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HOUSE RENTAL - END OF CONTRACT-harassment

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1 HOUSE RENTAL - END OF CONTRACT-harassment on Fri Oct 22, 2010 12:09 pm

Flor0912


Arresto Menor
Just want to ask about the rights of the lessor and lessee. My tenant contract is about to end this October. I have sent them a 30 days notice that i will not be renewing the contract with them because of the previous problems.

1.Tenant issued checks that bounced almost monthly(replaced with cash buton staggered late payments). Pahirapan ang paniningil.

2.Tenant subleased my properties - nag pa board and lodging cya and told me huli na. It is stated na bawal yun on the contract.

Now my tenant has no intentions of vacating my property, pina barangay pa ako dahil hinaharass ko daw sila. We went there kasi nung Sept to ask for the late rental payment for Aug. Nagbayad naman after 3 days but then they said, di na nila mababayadan yung for sept dahil magbabayad sila ng Aug rental-kaya the Advance payment was agreed to be use as payment. Upon our agreement kasi advance payment will be used for the last month of the contract. Then I drafted a letter about what was both agreed on the advance payment.And syempre aalis na sila dahil ginamit na nila advance nila although oct pa tapos nila. She signed naman the agreement and me witness pa (one of her house boarder. Ok naman ang discussion namin at sinabi pa nya na mag draft ng panibago contract. After a few weeks pinabarangay ako for harassment.

What should i do with my tenant, very arrogant, sila pa nananakot. Di ko na nga sya demanda for bounce checks nya. saka sa pagpaptira nya. What if they dont leave my property on the said date. What is their rights for not leaving the premises?

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2 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Fri Oct 22, 2010 4:55 pm

attyLLL


moderator
how long have they been a tenant? if by end of october, they do not leave, you should send a demand letter for payment of arrears (if any) and to vacate in five days. if they still refuse, you should file a complaint at the bgy for ejectment, and later with the court if no amicable settlement is reached.

are there provisions in your contract that you can cut off utilities?


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3 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Fri Oct 22, 2010 7:09 pm

Flor0912


Arresto Menor
They are just new tenant. Mag 1 year cla on the end of the month ng Oct. Wala na din sila arrears, they used the advance payment already. So happen also that its not on the contract that i can cut utilities. Upon verifying all utility bills..medyo malaki na ang di nila nababayadan. Ung pag gawa ko ba ng agreement letter ay form of harassment? i only wrote was both agreed upon. Di ako makatulog kasi ako pa na complain sa barangay. And they were telling me na di nila ako titigilan sa harassment case na file nila sa brngy. Ako pa ang ng harass samantalang i have been good to them. I may have said some things that is hurtful sa txt kasi napipika ako dahil palagi delayed ang payment and staggered. Im already a senior citizen sbi ko nga maikli na pasensya ko. i need also the rental so i can buy my medicines. By the way, I also learned that the tenant is wanted by the police for estafa and illegal recruitment. Pwede ba sila paalisin na kapag ganun character? Thank you so much.

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4 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Sat Oct 23, 2010 8:39 am

attyLLL


moderator
as long as the letter was not offensive, i don't see anything that should be considered as harassment. as for the text messages, it depends on what these hurtful statements are. it may amount to unjust vexation.

your basis to make them leave is the expiration of the lease. make sure you give a written notice with proof of receipt that you are not renewing the lease.


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5 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Sat Oct 23, 2010 3:06 pm

Flor0912


Arresto Menor
Thank you so much AttyLLL... I have learned so much from this. The written notice was sent via registered mail and i have kept the receipt with me. Now, i can sleep peacefully, since i didnt wrote anything offensive on the agreement that we have both signed.

One more question, can i still complain them for breech of contract - for subleasing my property? I have no written permission given to them. Thanks again.

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6 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Mon Oct 25, 2010 1:00 am

attyLLL


moderator
do you have a written contract of lease where it is stated that subleasing is prohibited? otherwise, it is allowed by law.


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7 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Tue Oct 26, 2010 1:28 pm

Flor0912


Arresto Menor
It is stated in the contract that it is for a residential purposes only with maximum occupany of 5 people. Hindi naka specify yon about subleasing of the property.

pwede ko ba siyang idemanda sa pagpapa board niya sa 6 na tao. Total tuloy ng nakatira sa bahay ko is nasa 12 tao. thanks.

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8 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Tue Oct 26, 2010 2:35 pm

Flor0912


Arresto Menor
hi Atty.. Just want to ask what is the procedure for ejectment. how long will this take place. Do we still need to get a lawyer for this? Tenant said that they will not leave no matter what. Thanks.

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9 Re: HOUSE RENTAL - END OF CONTRACT-harassment on Wed Oct 27, 2010 1:10 am

attyLLL


moderator
first step is to send demand letter that they leave the house. actually it is not necessary for expired lease contract, but it is better to have one. second is to file complaint at the bgy, then ejectment case in mtc. i recommend that you get a lawyer when the case needs to be filed in court.


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