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Ejectment (Unlawful Detainer)

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1 Ejectment (Unlawful Detainer) on Wed Oct 27, 2010 2:13 pm

gebalancio


Arresto Menor
I am a landlord of a commercial unit in Manila. On August 2010, I entered into a compromise agreement with my tenant before our baranggay chairman to fix the period of his lease until March 2011. However, I failed to stipulate in the compromise agreement the rentals for the use and occupancy of the subject premises.

On September 2010, I asked my tenant for the rentals but he refused to pay on the ground that there is no stipulation of rentals in the compromise agreement, therefore, his stay is for free. He further claims that since I am the one who drafted the compromise agreement, I am solely responsible for any mistake found thereat.

Questions:

1. Whether or not the claim of my tenant is valid?

2. Whether or not can I file an ejectment suit against him on the ground of non-payment of rentals.

I hope you can shed me light on the matter. Thank you and best regards!

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2 Re: Ejectment (Unlawful Detainer) on Wed Oct 27, 2010 11:30 pm

attyLLL


moderator
oh, a lapse in draftsmanship. there are possible remedies, but the best I can think of is filing a case for reformation of the agreement, or renunciation. another possible remedy is to file a small claims case for enforcement of the agreement and argue that the rental was meant to be understood to be included and that the rental agreement only affect the portions discussed in the agreement

i cannot imagine the tenant believed that it would be rent free. good luck.


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3 Re: Ejectment (Unlawful Detainer) on Thu Oct 28, 2010 9:25 am

gebalancio


Arresto Menor
Thank you for the opinion. Godspeed... Smile

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