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LESSEE Cutting Electric and Water Utilities to force Ejectment

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Aequitas


Arresto Menor
Distinguished Gentlemen:

Is it legal to terminate/cut-off the utilities (water and electric) under my name to force the delinquent/expired contract lessor to vacate my premises. (Brgy. CFA at hand as of 10 February 2013 Ejectment/ Collection of Sum of Money).

What are the possible legal setbacks against me?

Any legal references please? Your help is greatly appreciated.

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jd888


moderator
The Utilities are under your Name right? They are Unlawful Detainers of your Property correct?

You need to cut it off simply because it is additional expenses which you will be payable for, since the Unlawful Detainers are obviously would not be able to pay given the fact they failed to meet their obligation to you.

Go ahead and cut it; yet it is also your Christian duty to be lenient and understanding.

Art. 427. Ownership may be exercised over things or rights. (n)

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder and possessor of the thing in order to recover it. (348a)

Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (n)


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Aequitas


Arresto Menor
Thanks jd888 for the prompt reply.

These factors I havent mentioned above are keeping me hesitant.

1.)They are updated in paying the utility bills
2.)Upon signing the contract, I required them the deposits for the utilities, that even though technically, it is under my name, i have signed a document authorizing them to claim my deposit and transfer it to their names, in consideration to the amount they have paid. They have attempted to transfer it under their names during the first month of lease, but I failed to provide the Property Tax Receipt which is one of the basic requirement.
3.)It is stipulated in the Contract of Lease-(expired-2 months ago) that such utilities are under the Lessee's exclusive account.
4.)It is NOT stated in the Contract that I can terminate the utilities due to delinquency.

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jd888


moderator
Okay, you didn't arrive with Amicable Settlement; then, you have to File for Ejectment at MTCC/RTC using the CFA from Brgy.

Wait for the Court Order then you are most welcome to cut-off the utilities.

It should have been written as clause on your contract.



Last edited by jd888 on Wed Feb 20, 2013 8:00 am; edited 1 time in total


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Aequitas


Arresto Menor
Any legal problems I may incur if I tried to pursue the "Self Eject" vs. "Regular MTCC Filing" base on the facts stated above?

I have been informed by that same Lessor that laws are already existing in other countries criminalizing the offense of illegal eviction. Is it true that laws of the same effect exist in the Philippines?

Is it possible that self eviction could serve as a legal pitfall of a supposedly meritorious case?

Any relevant citations with legal basis is highly appreciated.

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jd888


moderator
A landlord may evict a tenant for non-payment of rent after the third month of no rent payment with the above mentioned three day notice. After which the land owner must sue the tenant, wait for a response from the tenant or a writ from the courts stating abandonment. Only the police can evict a tenant under court order and if the land owner decides to take the matter into their own hands then they will face serious consequences for their actions. Which may include reimbursement to the tenant of their deposit.


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Aequitas


Arresto Menor
jd888 wrote:A landlord may evict a tenant for non-payment of rent after the third month of no rent payment with the above mentioned three day notice. After which the land owner must sue the tenant, wait for a response from the tenant or a writ from the courts stating abandonment. Only the police can evict a tenant under court order and if the land owner decides to take the matter into their own hands then they will face serious consequences for their actions. Which may include reimbursement to the tenant of their deposit.

Based on the presented above presented facts;

"Is it legal to terminate/cut-off the utilities (water and electric) under my name to force the delinquent/expired contract lessor to vacate my premises. (Brgy. CFA at hand as of 10 February 2013 Ejectment/ Collection of Sum of Money)."

"What are the possible legal setbacks against me?"


Legal anchors please. Smile

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attyLLL


moderator
i would not recommend cutting off utilities unless your lease contract clearly stipulates that you are allowed to do so. you can be charged with malicious mischief or unjust vexation.

i recommend filing of ejectment complaint.


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