Legal Question in Landlord & Tenant Law in Philippines
This is the scenario:
The tenant of an apartment has been renting the unit for about 15yrs now. From the very beginning, no written agreement was made and the monthly rental since then is P2500. The lessor is not duly registered with BIR with regards to the business of apartment rentals. Suddenly, the lessor made a written agreement which prohibits or insists on some of matters which have already been existing before such agreement (e.g. having domestic pets, increase in rent w/o related improvement or repair).
The question is: do the tenant have any right to refuse on prohibitions on matters/things which were pre-existing with regards to implementation of the newly prepared agreement?
1 Answer from Attorneys
A lease contract is usually onerous to the lessee.This is a contract of adhesion.Meaning take it or leave it. As long as the terms are not contrary to law,morals,good customs,public order and public policy then there is nothing illegal. Better ask for an official receipt with the BIR and you have to withheld the income tax.The increase should only be 10% a year.
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