Best Landlord & Tenant Lawyers in Iloilo City
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List of the best lawyers in Iloilo City, Philippines
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 Iloilo City, Philippines
Landlord & Tenant law in Iloilo City, Philippines, refers to the legal relationship between a property owner (landlord) and an individual or business renting or leasing the property (tenant). It governs the rights, responsibilities, and obligations of both parties throughout the tenancy period.
Why You May Need a Lawyer
While some landlord-tenant issues may be resolved amicably, there are situations where seeking legal advice is essential. You may need a lawyer if:
- Your landlord has unlawfully evicted you or is threatening to do so.
- Your landlord is not adequately maintaining the property, posing health or safety risks.
- Your landlord is unfairly withholding your security deposit.
- You have questions about your rights and obligations as a tenant.
- You are facing housing discrimination from your landlord.
Local Laws Overview
In Iloilo City, several laws regulate landlord and tenant relationships. Some key aspects include:
- The Civil Code of the Philippines: The Civil Code provides a general framework for contracts and obligations, including lease agreements.
- The Rent Control Law: This law places restrictions on rent increases and provides guidelines for lease agreements.
- The Philippine Tenancy Act: The act focuses on the regulation of agricultural tenancies, providing rights and protections for both landlords and farm tenants.
Frequently Asked Questions
1. Can my landlord restrict visitors to my rented property?
Unless specified in your lease agreement, your landlord generally cannot restrict your visitors. However, excessive or disruptive visitors may be subject to reasonable limitations.
2. Can my landlord increase the rent at any time?
Under the Rent Control Law, rent increases in Iloilo City are subject to specific regulations. Your landlord cannot increase the rent without adhering to these restrictions and giving you proper notice.
3. Can my landlord evict me without any valid reason?
No, your landlord cannot evict you without valid grounds. Some examples of valid reasons for eviction include non-payment of rent, violation of lease terms, or when the landlord reasonably needs the property for personal use.
4. How long does it take to resolve a landlord-tenant dispute through legal means?
The duration of resolving a dispute can vary greatly depending on the complexity of the case, court availability, and the parties involved. It is best to consult a lawyer to better understand the timeline specific to your situation.
5. Can I terminate a lease early without penalty?
Generally, breaking a lease before its agreed-upon term may result in penalties. However, specific circumstances, such as changes in health or job relocation, may allow for early termination without severe consequences. It is advisable to consult a lawyer to assess your situation.
Additional Resources
If you require further assistance or information regarding Landlord & Tenant law in Iloilo City, Philippines, consider accessing the following resources:
- Housing and Land Use Regulatory Board (HLURB): The HLURB is a government agency that oversees housing and land-related concerns. They provide guidance and support on landlord and tenant issues.
- Integrated Bar of the Philippines (IBP) Iloilo City Chapter: The IBP chapter in Iloilo City can connect you with lawyers who specialize in landlord and tenant law.
Next Steps
If you find yourself in need of legal assistance regarding Landlord & Tenant matters in Iloilo City, Philippines, follow these steps:
- Collect all relevant documents, such as the lease agreement, notices, and evidence related to the issue.
- Research and choose a reliable lawyer specializing in Landlord & Tenant law.
- Contact the chosen lawyer to schedule a consultation or appointment.
- Prioritize clear communication and provide all necessary details to the lawyer for them to assess your case effectively.
- Cooperate with your lawyer throughout the legal process, adhering to their advice and guidance.
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.