Best Landlord & Tenant Lawyers in Tagbilaran
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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 Tagbilaran, Philippines:
In Tagbilaran, Philippines, the Landlord & Tenant law governs the rights and responsibilities of both landlords and tenants in a rental agreement. It covers various aspects such as rent, maintenance, security deposits, eviction, and more.
Why You May Need a Lawyer:
You may need a lawyer for situations such as disputes over lease agreements, eviction proceedings, security deposit disputes, breaches of contract, or if you need legal advice on your rights and obligations as a landlord or tenant.
Local Laws Overview:
In Tagbilaran, Philippines, the Civil Code of the Philippines and the Rent Control Act of 2009 are some key laws that govern Landlord & Tenant relations. These laws outline the rights and responsibilities of both parties, including lease agreements, security deposits, rent increases, and eviction procedures.
Frequently Asked Questions:
1. Can a landlord increase the rent anytime?
No, a landlord cannot increase the rent during the lease period unless there is a provision in the lease agreement allowing for rent increases.
2. What rights do tenants have in Tagbilaran?
Tenants in Tagbilaran have rights to a habitable living space, privacy, security deposit protection, and proper notice before eviction.
3. Can a landlord evict a tenant without notice?
No, landlords must provide tenants with proper notice before evicting them, and the grounds for eviction must be valid under the law.
4. How can a tenant get their security deposit back?
Tenants should ensure they fulfill all obligations under the lease agreement, document the condition of the property upon move-in and move-out, and request a written inspection with the landlord to secure the return of their security deposit.
5. What are the landlord's responsibilities for property maintenance?
Landlords are responsible for maintaining the property in a habitable condition, making necessary repairs, and ensuring the property meets health and safety standards.
6. Can a landlord enter the rental property without permission?
A landlord must provide proper notice before entering the rental property, except in cases of emergency or if the tenant allows entry.
7. Are there limits on security deposits in Tagbilaran?
Yes, security deposits are usually limited to a maximum of two months' rent according to the Rent Control Act of 2009.
8. What steps can a tenant take if facing eviction?
Tenants facing eviction should seek legal advice, review the lease agreement for any violations by the landlord, respond to eviction notices timely, and attend any court hearings related to the eviction.
9. Can a tenant sublease the rental property to someone else?
It depends on the terms of the lease agreement. It is recommended to seek permission from the landlord before subleasing the rental property.
10. How can a landlord terminate a lease agreement?
A landlord can terminate a lease agreement by giving proper notice to the tenant, stating valid grounds for termination, and following legal procedures for eviction if necessary.
Additional Resources:
For additional resources and legal assistance regarding Landlord & Tenant matters in Tagbilaran, you can contact the Housing and Land Use Regulatory Board (HLURB) or consult with a local attorney specializing in real estate and tenancy law.
Next Steps:
If you require legal assistance in Landlord & Tenant matters in Tagbilaran, Philippines, it is advisable to consult with a qualified attorney who can provide you with guidance, assistance, and representation to protect your rights and interests as a landlord or tenant.
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.