We are getting evicted

Contracts are the laws between the parties. When one side fails to live up to their end of the bargain without a legal excuse, you have a breach of contract. Thus, if you have a 5 year contract of lease with your lessor, then they cannot evict you. When a breach occurs, the goal of the legal system isn't usually to punish the \"breaker,\" but to put the \"victim\" back in the position they would have been in if the contract had been followed. We are willing to discuss this further with you.

Hello:
Thank you for your question. I am the owner and managing partner of Recososa Law Firm, with offices in Luzon, Visayas, and Mindanao. Presuming this matter is within Philippine jurisdiction, let me address your concern in a general but practical way.

If you have a valid written lease contract for 5 years and you are only 2 years into it, the landlord generally does not have the right to evict you without a lawful and contractual basis.

Under Article 1654 of the Civil Code of the Philippines, the lessor is obliged a.) to deliver the thing which is the object of the contract, b.) to make necessary repairs, and c.) to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. That means if the contract says 5 years, you are entitled to stay for 5 years, provided you are complying with your obligations.

Firstly, eviction during the term of a fixed lease is only allowed under specific grounds such as: a.) Non payment of rent, b.) Violation of the terms and conditions of the lease, c.) Expiration of the lease term, d.) Other valid causes expressly stated in the contract.

If none of these apply and you are religiously paying rent and complying with the contract, then the landlord cannot simply decide to terminate because they changed their mind or found another tenant willing to pay more.

Secondly, even if a landlord wants to eject a tenant, they cannot just force you out. Under Rule 70 of the Rules of Court, they must file an unlawful detainer case in court. There must be proper demand, and a court order is required before you can legally be removed. Self help eviction such as changing locks, cutting utilities, or harassment is illegal and may expose the landlord to damages.

Thirdly, you should review your contract carefully. Some lease contracts contain pre termination clauses that allow termination under certain conditions, for example if the property will be sold or used by the owner. If such a clause exists, we need to examine whether it is valid and whether the landlord complied strictly with its requirements.

As a remedy, you may: a.) Send a formal written reply asserting your right to continue occupying the property based on the contract. b.) Continue paying rent and keep proof of payment. c.) If harassment or illegal eviction attempts occur, you may file a complaint for damages or defend yourself in court if they initiate an ejectment case.

The strength of your position will depend on the exact wording of your lease and whether you are fully compliant. Contracts are binding under Article 1159 of the Civil Code, which states that obligations arising from contracts have the force of law between the parties and must be complied with in good faith.

Sincerely,