Tenant rights

Dear Atty. Peachy,

I have been renting an apartment in Taguig for the past three years and have always paid my rent on time. Recently, my landlord informed me that they want to terminate my lease early because they have decided to sell the apartment. They provided me with a three-month eviction notice, which I understand is required by law, but I am feeling stressed and uncertain about my rights.

While I understand that landlords have the right to sell their property, I want to know if I have any protections as a tenant in this situation. Am I entitled to more time to vacate the premises? What options do I have if I believe the eviction notice is unfair?

Thank you for any insights you can provide regarding my rights and the best course of action moving forward.

Jen

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Dear Jen,

If there is no fault on your part (e.g., non-payment of rent, violation of lease terms), you generally have protection against arbitrary eviction. The landlord cannot simply terminate your lease just because he wants to sell it.

Article 9653 outlines the conditions under which a landlord may lawfully evict a tenant. These situations include:

1. Significant Breach of Contract: This occurs when a tenant fails to pay rent on time or does not adhere to critical terms of the lease, such as damaging property, creating major disturbances, or engaging in illegal activities on the premises.

2. Legitimate Need of the Owner: If the landlord or a close family member requires the property for personal residence, they must provide the tenant with formal written notice, usually at least three months before the planned eviction date.

3. Necessary Repairs or Demolition: The landlord may evict a tenant if the property needs substantial repairs that cannot be carried out economically without the tenant’s removal (e.g., structural work or extensive renovations) or if the property is slated for demolition or redevelopment. Notice regulations typically apply, and landlords should not misuse this reason to bypass rent control laws.

4. Expiration of Lease Agreement: After the lease term specified in the contract has concluded, a landlord may opt not to renew it. However, in practical terms, if the property is still governed by rent control and the tenant is open to continuing on the same terms, the landlord is usually required to comply with legal limits regarding rent increases or renewals.

Selling a leased property does not automatically end the lease. Article 1676 of the Civil Code states that the new owner of a leased property inherits the landlord’s rights and responsibilities as outlined in the existing lease. This provision safeguards tenants from being unlawfully evicted by new owners, ensuring they retain their right to peaceful possession for the duration of the lease.

Consequently, the new owner cannot arbitrarily demand the tenant’s immediate eviction unless there are valid legal grounds for doing so.

While your landlord has provided a three-month notice, your rights concerning the length of time to vacate will depend on the terms of your lease and the local laws applicable to your tenancy. If your lease states a specific duration or conditions regarding termination, that may give you additional protections.

If you believe your eviction is unjust or want to negotiate for more time to find alternative housing, consider starting a dialogue with your landlord. If discussions do not yield a resolution, you may seek assistance from the local housing office or mediation services to help both parties reach an agreement.

Atty. Peachy Selda-Gregorio