Best Landlord & Tenant Lawyers in Lipa City
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List of the best lawyers in Lipa City, 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 Lipa City, Philippines:
Landlord & Tenant law in Lipa City, Philippines governs the rights and responsibilities of both landlords and tenants in rental agreements. It covers issues such as lease agreements, rent payment, property maintenance, eviction procedures, and security deposits.
Why You May Need a Lawyer:
You may need a lawyer in Landlord & Tenant matters in Lipa City if you are facing issues such as lease disputes, eviction proceedings, security deposit conflicts, or property damage disagreements. A lawyer can help you understand your rights, provide legal advice, negotiate settlements, and represent you in court if necessary.
Local Laws Overview:
Key aspects of Landlord & Tenant laws in Lipa City include requirements for written lease agreements, limitations on rent increases, procedures for eviction, rules for security deposits, and regulations on property maintenance. It is important to familiarize yourself with these laws to protect your rights as a landlord or tenant.
Frequently Asked Questions:
1. Can a landlord increase the rent anytime?
No, landlords in Lipa City can only increase rent once a year, with written notice to the tenant at least one month before the increase takes effect.
2. What are the rights of tenants regarding property maintenance?
Tenants have the right to live in a safe and habitable property. Landlords are responsible for maintaining the property and making necessary repairs.
3. How can a tenant terminate a lease agreement early?
A tenant can terminate a lease agreement early by giving written notice to the landlord, typically 30 days in advance, and paying any applicable penalties as per the lease agreement.
4. Can a landlord enter the rental property without permission?
A landlord must give reasonable notice to the tenant before entering the rental property, except in cases of emergency.
5. What is the procedure for evicting a tenant in Lipa City?
Landlords must follow the legal process for eviction, which includes giving written notice to the tenant, filing a case in court, and obtaining a court order for eviction.
6. Can a tenant withhold rent for repairs?
A tenant may be able to withhold rent for necessary repairs if the landlord fails to make the repairs within a reasonable time after being notified in writing.
7. Are there any restrictions on security deposits in Lipa City?
Landlords are limited in the amount they can collect as a security deposit, typically not more than two months' rent. The security deposit must be returned to the tenant within 15 days of the end of the lease.
8. What are the responsibilities of a landlord regarding property insurance?
Landlords are responsible for insuring the rental property against damage or loss due to fire, natural disasters, and other unforeseen events. Tenants are typically not required to obtain their own insurance.
9. Can a landlord evict a tenant without cause?
Landlords in Lipa City cannot evict a tenant without a valid reason, such as non-payment of rent, violation of lease terms, or expiration of the lease agreement.
10. What can a tenant do if their landlord refuses to return the security deposit?
If a landlord refuses to return the security deposit without valid reason, the tenant can file a complaint with the local barangay or pursue legal action in court to recover the deposit.
Additional Resources:
For more information on Landlord & Tenant laws in Lipa City, you can contact the Lipa City Hall, Barangay offices, or seek assistance from the Housing and Land Use Regulatory Board (HLURB).
Next Steps:
If you are facing legal issues related to Landlord & Tenant in Lipa City and need legal assistance, it is recommended to consult with a qualified lawyer who specializes in real estate law. They can provide you with legal advice, help you understand your rights, and represent your interests in any legal proceedings.
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.