Dear Atty. Peachy,
I recently signed a one-year lease for an apartment in Makati. About seven months in, my landlord informed me he plans to sell the unit and asked me to leave within 30 days. My lease does not include any terms about terminating early due to a sale.
I have consistently paid my rent and adhered to the lease terms. I am worried because moving on such short notice would be challenging and costly.
Can my landlord legally force me to move out before the lease ends simply because he is selling the property? What rights do I have in this situation?
Sincerely,
Lara
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Dear Lara,
According to the Civil Code of the Philippines, particularly regarding lease agreements, a valid lease is binding for the entire agreed-upon duration. This means that if you have a one-year fixed-term lease, both you and your landlord are obliged to adhere to that period.
The sale of the property does not automatically cancel an existing lease. The buyer of a leased property must honor the lease if it has a fixed term and is documented, or if the buyer is aware of the lease.
Your landlord cannot require you to vacate the premises in 30 days simply because he is selling the property, especially since your lease does not allow for such a situation.
If the property is sold, the new owner takes over the landlord’s responsibilities and must respect your current lease until it concludes, unless there is a valid reason for eviction (like non-payment of rent or lease violations).
You may want to kindly remind your landlord of your lease agreement and your right to stay until its expiration. Keeping an open line of communication with your landlord can facilitate reaching a mutually agreeable solution, especially if they are open to providing compensation for an early termination.
Sincerely,
Atty. Peachy Selda-Gregorio