Best Landlord & Tenant Lawyers in Santiago
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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 Santiago, Philippines:
Landlord & Tenant Law in Santiago, Philippines governs the rights and obligations of both landlords and tenants in rental agreements. It covers issues such as lease agreements, rent payments, maintenance responsibilities, eviction procedures, and more.
Why You May Need a Lawyer:
You may need a lawyer in Landlord & Tenant matters if you are facing issues such as lease disputes, eviction proceedings, security deposit disputes, rental agreement violations, or any other legal challenges related to renting property in Santiago, Philippines.
Local Laws Overview:
In Santiago, Philippines, the key aspects of Landlord & Tenant law include provisions on security deposits, the rights of both landlords and tenants, eviction procedures, rent control regulations, and lease agreement requirements. It is important to understand these laws to protect your rights as either a landlord or a tenant.
Frequently Asked Questions:
1. Can my landlord increase my rent without notice?
No, landlords in Santiago, Philippines are required to provide proper notice before increasing rent prices as per local laws.
2. What are my rights as a tenant regarding repairs and maintenance?
Tenants have the right to live in a property that is safe and habitable. Landlords are responsible for making necessary repairs and maintaining the property in good condition.
3. How can I terminate my lease agreement early?
Terminating a lease agreement early is typically subject to the terms outlined in the contract. Consulting with a lawyer can help you understand your options.
4. Can a landlord evict me without cause?
Landlords can only evict tenants for valid reasons outlined in local laws, such as non-payment of rent or violating the lease agreement.
5. Are there rent control regulations in Santiago, Philippines?
Yes, certain properties in Santiago may be subject to rent control regulations to prevent unfair rent increases.
6. Can my landlord withhold my security deposit?
Landlords can withhold a security deposit for damages beyond normal wear and tear, unpaid rent, or other legitimate reasons as outlined in the lease agreement.
7. What steps should I take if my landlord is not maintaining the property?
If your landlord is not fulfilling their maintenance responsibilities, you may need to document the issues and attempt to resolve them through communication. If that fails, seeking legal advice may be necessary.
8. How long does the eviction process take in Santiago, Philippines?
The eviction process timeline can vary depending on the specific circumstances and legal procedures involved. Consulting with a lawyer can provide more clarity on the process.
9. Can I sublet my rental property to someone else?
Subletting is typically subject to the terms of the lease agreement. In some cases, you may need permission from the landlord before subletting the property.
10. What are my rights if my landlord tries to illegally evict me?
If you believe you are facing an illegal eviction, you should seek legal advice immediately to understand your rights and options for recourse.
Additional Resources:
For further information and assistance regarding Landlord & Tenant matters in Santiago, Philippines, you may contact the local housing authority, legal aid organizations, or hire a qualified lawyer specializing in real estate law.
Next Steps:
If you encounter any legal issues or disputes related to Landlord & Tenant in Santiago, Philippines, it is recommended to consult with a lawyer who can provide legal guidance and representation to protect your rights and interests.
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.