Best Landlord & Tenant Lawyers in Santa Rosa
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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 Santa Rosa, Philippines
Landlord & Tenant law in Santa Rosa, Philippines, primarily focuses on the relationships between property owners (landlords) and those who lease or rent their property (tenants). This area of law covers a wide range of issues, including lease agreements, rent control, property maintenance, tenant rights, and eviction processes. In Santa Rosa, as in many parts of the Philippines, residential lease agreements are generally governed by the Civil Code of the Philippines, the Rent Control Act, as well as other relevant national and local policies. Understanding these laws can help both landlords and tenants navigate their legal rights and responsibilities.
Why You May Need a Lawyer
There are several situations where individuals may require legal assistance in the field of Landlord & Tenant in Santa Rosa, Philippines:
- Disputes Over Lease Terms: Conflicts may arise regarding the interpretation or enforcement of lease terms, necessitating legal intervention.
- Eviction Proceedings: If a landlord needs to evict a tenant or a tenant is facing wrongful eviction, legal counsel can help ensure the process is handled lawfully.
- Rent Discrepancies: Disagreements over rent increases or non-payment can often benefit from legal clarification and resolution.
- Property Damage Claims: Legal guidance can assist in situations where there is a dispute about responsibility for property damage.
- Negotiating Lease Agreements: Legal advice can help in drafting or reviewing lease agreements to protect your interests effectively.
- Understanding Local Laws: A lawyer can demystify complex local regulations that may affect rental agreements and obligations.
Local Laws Overview
The following are key local laws relevant to landlords and tenants in Santa Rosa, Philippines:
- The Rent Control Act (Republic Act 9653): This law regulates the allowable rent levels and the frequency of rent increases in many residential units.
- Civil Code of the Philippines: The Civil Code outlines general property and contract principles governing lease agreements throughout the country.
- Local Ordinances: Santa Rosa may have specific ordinances that further regulate tenancy issues not covered by national law, emphasizing city-wide standards for residential leases.
Frequently Asked Questions
What is the maximum rent increase allowed under the Rent Control Act?
The Rent Control Act stipulates specific caps on rent increases for covered properties, typically not exceeding 7% per annum. However, exceptions may apply.
What are the grounds for eviction in Santa Rosa?
Common legal grounds for eviction include non-payment of rent, violation of lease terms, or the need of the property owner to use the property for personal use or family occupancy.
Can a tenant terminate a lease early?
Tenants may be able to terminate a lease early, but they may be subject to penalties or required to provide notice, contingent upon the lease agreement terms and applicable laws.
What should be included in a lease agreement?
A lease should include the duration of tenancy, rental amount, security deposit details, maintenance responsibilities, and any other terms agreed upon by both parties.
Are security deposits refundable in Santa Rosa?
Security deposits are typically refundable at the end of the lease term, provided there are no unpaid rents or undue repairs required. The terms should be clearly stated in the lease agreement.
What repairs are landlords responsible for?
Landlords are generally responsible for major repairs necessary to maintain the habitability of the rental property, unless the damage is caused by the tenant's negligence.
When can a landlord enter the rental property?
Landlords can enter a rental property for inspections, repairs, or emergencies, but typically require advance notice to the tenant unless it's an emergency.
How is a lease agreement renewed?
Lease agreements can be renewed by mutual agreement of the parties involved, often requiring a simple written extension or a new lease at the end of the current term.
What can a tenant do if the landlord fails to make repairs?
Tenants can send formal requests to the landlord and, if unmet, seek legal recourse or mediation to ensure compliance with landlord obligations.
Are verbal rental agreements enforceable?
While verbal agreements can be enforceable, written agreements are strongly recommended for clarity and legal purposes in case of a dispute.
Additional Resources
For further assistance and resources, consider reaching out to the following:
- Department of Human Settlements and Urban Development (DHSUD): Offers comprehensive guidelines and support on housing and urban development matters.
- Local Government Unit (LGU) of Santa Rosa: Can provide information on local ordinances and tenant-landlord related services.
- Barangay Mediation Services: Offers community-based mediation for tenant-landlord disputes.
- Legal Aid Clinics: Accessible through local universities or non-profit organizations, providing free or low-cost legal assistance.
Next Steps
If you need legal assistance concerning landlord and tenant issues in Santa Rosa, Philippines, consider the following steps:
- Consult a Lawyer: Look for a lawyer specializing in property or real estate law to discuss your situation in detail.
- Gather Documentation: Collect and organize all relevant documents, such as lease agreements, rent receipts, and correspondence with the landlord or tenant.
- Use Mediation Services: Attempt to resolve disputes through local mediation services before pursuing formal legal action.
- Contact Local Authorities: Engage with relevant governmental bodies for guidance or report cases of law violation.
Addressing landlord and tenant issues promptly with proper legal insight can help prevent protracted disputes and ensure a fair resolution for all parties involved.
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.