Need your legal advice my Uncle owned a fully furnished condo unit and rented by a family. The husband is a swiss national, wife is a filipino and a 2 year old daughter. We are bound to a contract to lease that they will pay Php 25,000.00 plus since they are using the condo's aminities they will be the one pay the association dues amounting of Php2,500++ with one month advance and one month deposit. The contract is renewable every six months. On the first six months they paid advance total of Php150,000.00 including the one month advance and one month deposit. After 3 months we notify them that they need to pay already the their rent but they refuse and if ok to pay the next six months on the 6th month of their stay in the condo. So again after six months they pay amount of Php125,000.00 with a post dated checks of Php25,000.00. After 3 months we notify them again for their rent since there is only 1 month remaining on their payment. They agreed to pay on the 6 month again so it means they used already the 1 month advance and their deposit is still post dated check.
They issued a check on a sterling bank on weekdays that they assured that this can be withdrawn to any bank. But we found out according to our bank that there is a 45 days clearing of check. We go back again to them and and hand over the check they issued and ask them to replace it a local check. They replaced the cheque of local bank but after clearing it is a closed account.
We go back to them but they are not talking to us. And we found out also that they are not paying their utility bills and association dues for 5 months now.
We request to cut the utility to the admin office. Since this is a five month old unpaid utility amounting of Php79,000.00
We tried to contact them and knocked on their doorsteps but their are not facing us or talking us. But the foreigner is inside the unit.
The one month advance is already used and 2 months rent that has not been paid plus the utility bills we decided to request to the admin of the building that next time they go out they will not allowed to enter the unit not unless they will talked to the owner of the unit.
After 3 days they are still inside the unit without the electricity nd the water they went out and we are informed by the admin security.
We go back to the condo and blottered the case to the barangay. After few hours the security callign us about the comotion at the lobby the only way they can enter to the unit if they already talked to the owner and pay the utility bills. The security only followed the instruction of the request of the owner not to allow to enter the unit.
Right now they are sending us emails that they will file complaint against us if we will not give them their belongings which is properly accountable in the presence of the barngay officials and admin office.
We told them the only way they can get their things is to pay all the bills that is due to them.
We are seeking for advice for this matter.
Thanks and more power!!