Tenancy Agreement

[Snowy79]

When you sign a tenancy agreement to live in a property and pay rent does the agreement have to be signed in the presence of an attorney to make it legal? 

 

[Richieboy67]

I hope not.  :)

[Snowy79]

Just wondering if you get a dodgy landlord who tries to keep your deposit using loose interpretations of his agreement. 

[jimeve]

1 hour ago, Snowy79 said:

When you sign a tenancy agreement to live in a property and pay rent does the agreement have to be signed in the presence of an attorney to make it legal? 

 

I'm a landlord and never did this. 

[jimeve]

Just now, Snowy79 said:

Just wondering if you get a dodgy landlord who tries to keep your deposit using loose interpretations of his agreement. 

If you have a "dodgy" landlord you will most likely lose your deposit.

[Rooster]

1 hour ago, Snowy79 said:

When you sign a tenancy agreement to live in a property and pay rent does the agreement have to be signed in the presence of an attorney to make it legal? 

 

No, once it's "Ratified" (signed by the 2 agreeing parties) then it's enforceable.

Read Articles 1403 & 1643 of The Civil Code

http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm

Concerning your security Deposit, read RA 9653 section 7

https://lawphil.net/statutes/repacts/ra2009/ra_9653_2009.html 

 

[Snowy79]

15 minutes ago, Rooster said:

No, once it's "Ratified" (signed by the 2 agreeing parties) then it's enforceable.

Read Articles 1403 & 1643 of The Civil Code

http://www.chanrobles.com/civilcodeofthephilippinesbook4.htm

Concerning your security Deposit, read RA 9653 section 7

https://lawphil.net/statutes/repacts/ra2009/ra_9653_2009.html 

 

The statutes states that it covers rent only up to 10k peso. I was paying 26k peso on a previous apartment. One of about 79 apartments in the compound. I'll need to try to find what act covers this I think. 

[Rooster]

53 minutes ago, Snowy79 said:

The statutes states that it covers rent only up to 10k peso. I was paying 26k peso on a previous apartment. One of about 79 apartments in the compound. I'll need to try to find what act covers this I think. 

 Articles 1403 & 1643 of The Civil Code still apply.

Lessor & Lessee agree to terms of the lease you both come to an agreement on.

An example is below on the link but it has a Notary Format. You can expand the format, be creative & write whatever you want stating how much of a security deposit you are willing to give, the terms to ensure you get it back.     

Consider consulting with an Attorney with any contract or lease agreement in the PI before ratifying it.

http://legal-forms.philsite.net/lease-contract.htm

Edited October 16, 2018 by Rooster

[Snowy79]

1 hour ago, Rooster said:

 Articles 1403 & 1643 of The Civil Code still apply.

Lessor & Lessee agree to terms of the lease you both come to an agreement on.

An example is below on the link but it has a Notary Format. You can expand the format, be creative & write whatever you want stating how much of a security deposit you are willing to give, the terms to ensure you get it back.     

Consider consulting with an Attorney with any contract or lease agreement in the PI before ratifying it.

http://legal-forms.philsite.net/lease-contract.htm

1403 is for over one year lease and 1643 is a max of 90 days. My lease was one year. I might have to dig deeper as nothing is straightforward lol. 

[Rooster]

1 hour ago, Snowy79 said:

1403 is for over one year lease and 1643 is a max of 90 days. My lease was one year. I might have to dig deeper as nothing is straightforward lol. 

Where do you see that? This is what I'm seeing. Then read 1687

Art. 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a thing for a price certain, and for a period which may be definite or indefinite. However, no lease for more than ninety-nine years shall be valid.

 

Edited October 16, 2018 by Rooster