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Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Lot Rental Issue

Lot Rental Issue

3 posters

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1Lot Rental Issue Empty Lot Rental Issue Thu Feb 03, 2011 9:35 am

Ces C.


Arresto Menor

I need your help. My problem is a case where Lot belongs to A and house belongs to B. After almost 30 years of B renting the lot, A decided to terminate contract, giving B just a month to prepare. Does A have the right to just demolish the house leaving B with nothing? May I know what our Law says about this? Thanks in advance for your help. God bless.

2Lot Rental Issue Empty Re: Lot Rental Issue Thu Feb 03, 2011 1:58 pm

admiral thrawn

admiral thrawn
moderator

A has the right to do whatever he wants with his property this is the right given by law to an owner,like A.

However there are some modifications or limitations imposed by law on the said right. One of which is when the owner allowed somebody to possess or occupy his land by virtue of a contract which is commonly a lease contract ..thus the contract must be respected. But just like any right the contract also has limitations..... that is if and when the term of the contract has already expired or if one of the parties thereof did not comply with the provisions of said contract.

3Lot Rental Issue Empty Re: Lot Rental Issue Thu Feb 03, 2011 2:02 pm

Ces C.


Arresto Menor

Thanks for your reply. But, is it legal to just give B one month to prepare?

4Lot Rental Issue Empty Re: Lot Rental Issue Thu Feb 03, 2011 2:06 pm

admiral thrawn

admiral thrawn
moderator

Yes it is legal...by the way I'm answering in general manner since you have not given us in detail the facts surrounding your problem..which by the way is not required..and these facts should be confided to your retained lawyer.

5Lot Rental Issue Empty Re: Lot Rental Issue Thu Feb 03, 2011 4:14 pm

Ces C.


Arresto Menor

I understand. Thanks so much for your time. I really appreciate it. Very Happy

6Lot Rental Issue Empty Re: Lot Rental Issue Fri Feb 04, 2011 7:40 pm

attyLLL


moderator

if B wants to fight for more time, I believe he can claim that he should be entitled to a longer period. this is provided under the provisions of lease.

if the the house will be used by the owner, b can be entitled to at least half of the value.

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7Lot Rental Issue Empty Re: Lot Rental Issue Fri Feb 04, 2011 7:45 pm

admiral thrawn

admiral thrawn
moderator

^^ Think there is a provision on the law on lease whereby the parties can ask the court to fix the period of lease though the law also provides a specific period of lease if there is no stipulation between the lessor and lessee based on the time when the lessee pays his rent..if it is monthly..the lease expires on a monthly basis..if the rent is paid yearly then the lease expires on a yearly basis.

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