JUDICIAL DETERMINATION OF PERIOD OF LEASE OF URBAN LANDS WHEN NO

PERIOD IS FIXED IN LEASE CONTRACT, COMPLAINT FOR

________________________________________________
(Caption and Title)

The plaintiff, through his undersigned counsel, to this Honorable Court respectively
alleges:

1. (Averment of names and address)

___________________________ ________________________

___________________________ ________________________

___________________________ ________________________

___________________________ ________________________

2. That the plaintiff is the lessee, and the defendant is the lessor, of the premises
known as No. ___ ________________ Street, ______, Philippines, as a building used for
residential purposes.

3. That the plaintiff and his family have been occupying said premises continously
since ____________________, 20___ (must be more than one year prior to the
complaint), paying regularly a monthly rental of ____________________ Pesos (Php
_________) to the defendant.

4. That no period for the lease is fixed in the contract between plaintiff and
defendant, and inspite of repeated requests of the former, the latter has refused,
neglected and failed to fix such a period.

5. That the plaintiff has established a barber shop in the premises for which he
spent the amount of _________________ Pesos (Php _______), and said barber shop
has already established a sizable patronage; and he deems it equitable to be entitled to
more stability in the lease of the premises.

WHEREFORE, it is respectfully prayed that after due hearing, this Honorable Court
issue a judgment fixing the period of said lease to a term most convenient and equitable to
the parties as this Honorable Court shall deem. Plaintiff prays for such other relief of
remedies as this Honorable Court shall find necessary.

_________________________________________
(Place, date and signature)
NOTES

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)

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