Best Landlord & Tenant Lawyers in Philippines
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Philippines Landlord & Tenant Legal Questions answered by Lawyers
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- 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 Philippines
Landlord & Tenant law in Philippines governs the rights and responsibilities of both landlords and tenants in rental agreements. This includes issues such as rent, security deposits, maintenance of the property, and tenant eviction.
Why You May Need a Lawyer
You may need a lawyer in Landlord & Tenant matters if you encounter situations such as unfair eviction, breach of lease agreements, disputes over security deposits, or disagreements on property maintenance. A lawyer can help you understand your rights under the law and assist you in resolving any disputes.
Local Laws Overview
Key aspects of local laws relevant to Landlord & Tenant in Philippines include the Civil Code of the Philippines, which sets the general rules for lease agreements, and the Urban Development and Housing Act, which governs tenancy relations in urban and suburban areas. Understanding these laws is crucial for both landlords and tenants to avoid legal issues.
Frequently Asked Questions
1. Can a landlord evict a tenant without cause in Philippines?
No, under the law, a landlord cannot evict a tenant without a valid reason such as non-payment of rent or violation of lease terms.
2. What are the rights of tenants in Philippines?
Tenants have the right to privacy, peaceful possession of the property, and timely repairs and maintenance by the landlord.
3. How much can a landlord increase rent in Philippines?
Rent increases are generally governed by the rental agreement, but landlords must give advance notice before raising rent.
4. Can a tenant withhold rent for property repairs in Philippines?
A tenant can only withhold rent for repairs if the landlord fails to make necessary repairs within a reasonable time after being notified.
5. How long does it take to evict a tenant in Philippines?
The eviction process in Philippines can vary, but it typically takes around 1-3 months to evict a tenant through legal means.
6. Can a landlord enter the rental property without permission in Philippines?
A landlord can only enter the rental property with the tenant's permission or with proper notice, except in emergencies.
7. Are security deposits refundable in Philippines?
Security deposits should be returned to the tenant after deducting any unpaid rent or damages to the property upon lease termination.
8. Can a lease agreement be terminated early in Philippines?
A lease agreement can be terminated early if both parties agree or if there are valid reasons such as breach of contract.
9. Can a tenant sublease the rental property in Philippines?
Tenants can sublease the rental property only if the lease agreement allows it or with the landlord's consent.
10. How can a tenant dispute a security deposit deduction in Philippines?
A tenant can dispute a security deposit deduction by providing evidence of the property's condition at the start and end of the lease, and discussing the matter with the landlord.
Additional Resources
If you need legal assistance with Landlord & Tenant matters in Philippines, you can contact the Housing and Land Use Regulatory Board (HLURB) or seek advice from legal aid organizations such as the Public Attorney's Office (PAO).
Next Steps
If you require legal assistance in Landlord & Tenant issues in Philippines, it is advisable to consult with a qualified lawyer who specializes in real estate law. They can help you understand your rights, negotiate with the other party, and represent you in court if necessary.
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.