Best Landlord & Tenant Lawyers in Ormoc City
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List of the best lawyers in Ormoc 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 Ormoc City, Philippines
Landlord & Tenant law in Ormoc City governs the legal relationship between landlords and tenants. It outlines the rights and responsibilities of both parties and provides a framework for resolving disputes. These laws ensure fair treatment and protection for both landlords and tenants.
Why You May Need a Lawyer
There are various situations where seeking legal counsel in Landlord & Tenant matters in Ormoc City may be advisable:
1. Drafting or reviewing lease agreements to ensure your rights and interests are protected.
2. Resolving disputes related to unpaid rent, property damage, or lease violations.
3. Evicting a tenant in accordance with the law.
4. Defending against eviction, ensuring your rights as a tenant are upheld.
5. Understanding your legal options in case of breach of contract or unfair treatment by the other party.
Local Laws Overview
Landlord & Tenant laws may vary from city to city in the Philippines. In Ormoc City, some key aspects include:
1. The maximum duration for residential leases is typically one year, unless otherwise specified.
2. Both landlords and tenants have the responsibility to maintain the property in a habitable condition.
3. Rent control laws may determine the maximum allowable rent increases.
4. The landlord is generally responsible for repairs and structural maintenance, while the tenant is responsible for minor repairs.
5. The law provides guidelines for the eviction process, including proper notice and valid reasons for eviction.
Frequently Asked Questions
Q: Can a landlord increase the rent arbitrarily?
A: No, a landlord in Ormoc City cannot increase the rent arbitrarily. Rent control laws may be in place, limiting the frequency and amount of rent increases. It is advisable to review the local laws and consult an attorney to understand the specific regulations.
Q: What can I do if my landlord refuses to return my security deposit?
A: If your landlord withholds your security deposit without a valid reason, you may take legal action. Notify the landlord in writing, requesting the return of your deposit. If the landlord still refuses, you can file a complaint with the appropriate local authority or seek legal assistance to recover your deposit.
Q: Can a landlord evict a tenant without notice?
A: Generally, a landlord in Ormoc City cannot evict a tenant without providing proper notice. The law requires landlords to give written notice of their intention to terminate the tenancy. The notice period may vary depending on the circumstances. It is important to consult legal counsel to ensure the eviction process is carried out in compliance with the law.
Q: What are my rights as a tenant regarding repairs and maintenance?
A: As a tenant in Ormoc City, you have the right to a habitable dwelling. The landlord is usually responsible for major repairs and structural maintenance, while you are responsible for minor repairs. If your landlord fails to address significant repairs that affect your health or safety, you may have legal remedies available to you, such as withholding rent or pursuing legal action.
Q: Can a landlord enter my rented property without permission?
A: In general, a landlord should provide reasonable notice before entering your rented property. Unless it is an emergency or with your consent, the landlord should not enter the premises without proper notice. However, there may be exceptions, such as in case of a court order or inspections required by law. Familiarize yourself with the local laws and consult a lawyer for specific guidance.
Additional Resources
If you require further information or legal advice on Landlord & Tenant matters in Ormoc City, consider contacting these resources:
- Ormoc City Hall: The local government office may provide guidance on local regulations and agencies that can assist with Landlord & Tenant matters.
- Integrated Bar of the Philippines (IBP) Ormoc City Chapter: The local chapter of the IBP can connect you with qualified lawyers specializing in Landlord & Tenant law.
- Department of Justice - Philippines: The national agency responsible for overseeing legal matters in the Philippines may have resources and information available on Landlord & Tenant law that can be useful.
Next Steps
If you find yourself in need of legal assistance for Landlord & Tenant matters in Ormoc City, follow these steps:
1. Research local laws and regulations to understand your rights and responsibilities.
2. Gather evidence and documentation related to your situation.
3. Consider seeking legal advice from an experienced lawyer specializing in Landlord & Tenant law.
4. Consult with the lawyer to discuss your case and determine the best course of action.
5. Follow the lawyer's guidance and instructions throughout the legal process.
Remember, obtaining professional legal advice is crucial to protecting your rights and ensuring a fair resolution to any Landlord & Tenant issues you may face.
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.