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Renting out our house without any contract/lease agreement

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JengMB


Arresto Menor
Hi Atty.

Our situation is like this..We are rentig our 2 bedroom house without any contract kasi kakilala naman.. All we had was verbal agreement. My mother was able to issue a few receipts of payment but unfortunately, it was only in the beginning of the tenancy. They gave us 1month advance and 1month deposit then the following months were paid according. But last year, since october, they've been missing out the rental until it accumulates to 3months of unpaid rent and failed promises. January they have issued 24k post dated cheque but told us not to deposit yet because in case they would have some cash, they will pay us cash instead then they will take back the cheque. The date on the cheque already passed and still no cash payment. Again, nakiusap na naman.. After a week they paid 18k only and the month of january is almost over, so it means it's another month again. Feb 2013, they paid another 6k but my mother never returned the cheque anymore coz for my mum's reason, they still owe us 2months and counting.. We haven't received any payment until now(May) since their last payment of 6k last feb. We couldn't file any legal complains due to not having any contract. We even asked them to vacuate the place 2months ago. They said they will leave the house after the elections and suggested they even asked us if we can give them until May20 for them to move out and pay whatever they owe us.Now it's May22, and another promise is given whcih I refuse to accept. Now my question is, is there any way that we can protect our right (without having a contract) as the owner of the property and collect the unpaid rent they owe us and secure that whatever utility bills they have consumed will be paid? And how about the 24k post dated chequed issued to us that was not returned to them, will it cause a problem to us or we can use it against them?

Please advice.

Thank you very much.

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verba legis


Arresto Menor
I suggest that you bring this matter first to your barangay for mediation because it seems that you do not want this to escalate in court.

However, to evict them for non-payment of rentals would inevitably require the intervention of the court.

For now, you may prepare your demand to vacate.

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JengMB


Arresto Menor
Thank you for the reply.

We already tried to bring this matter to our barangay and they tried to summoned our lessee but he never came. Their house helper also filed a complain in the barangay for not compensating her for several months but nothing happened. The poor girl still haven't received her pay.

If we are to file a case, under what grounds and do we have a chance? Will it be valid if we ask them to sign a promisory note?

All i want is to have an assurance, in black and white, that they will pay us no matter what even we had no contract. I'm also scared that they might leave the apartment without us knowing. We live quite far from our apartment and there's no way we can regularly check if they are still there.

Please advice us.

Thank you very much.

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verba legis


Arresto Menor
Unlawful Detainer

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bassty21


Arresto Menor
Hi Atty.
, pwede rin poh ba akong mag post dito halos same poh kmi ng problem pero ang sakin poh nakakabayad sila but i need the apartment para sa kamaganak ko poh gusto ko poh silang pa evacute hndi na poh ako tumanggap ng bayad sa kanila pinapatapos ko na lng poh yung deposit nila. and nag bigay na poh ako ng demand letter tama poh ba ang gingawa ko? ano poh bng mabisang gawin para maka tira na ang family ko.

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alexisbantilan


Reclusion Perpetua
Hi JengMB,

You don't have written contract?
Considering na high end siguro ang paupahan mo?
Were you able to pay taxes for that income from rental?
Do you tax mapped from your city?

The law provides, 3 months period for you to evict your tenant.

By laws, you will need court eviction order for you to evict your tenant.



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cing99


Arresto Menor
hello po!

pareho po rin sa akin, umalis lang na hindi nagbayad ng
unpaid balanced almost 7.000 due to her damages and cleaning
bills, sabi ibalik ang susi the day after dahil mag cleaning pa sila, almost
1 month hindi nagpakita nag promise nga babayran nila pero wlang nangyari,
pinatawag ko sila ng barangay 2x but they dont come.

my question paano ko ma cocolect ang balance? anong klasing kaso ang isampa ko sa kanila?
may contrata rin kami she breach the contract. may promissory rin siya.

please help me, may business permit tin kami at nagbayad rin kami ng tax sa BIR.

iplease help hme ow to collect the rest unpaid balance ?

thank you po!

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Good day Atty! I'm Boots Santos of Imus, Cavite . Sa case naman po ng father ko, nagre rent po sya.This month Feb. 2014, kunin na po sya ng sis ko. Na inform na po nila yung anak nung may-ari , and ask kung may makukuha pa at magagamit yung 1 mo advance/ 2 mos. deposit. .wala daw pong mare-refund and need pa ng father ko na magbayad for rent this month. Ano po and dapat naming gawin? May resibo po kami na proof nagbigay father ko ng P10,500(3,500/mo)

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alexisbantilan


Reclusion Perpetua
santosbarbara75@yahoo.com wrote:Good day Atty! I'm Boots Santos of Imus, Cavite . Sa case naman po ng father ko, nagre rent po sya.This month Feb. 2014, kunin na po sya ng sis ko. Na inform na po nila yung anak nung may-ari , and ask kung may makukuha pa at magagamit yung 1 mo advance/ 2 mos. deposit. .wala daw pong mare-refund and need pa ng father ko na magbayad for rent this month. Ano po and dapat naming gawin? May resibo po kami na proof nagbigay father ko ng P10,500(3,500/mo)

No need to pay for this last month because you will need to consume your one month advance.
Now for 2 mnths deposit, go to barangay and file money claim. wala naman kyo ksunduan before na hindi ibabalik ehh..or you need to consumed the rest of two months.

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