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contract of lease / threat by the tenant

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1 contract of lease / threat by the tenant on Wed Jun 06, 2012 11:48 pm

frapal


Arresto Menor
I am the owner of a unit for rent. I went through an agent and signed a contract to lease with someone about to run business and sublet my unit.

The contract starts on June 15, 2012. The original contract date was June 10 but it was changed from the draft contract. Fine.

Now the tenant sends me a letter saying that
- because she didn't receive the key, clearance of the bills and pictures from the agent,
- because she told me to give her 15 days allowance for cleaning, fixing, arranging things (which is not true because i have never met her, only the agent and her representative)

she is sorry to say that she will charge me 2000 perday penalty for not "giving me the things that we talked about, starting today".

I already cleared the cheque of one year in advance and one month deposit (second month deposit was supposed to be given when bills were shown cleared), and the money is already in a term deposit acount.

Note that the agent is not mentioned in the contract, and she is the one who handed me the letter from the tenant.

The contract says that for any pretermination, the tenant will lose all their deposits and advanced payments.

What is your advise attorney?

Regards

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2 Re: contract of lease / threat by the tenant on Wed Jun 06, 2012 11:59 pm

frapal


Arresto Menor
I forgot to specify that the issue of 15 day allowance or anything she mentioned was never mentioned during our negotiations, nor in the contract.



Last edited by frapal on Thu Jun 07, 2012 12:00 am; edited 1 time in total (Reason for editing : repetition)

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3 Re: contract of lease / threat by the tenant on Mon Jun 25, 2012 11:31 pm

frapal


Arresto Menor
Well noone replied to my initial post but I will make an update.

I went to the barangay to try and mediate, summoning the tenant to come verify their id (the contract was signed by her representative but he signed on her name and didnt show me his SPA) and explain the grounds for her letter.

She failed to come, only the agent did. On the 15 still no trace of her, only her husband who claimed she was out of the country but the Dept of Immigration has no travel record for her. So of course i couldnt leave the keys to him, without checking the tenants id and getting explanation about her letter.

On the 16th, I noticed them the contract should be rescinded since she failed to verify id, appear herself, and pay the additional month deposit required. I said that i was prepared to return the monies within 30 days after she appears at the barangay, providing her id and account details.

Shortly after they received my letter, their lawyer sent me a letter still claiming the refund PLUS the penalty because I failed to my obligation and she couldnt move in two weeks before contract started, to prepare the room for her friends(sic!).

There is no ground whatsoever for their claim, but I wonder what i should to protect myself and possibly get compensation for all the mental anguish this has caused me. I was willing to return all money before but this is now too much.

Many thanks, i hope someone takes the time to read and reply this time, preferably a lawyer.

Regards

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