Best Landlord & Tenant Lawyers in Paranaque City
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List of the best lawyers in Paranaque 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 Paranaque City, Philippines
Landlord and tenant law in Paranaque City, Philippines governs the rights and responsibilities of both landlords and tenants in rental relationships. It is important for both parties to understand their legal obligations to ensure a smooth and fair renting experience.
Why You May Need a Lawyer
While not every situation requires legal intervention, there are certain circumstances where seeking legal advice in landlord and tenant matters can be beneficial. Here are a few common situations where you may need a lawyer:
- Disputes over security deposits
- Eviction proceedings
- Breach of lease agreements
- Illegal rent increases
- Unlawful eviction or lockouts
Local Laws Overview
When it comes to landlord and tenant law in Paranaque City, Philippines, it is essential to be aware of the following key aspects:
- Rental Control Laws: Paranaque City has laws in place to regulate and control rent increases to protect tenants from exorbitant charges.
- Security Deposits: Both landlords and tenants have rights and obligations regarding security deposits. There are rules on how much can be charged and when it should be returned.
- Eviction Procedures: Specific procedures must be followed by landlords when evicting a tenant. Failure to abide by these procedures can be grounds for legal action.
- Lease Agreements: A written lease agreement is not always required but is highly recommended. It should outline both parties' rights, responsibilities, and the terms and conditions of the rental arrangement.
- Tenant's Rights: Paranaque City provides certain protections for tenants, such as the right to livable conditions, privacy, and freedom from discrimination.
Frequently Asked Questions
1. Can a landlord increase the rent anytime?
Under rental control laws in Paranaque City, landlords can only increase the rent once every two years. The increase must also be reasonable and within the limits set by the local government.
2. How much security deposit can a landlord charge?
The maximum security deposit that a landlord can charge is the equivalent of two months' rent. This amount must be refundable to the tenant at the end of the lease, minus any legitimate deductions.
3. What can I do if my landlord refuses to make necessary repairs?
If your landlord fails to address necessary repairs that affect your health or safety, you can give a written notice to the landlord, detailing the repairs needed. If the landlord still refuses, you have the right to report the situation to the local housing authority.
4. Can a landlord evict a tenant without a court order?
No, a landlord cannot evict a tenant without a court order. Evictions must go through a judicial process, and the landlord must provide valid grounds for eviction under the law.
5. Can a landlord discriminate against potential tenants?
No, landlords in Paranaque City are prohibited from discriminating against potential tenants based on factors such as race, religion, gender, or disability. If you believe you have been a victim of discrimination, you can file a complaint with the appropriate government agencies.
Additional Resources
- Paranaque City Hall - For information on local regulations and housing resources, visit the Paranaque City Hall website.
- Paranaque City Housing and Development Office - This government office can provide guidance on tenant rights, dispute resolution, and other housing-related concerns.
- Legal Aid Foundation of the Philippines - If you require free legal assistance, the Legal Aid Foundation of the Philippines offers services to eligible individuals.
Next Steps
If you require legal assistance regarding landlord and tenant matters in Paranaque City, Philippines, it is advisable to consult with a qualified lawyer who specializes in these areas. They will be able to provide accurate advice based on your specific situation and help protect your rights and interests. Do thorough research, ask for recommendations, and schedule a consultation with a lawyer to discuss your concerns and explore your options.
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.