Best Landlord & Tenant Lawyers in Naga
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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 Naga, Philippines
Landlord and tenant law in Naga, Philippines refers to the legal rules and regulations that govern the rental of residential and commercial properties between property owners (landlords) and renters (tenants). These laws are primarily guided by the Civil Code of the Philippines, the Rent Control Act (Republic Act No 9653), and various local ordinances enacted by the City of Naga. The aim is to balance the rights and duties of both landlords and tenants to ensure fair and peaceful relationships.
Rental agreements outline the terms of occupancy, payment of rent, deposits, maintenance obligations, and procedures for resolving disputes. Both parties are expected to fulfill their contractual obligations, but complications can arise if there are misunderstandings or violations of the law. In such cases, legal advice may be crucial to protect your rights or resolve conflicts.
Why You May Need a Lawyer
While many rental relationships proceed smoothly, some situations call for legal assistance. Common reasons to consult a lawyer in Naga regarding landlord and tenant issues include:
- Eviction proceedings when a tenant has not complied with the terms of the lease or local laws
- Non-payment or delayed payment of rent
- Disputes over security deposits and deductions
- Questions about rental agreements, especially unclear or unfair contract terms
- Unlawful entry or harassment by a landlord
- Failure of a landlord to provide essential repairs or maintenance
- Subletting and landlord approval concerns
- Early termination of the lease by either party
- Concerns over rent increases and compliance with rent control regulations
- Issues related to the return of deposits after the end of the lease
A lawyer can help evaluate your situation, explain your rights, assist with negotiations, and represent you in legal proceedings if necessary.
Local Laws Overview
Naga City, like the rest of the Philippines, follows the Civil Code provisions regarding lease contracts. However, specific rules and ordinances may also apply locally. Here are key aspects relevant to landlord and tenant relationships:
- Rent Control Act: Republic Act No 9653 or the Rent Control Act limits how much landlords can increase rent for certain residential units each year, depending on the rent amount and the type of unit.
- Written Agreements: It is recommended that leases be in writing to avoid misunderstandings, though verbal agreements are still enforceable if terms can be proven.
- Security Deposits: Landlords typically collect a security deposit equivalent to one or two months’ rent, which must be returned to the tenant at the end of the lease minus any lawful deductions for repairs or unpaid dues.
- Right to Privacy: Landlords must provide notice before entering the rented property, except in emergencies.
- Eviction Process: Closely regulated by law, eviction requires formal notice and valid grounds, such as non-payment of rent, subletting without permission, or using the property for unlawful means. Forced eviction or harassment is illegal.
- Term of Lease: Unless indicated otherwise, leases for urban land are generally presumed to be for one year, renewable upon agreed terms.
- Local Ordinances: Naga City may have its own specific provisions regarding housing standards, rental permits, and tenant protections, so it is wise to verify with city authorities or legal experts locally.
Frequently Asked Questions
What should be included in a rental agreement in Naga?
A rental agreement should specify the names of the parties, the property address, the amount and due date of rent, the length of the lease, security deposit terms, responsibilities for maintenance and repairs, and conditions for termination or renewal.
Is a verbal rental agreement valid in the Philippines?
Yes, verbal rental agreements are valid, but written agreements are strongly recommended to avoid future disputes and to clearly document rights and obligations.
How much can my rent be increased in Naga?
The Rent Control Act limits increases to a maximum of seven percent per year for certain types of residential units. Exemptions and specifics depend on the current rent amount and property type. Commercial properties may not be covered by these limits.
What can a landlord deduct from my security deposit?
Landlords may deduct the cost of unauthorized damages (beyond normal wear and tear), unpaid utilities, or overdue rent. They cannot withhold the deposit for normal wear and tear.
How much notice must a landlord give before evicting a tenant?
A landlord must give at least three days’ written notice for non-payment of rent or violation of lease terms before filing for eviction. However, a court order is needed to lawfully evict a tenant.
What are my rights if my landlord refuses to make repairs?
You may request repairs in writing. If urgent repairs are not made, you may complete the repairs and deduct the cost from your rent upon proof. If the property becomes uninhabitable, you may also have grounds to terminate the lease.
Can I sublet my rental unit?
You may only sublet with the express consent of the landlord, unless this right is included in your agreement. Unauthorized subletting may be grounds for eviction.
Can my landlord enter my property without my permission?
Landlords in Naga must give notice and obtain permission before entering a rented property, except in cases of emergency or imminent danger.
What are the legal grounds for eviction in Naga?
Typical reasons include non-payment of rent, violation of lease terms, expiry of the lease term, unauthorized subletting, or use of the property for illegal activities.
Where can I file a complaint if I have a dispute with my landlord or tenant?
You can file a complaint at the Barangay (village) Hall for amicable settlement, the Housing and Land Use Regulatory Board (HLURB), or at the local courts in Naga. Legal assistance may help you choose the best venue for your case.
Additional Resources
If you need further information or assistance, the following organizations and offices can help:
- Naga City Hall - Office of the City Legal Officer
- Housing and Land Use Regulatory Board (HLURB) regional office
- Department of Human Settlements and Urban Development (DHSUD)
- Public Attorney's Office (PAO) - Offers free legal aid to qualified individuals
- Integrated Bar of the Philippines (IBP) - Camarines Sur Chapter
- Barangay Justice or Lupon Tagapamayapa for community-based dispute resolution
Next Steps
If you are facing a rental dispute or need advice regarding your rights and responsibilities as a landlord or tenant in Naga, consider these steps:
- Gather and organize all relevant documents, such as your lease contract, receipts, and written correspondence
- Attempt to resolve the issue amicably by communicating with the other party
- Seek help from your Barangay officials for mediation
- Contact a qualified local lawyer with experience in landlord and tenant matters for personalized legal advice
- Visit relevant government offices or legal aid organizations for assistance
Taking timely action can help protect your rights and prevent more serious legal issues. Do not hesitate to reach out to local authorities or legal professionals to understand your options and obligations.
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.