⌛ Leasing land

Part 2, section 3

SECTION 3. - Special Provisions for Leases of Rural Lands

Art. 1680. The lessee shall have no right to a reduction of the rent
on account of the sterility of the land leased, or by reason of the
loss of fruits due to ordinary fortuitous events; but he shall have
such right in case of the loss of more than one-half of the fruits
through extraordinary and unforeseen fortuitous events, save always
when there is a specific stipulation to the contrary.
Extraordinary fortuitous events are understood to be: fire, war,
pestilence, unusual flood, locusts, earthquake, or others which are
uncommon, and which the contracting parties could not have reasonably
foreseen. (1575)

Art. 1681. Neither does the lessee have any right to a reduction of
the rent if the fruits are lost after they have been separated from
their stalk, root or trunk. (1576)

Art. 1682. The lease of a piece of rural land, when its duration has
not been fixed, is understood to have been for all the time necessary
for the gathering of the fruits which the whole estate leased may
yield in one year, or which it may yield once, although two or more
years have to elapse for the purpose. (1577a)

Art. 1683. The outgoing lessee shall allow the incoming lessee or the
lessor the use of the premises and other means necessary for the
preparatory labor for the following year; and, reciprocally, the
incoming lessee or the lessor is under obligation to permit the
outgoing lessee to do whatever may be necessary for the gathering or
harvesting and utilization of the fruits, all in accordance with the
custom of the place. (1578a)

Art. 1684. Land tenancy on shares shall be governed by special laws,
the stipulations of the parties, the provisions on partnership and by
the customs of the place. (1579a)

Art. 1685. The tenant on shares cannot be ejected except in cases
specified by law. (n)

SECTION 4. - Special Provisions of the Lease of Urban Lands

Art. 1686. In default of a special stipulation, the custom of the
place shall be observed with regard to the kind of repairs on urban
property for which the lessor shall be liable. In case of doubt it is
understood that the repairs are chargeable against him. (1580a)

Art. 1687. If the period for the lease has not been fixed, it is
understood to be from year to year, if the rent agreed upon is
annual; from month to month, if it is monthly; from week to week, if
the rent is weekly; and from day to day, if the rent is to be paid
daily. However, even though a monthly rent is paid, and no period for
the lease has been set, the courts may fix a longer term for the
lease after the lessee has occupied the premises for over one year.
If the rent is weekly, the courts may likewise determine a longer
period after the lessee has been in possession for over six months.
In case of daily rent, the courts may also fix a longer period after
the lessee has stayed in the place for over one month. (1581a)
Art. 1688. When the lessor of a house, or part thereof, used as a
dwelling for a family, or when the lessor of a store, or industrial
establishment, also leases the furniture, the lease of the latter
shall be deemed to be for the duration of the lease of the premises.
(1582)




Hope this helps. I would advise knowing the law before seeing a lawyer who doesn't!

Larry

 

Thanks for offering that up, though I don't see anything pertaining to my intended use. I'm not going to be growing anything on the property etc.

I'll check out the pros and cons after I'm there.

 

1. Anyone can sue anyone else for any reason. There is no protection from being sued. A contract is an affirmative defense showing the intention of the parties and to admit other information concerning the lease is secondary.
2. Any interpretations of the statutes would have been decided by case law. Since leaseholds would a subject that has been litigated and appealed there would be opinions on this determining the rights of the parties to the contract.
3. Don't assume because the statutes and the case law favor one party that person will prevail. This is the Philippines.

 

Exactly..

When I was selling real estate part time, my broker said that if someone sues you, and you WIN, it can cost you $5000..

 

You can include a provision for attorney's fees in the contract but you will need a judge to sign off on it with an order after you prevail and they don't always adhere to the agreement.

 

Whew! Legalities are really hard stuff. Anyone interested to buy a small piece of lot only for a minimal amount because the land is just small.

 

I get the feeling this project would be more trouble than it's worth..

:p

 

From reading this thread and many others like it; I think I would be an avid renter in the Philippines.

 

I wasn't going to live on or build a house on the property.

It is advisable to rent for a year or more though.