Development or seek help from legal aid organizations such as the Legal Services Corporation.
Next Steps:
If you require legal assistance with Landlord & Tenant matters in Dasmarinas, Philippines, it is recommended to consult with a qualified lawyer who specializes in real estate law. A lawyer can help you understand your rights, navigate the legal process, and protect your interests in any disputes or conflicts with your 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.