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Landlord dilemma

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1 Landlord dilemma on Thu Feb 07, 2013 3:00 pm

gbgaligo


Arresto Menor
Sub leasing, harassment, intimidation, rights of a tenant, and other matters.

Please enlighten me with some issues that i am facing regarding my lease contract,

I own a small bar (40 sqm) in a commercial area in las pinas, i together with some other bar owners rent it ir sub- lease it from a company, i used to co-own a bar in the same area but because of some personal matters, my partner gave me full ownership of the bar, not knowing there were previous liabilities left by my partner who owned the bar before i became a partner, the landlords and my partner had an agreement to offset my future partners liabilities by transfering to another stall and leaving some equipment and things at the firmer bar, i then became a partner on the second stall the bar occupied, but because was misinformed of the status of the bar, i told my partner that i wanted out of the business and he had to pay back or return all the money I paid but he said he couldnt thats why he gave me dull ownership of the bar including the security deposit he paid and advanced rentals he paid. So the transfer went ahead and i got full ownership through a deed of donation from my former partner. We got transfered to a small unfinished place near the former bar. Here is the start of I think, illegal procedures of the management,
1. During the transfer, the utility men of the admin pryed open the roll up doors without any body from my staff present.
2. They moved us to an unfinished stall which had a mezanine but no stairs, no kitchen too., i complained to them and they promised that they will build the stairs and fix the roofing but it never happened, so after a month if waiting i built a stair for the mezanine habing an agreement that ut would be credited as our rent as soon as we resume operation, wwaited for over 2 months gir them to fix it but to no action from them, on the third month, i was notified by a friend that the admin started hauling all of my things including things that some friends lent or just left at the bar, again they entered without any body from my side present, when i got there, because of my anger, cursed and swore at the men of the admin, after a while, the president and the chairman of the company arrived and immediately intimidated me by saying they are of known family in the city, being one of them the son of a retired general. Ablot of words were thrown at each side but eventually cooled down by the brgy tanod and the police. After the arguement, they realized they were at fault that they appologized and offered another space, the third one and presently the bar now. But i had to wait for 3 months before i get transferred saying that i will have a new contract but the assets like sec dep will still be with them together with all of my equipment, and that they will deliver these things as soon as the place gets vacated, on the 3 month waiting period, the president and i had regular meetings to talk about my business and he asked for a toatal of 160k for me to have the contract and the agreement was i could start as soon as the place is free and that nothing would be taken out of the place but when i got there, the place was stripped bare so i told the president of the situation but only promised additional 15 days moratorium on the rent and some scrap wood for my renovation, because of the extent of the renovation, i opened on ythe last week if october but had to pay nov 1 the rent for november, it was prepaid and that it was on the contract, i told him i didnt eeceicve from them any contract yet, only acknowledgement receipt and draft of the contract which i told them i dont agree with because if the provisions like that of the advanced payment scheme. Since then having meetings with them git difficult tjat i jas to literraly beg them to allow me to open, they allowed me to open but the things they hauled from the second space would be personally picjed up by me, contrary to what they promised, for me not to loose more days, i picked up my things but some were missing, they promised to look for it, but until now nothing.
3. Since october, because of the delay in payments due to the renovation costs, i get constantly harraaed by the management with demand letters, even foul language but the worst is cutting off my utilities when they would want me to pay up, they always say im at default of the agreements in the contract but as i have said, i still dont have a copy of the contract and i have not signed any contract of lease yet. Uta the third time that my electricity was cut off by the utility men of the company not by meralco. They even tried to nail my door shut without any demand letters or notices..just my billings. Its been 3 months since i started in this place but got harassed since then too. Honestly i like the place abd we already have a strong following, but having legal battle with the landlorsa would affect my status at the place. My questions are these
1. What were the illegal things i and they commited?
2. What should i do with the contract? The agreed refunds?
The receipts by the way are only acknowledgements no OR issued since their business started
3. Should i sue them? With what? What do i need?
4. What are my rigts they violated?

One more thing, they overcharge tenants in electricity, they claim ita under their name and most establishments are on submeter so they ask for the payments, they read the meters themselves. Please do enlighten me

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2 Landlord on Fri Feb 08, 2013 2:24 pm

shylock


Arresto Menor
I too have some issue with my landlord, i have a shop, in front is two parking space, i collect parking fee to anyone who parks on it, one hour for twenty peso, when the landlord found out what i was doing he confronted me and told me that the parking is for everybody (what an idiot) i told him what about those who parked their vehicle and left it there for a while blocking my shop, the only thing he said is shooo them away how can i do that when the owner of the vehicle is not there and if i do that it would only cause trouble, so to save me from that i only ask for the parking fee. The owner was so irate with this, and there is one owner of a car who is my customer who parked there in front of my shop in exchange of monthly fees, when the landlord found this out he was so furious with me telling me that i should not sublease any part of my rented space. I wanted to know what is my rights on this. we don't have Contract of lease signed by both of us, he (landlord)just gave me a copy of his COL and according to him that was his rule pertaining to my rent on the shop. It only says in there that the lessee should not sublease any part of it, without prior permission to him. Please let me know what to do with this, i'm just trying to earn an honest money, and i was never late with any of my rental dues. Thank you.

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3 Landlord dilemna on Tue Feb 12, 2013 1:19 pm

shylock


Arresto Menor
worst he told me that he will not accept my payment anymore. if i let anyone use the parking space, he even told me that even if i complain to the brgy. he is not afraid, his wife is the brgy. chairwoman, any advice on this is much appreciated. thank you.

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