Give an instance where there is an implied new lease.
Under Article 1670 of the Civil Code, if at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been given, it is understood that there is an implied new lease.
Muller vs. Philippine National Bank, G.R. No. 215922, October 01, 2018, [881 SCRA 196]
What can happen if the lessor or lessee failed to comply with his or her obligations?
Generally, if the lessor or the lessee should not comply with his or her obligations, the aggrieved party may ask for either the rescission of the contract and indemnification for damages, or only the latter, allowing the contract to remain in force.
Can a lessee postpone the payment of rent?
Article 1658 of the Civil Code allows a lessee to postpone the payment of rent if the lessor fails to either:
- make the necessary repairs on the property; or
- maintain the lessee in peaceful and adequate enjoyment of the property leased.
Racelis vs. Javier, G.R. No. 189609, January 29, 2018, [853 SCRA 256]
What is laches?
Laches is the failure or neglect for an unreasonable and unexplained length of time to do that, which, by exercising diligence, could or should have been done earlier.
Republic vs. Heirs of Cirilo Gotengco, G.R. No. 226355, January 24, 2018, [853 SCRA 123]
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