Best Landlord & Tenant Lawyers in Marikina City
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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 recososalawfirm@gmail.com.We 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 SJLawExperts@gmail.com. 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 Marikina City, Philippines:
Landlord & Tenant law in Marikina City, Philippines governs the rights and responsibilities of both landlords and tenants in rental agreements. These laws cover issues such as rental payments, eviction procedures, maintenance of the property, and more. Understanding these laws is essential for both landlords and tenants to ensure a smooth and fair rental experience.
Why You May Need a Lawyer:
You may need a lawyer specializing in Landlord & Tenant law in Marikina City, Philippines in various situations such as disputes over rental payments, lease agreements, tenant rights, property damages, eviction proceedings, and more. A lawyer can provide legal advice, represent you in court if needed, and ensure that your rights are protected under the law.
Local Laws Overview:
In Marikina City, Philippines, the Rent Control Act of 2009 regulates the relationship between landlords and tenants. This law sets limits on rental increases, outlines eviction procedures, and establishes the rights and responsibilities of both parties. Additionally, Marikina City has local ordinances that may further regulate landlord and tenant relationships, so it is crucial to be familiar with these laws when renting or leasing property in the city.
Frequently Asked Questions:
1. Can a landlord increase rent anytime in Marikina City?
No, landlords in Marikina City are subject to the Rent Control Act of 2009, which sets limitations on rent increases. A landlord can only increase rent once every two years and must follow the guidelines outlined in the law.
2. What are a tenant's rights in Marikina City?
Tenants in Marikina City have the right to a safe and habitable living environment, privacy, and protection against unfair eviction. They also have the right to withhold rent if the landlord fails to make necessary repairs or maintain the property.
3. How can a tenant terminate a lease in Marikina City?
A tenant can terminate a lease in Marikina City by providing written notice to the landlord within the specified period as per the rental agreement. It is advisable to consult a lawyer to ensure that the termination is done in accordance with the law.
4. Can a landlord evict a tenant without cause in Marikina City?
No, landlords in Marikina City cannot evict a tenant without a valid reason, such as non-payment of rent, violation of the lease agreement, or other legal grounds. The landlord must follow the proper eviction procedures as outlined in the Rent Control Act of 2009.
5. What steps can a landlord take if a tenant fails to pay rent in Marikina City?
If a tenant fails to pay rent in Marikina City, the landlord can issue a demand letter, file an unlawful detainer case in court, and seek eviction of the tenant. It is essential to follow the legal process to avoid any potential disputes.
6. Are security deposits refundable in Marikina City?
Yes, security deposits in Marikina City are typically refundable, subject to deductions for unpaid rent, damages beyond normal wear and tear, and other legitimate expenses. The landlord must provide the tenant with an itemized list of deductions within a specified period after the lease ends.
7. Can a tenant sublease the property in Marikina City?
Whether a tenant can sublease the property in Marikina City depends on the terms of the lease agreement. Some agreements may prohibit subleasing without the landlord's consent, while others may allow it with certain conditions. It is advisable to review the lease agreement and seek legal advice if needed.
8. How can a tenant report maintenance issues to the landlord in Marikina City?
A tenant can report maintenance issues to the landlord in writing, specifying the problem and requesting repairs within a reasonable time frame. If the landlord fails to address the issue, the tenant can seek legal advice or contact the local housing authority for assistance.
9. Can a landlord enter the rental property without the tenant's consent in Marikina City?
In Marikina City, landlords are generally required to give the tenant reasonable notice before entering the rental property for inspections, repairs, or other legitimate reasons. It is essential for landlords to respect the tenant's privacy rights and follow the rules outlined in the lease agreement.
10. What are the rights of a landlord if a tenant damages the property in Marikina City?
If a tenant damages the property in Marikina City, the landlord has the right to withhold all or part of the security deposit to cover the repair costs. The landlord can also pursue legal action against the tenant to recover additional damages if necessary. It is advisable to document the damages and seek legal advice to ensure a fair resolution.
Additional Resources:
For legal assistance and advice on Landlord & Tenant issues in Marikina City, Philippines, you can contact the Marikina City Housing Office or consult with a local real estate lawyer specializing in landlord-tenant law. The Housing and Land Use Regulatory Board (HLURB) can also provide information and guidance on rental laws and regulations in Marikina City.
Next Steps:
If you require legal assistance or have specific questions about Landlord & Tenant law in Marikina City, Philippines, it is recommended to seek advice from a qualified lawyer who can provide personalized guidance based on your situation. Remember to familiarize yourself with local laws and regulations to protect your rights as a landlord or tenant in Marikina City.
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.