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NEED HELP PO > Tenant wants to PRE-TERMINATE THE CONTRACT; also w/ Nested Issues

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ItsJoseph


Arresto Menor
Hello po. I am really looking for help and not sure if this should be in Property or Contracts area.

I had my studio rented out to save money as I am currently not working. It is my first time to have this rented as I was hoping it to be a source of income - money for my mom's monthly medication and aunt's medication.

My tenant moved in Jan 19 and paid the 2mos security deposit when we executed the contract. They promised to pay the 1mos advance and the 11 PDC's as soon as they have set it up because tenant has no bank account yet. Tenant then paid advance after a month. Tenant stayed already for 3 mos and pd 2 mos rent and did not pay on schedule this week.

Tenant asked friend to call me and request to move out. Condo just informed me that MERALCO bills are unpaid for 3 months.

The notarized contract states:

Pre-termination of the lease is prohibited and will result in Accelerated Rent and the forfeiture of the Security Deposit. The Lease Term is non-extendible and non-renewable. In case of failure or refusal of the LESSEE to vacate and surrender the Studio- condominium unit to the LESSEE at the expiration or termination of the lease, the LESSEE agrees to pay the LESSOR double (2x) the Monthly Rental above-stipulated, for each month of delay, as reasonable compensation for the use and occupation of the Studio- condominium unit, until the same is vacated and surrendered by the LESSEE to the LESSOR; provided, however, that the payment by LESSEE of such reasonable compensation shall not be construed as an extension or renewal the lease. A fraction of a month shall be considered as one (1) month for purposes of computing said reasonable compensation due to
LESSOR.

Questions:
1) How do I enforce the contract properly as the person is not speaking to me directly. Should I go immediately to the premises?

2) If security deposit is forfeited and 1 mos advance will be applied to what she did not pay this month, then how can i get her to pay the meralco dues and the other necessities of her usage when it is a semi-furnished unit. Should I go to Merlaco and pay as I have been disconnected and its my name on the record that has been affected. I pay in time and my record was blemished - no more discounts from Meralco.

3) I was very understanding with her for all these 3 months and have acted in good faith, always reminding them of payment and utility bills - how do I ensure that they do not run from their obligation?





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ItsJoseph


Arresto Menor
any advise po for the 1st step i should take?

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