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Non renewal of Apartment rental/lease contract

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1 Non renewal of Apartment rental/lease contract on Tue Feb 26, 2013 11:41 am

chacy2003


Arresto Menor
I was informed that my contract will expire on April 22, 2013 and the owner/caretaker will not renew my contract anymore. (From the first and the last contract I signed dated April 2006 states that 4. That this contract of lease is effective for one (1) year commencing on April 22, 2006. Renewal of this contract shall be at the option of the LESSOR and subject to new terms. )

Question/s:

1. No other reason stated for non renewal of my contract except expiration of lease of contract. Can I contest?
Reason:
a. Good payer, no arrears since I transferred.
b. Abide with terms and conditions of the contract.
c. My unit is well maintained
d. No disconnection of utilities experienced

2. Does RA No. 9653 applies? ( Sec 9.c … formal notice three (3) months in advance of the lessor’s intention to repossess the property?)

3. I will be filing a complaint against the caretakers because I strongly believe that they have influence the Owner (Japanese) to eject me from the apartment because of their personal issues with me. Also they abuse their authority too much to harm and exploit the tenants. What are the possible cases that can be filed against them?

4. In connection with the property, are foreigner allowed to have a house and lot in the Philippines? The foreigner is single. He comes to the Philippines when it is winter in Japan and back to Japan around March.

5. Does he need a business permit for the apartment? Receipts given are not BIR registered? Is this legal?

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shad_marasigan


Reclusion Perpetua
I was informed that my contract will expire on April 22, 2013 and the owner/caretaker will not renew my contract anymore. (From the first and the last contract I signed dated April 2006 states that 4. That this contract of lease is effective for one (1) year commencing on April 22, 2006. Renewal of this contract shall be at the option of the LESSOR and subject to new terms. )

Question/s:

Question 1. No other reason stated for non renewal of my contract except expiration of lease of contract. Can I contest?
Reason:
a. Good payer, no arrears since I transferred.
b. Abide with terms and conditions of the contract.
c. My unit is well maintained
d. No disconnection of utilities experienced

Answer 1: You cannot contest, it is clear from the words of the contract that the lessor has the only right to renew the lease.

Question 2. Does RA No. 9653 applies? ( Sec 9.c … formal notice three (3) months in advance of the lessor’s intention to repossess the property?)

Answer 2: the formal notice is only given to a situation where the owner wishes to reposess the property for residential purposes.

3. I will be filing a complaint against the caretakers because I strongly believe that they have influence the Owner (Japanese) to eject me from the apartment because of their personal issues with me. Also they abuse their authority too much to harm and exploit the tenants. What are the possible cases that can be filed against them?

Answer 3: This would be an entirely independent and separate case.

4. In connection with the property, are foreigner allowed to have a house and lot in the Philippines? The foreigner is single. He comes to the Philippines when it is winter in Japan and back to Japan around March.

Answer 4: No private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain, therefore foreigners cannot own private lands.

5. Does he need a business permit for the apartment? Receipts given are not BIR registered? Is this legal?

Answer 5: Normally lease contracts are binding between parties so business permit may not be needed. Issuance of BIR is not essential unless BIR sees a flaw in the lease agreement [if there is a violation in trade and exculpation of potential liability on government taxes]. The receipts given to you is only a prima facie evidence that he received your payment so that he has an evidence to evict you if you fail to pay.

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