Best Posts in Thread: Long term land lease

Not at all. Aren't we here to share? ... Now I am ordinarily just any one and I am not a legal professional. The thoughts I share rise from work experience gained here and there.

Basically, a contract is law between the two parties that forge it. Performance of its provisions are binding as obligation between both parties as long as these do not contravene or countervail Philippine law; otherwise, existing law would render such contravening or countervailing provisions either null and void from the start, voidable, or illegal.

Question 1/ Can I sell or pass on the lease if say I wanted to go somewhere else, can the name on the lease be changed or transferred to another ?

Answer 1/ In theory, selling lessor rights or passing on the lease to another for the remaining unaccrued lease period can be made possible by simply inserting such a clause in the long term lease and having it mutually agreed upon by both contracting lessor (landlord) and lessee (lessee).

In actual practice, however, this possibly cannot be easily done because the lessor will reserve his right to evaluate the lease-buyer/catcher and therefore may not agree to such a provision unless another clause that defines his specifications for an acceptable lease-buyer/catcher is also inserted.

Question 2/ If say a house and land was for sale at 4M Pesso what would a 25 year renewable or maybe non renewable lease with up front payment cost ?

Answer 2/ It seems provincial data are not published and only Metro Manila buying price-to-rental price statistics are available online. Perhaps one can interpollate provincial prices from the Metro Manila data at Philippines: rental yields in Manila range from good to excellent

Question 3/ If I did a long term lease who pays taxes etc ... want to ensure I don't get evicted ?

Answer 3/ Real property tax (RPT) is lawfully an obligation of the property owner or the lessor (assuming he himself is the owner). A lessee should not agree to be burdened with the RPT in any lease contract; and he cannot be evicted for non-performance of an obligation that is not his duty.

Just in case the owner/lessor proves to be tax delinquent and unpaid RPT accumulates to a point where it can justifiably constitute a lien on the property so that the local government acquires it through Court decision; or if the lessor assigns or sells the property to another, there should already be inserted, before contract signing, a clause providing for the long term lease to be honoured and respected regardless of and notwithstanding any change of ownership while the lease is accruing to its end, to protect the lessee’s rights. Hence, a lessee should only get evicted for violating the terms of the long term lease contract he forged with the lessor. Still, a lessee could also get possibly evicted if he commits an illegal act that causes harm to the lessor's person or his leased property.

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Mind you, Philippine democracy works such that every person is entitled to his opinion. Opinions -- whether legal professional advice rendered to earn a living or layman's thought freely rendered in fellowship -- may conflict and can clash to a point of disharmony where a FINAL RESOLUTION is required for the material settlement. In that instance, people refer to the most recent decision on like matter penned by the Supreme Court (the body created and solely authorized by the Philippine Constitution to interpret laws); or, where there is none yet, people file a case to obtain a land mark decision from the Supreme Court.