Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Evicting a Tenant

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Evicting a Tenant on Fri Dec 28, 2012 11:59 am

earl223


Arresto Menor
Please help... we own two commercial spaces (side-by-side) which have been leased to two different tenants.

Tenant A business is Buko Shake/Buko Juice.
Tenant B business is General Merchandise (Sari-sari store, Eatery, etc).

Both tenants signed their respective lease agreements almost at the same time, and are aware of the other's business. And both leased premises have been renovated (at my expense) to accommodate their business requirements.

Tenant A has not yet started, pending connection of new Electric and Water lines.
Tenant B has been in business for two months now.

Here is when the problem started:
Tenant B began selling different types of products: hamburgers, squidballs, cellphone load, and recently... BUKO SHAKE/BUKO JUICE.

As a result, Tenant B became a direct competitor of Tenant A. As a lessor, we want our tenants to both become profitable and not compete with each other. And since it is Tenant A's only product... we know that Tenant A will be the one affected.

We CALMLY asked Tenant B to remove the new product (buko shake) since they knew very well that it was the business of the second tenant. But they said that we had no right to stop them from selling it. It has come to a point where Tenant B filed a complaint against us at the Barangay Hall for harassment.

Tenant B is claiming that they will loose money if they stop selling buko shake. Tenant A is threatening to withdraw, causing me to lose money as renovations for Tenant A business have already been done.

Amongst the two tenants, Tenant B is showing themselves to be difficult to work with. Can we evict them on these grounds even if not included in the lease contract?

Thank you very much.

View user profile

2 Re: Evicting a Tenant on Fri Dec 28, 2012 12:08 pm

earl223


Arresto Menor
Just to add...

Tenant B is going by our lease contract which HAS NOT been notarized and lessor signatories on last page have been blacked-out with a pentel pen. Is the lease contract still binding?

View user profile

3 Re: Evicting a Tenant on Fri Dec 28, 2012 12:18 pm

adel.villafuerte


Arresto Mayor
Yes. contract are classified as WRITTEN and VERBAL. To make it more valid and effective, let that document be in a public instrument or notarize.

View user profile

4 Re: Evicting a Tenant on Fri Dec 28, 2012 12:27 pm

earl223


Arresto Menor
Thanks for the reply... but is the contract still admissible in court if not notarized? and signatories erased?

View user profile

5 Re: Evicting a Tenant on Fri Dec 28, 2012 12:29 pm

earl223


Arresto Menor
I want to scrap the contract and make a new one... it is not notarized, and lessor signatures have been erased. Can i do that and have the tenant agree to the new contract?

View user profile

6 Re: Evicting a Tenant on Tue Jan 08, 2013 11:42 pm

adel.villafuerte


Arresto Mayor
Contract signed by the parties even not in a public instrument or notarized constitute that a meeting of mind exist before and during its execution and is enforceable. However, if the subject of the contract involves real property, it must be in a public instrument.

Yes, you can demand for the re-execution and/or novation of contract by notifying them.

View user profile

7 Re: Evicting a Tenant on Wed Jan 16, 2013 6:57 pm

earl223


Arresto Menor
Thank you very much for your response. Tenant is giving us a headache by citing loopholes in the contract and is taking advantage of those loopholes. It has come to a point where tenant has no respect for the landlords anymore.

If asked for the reason for the novation of the contract, can we say that the contract has signatories erased and is not notarized? If we rewrite the contract, what happens if the tenant does not want to agree with the new contract? Can we evict the tenant on those grounds?

Also, tenant was given a copy of the contract: Not notarized and lessor signatures erased. What if tenant finds a way to have it notarized?

View user profile

8 Re: Evicting a Tenant Today at 6:37 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum