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Ejectment case

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1 Ejectment case on Tue Dec 07, 2010 9:07 pm

Vanilla Sky


Arresto Menor
Hello po,I hope you guys can give me

legal advice regarding our problem with my

auntie kc nag hiwalay na po sila ng uncle ko

and naiwan cla sa bahay ng uncle ko na sa

lola ko naka pangalan, lahat po ng nasa

compound na un eh inaaway ng auntie ko

kaya nagdesisyon ang lola ko na paalisin

sila sa lupa na tinitirahan nila ngaun,

ayaw po nila umalis at sinasabi nila na

aalis lang sila kapag binayaran ung bahay.

Nag file na po ang lola ko ng ejectment,

kailangan pa po ba talaga bayaran sila

para mapaalis sila dun?Salamat po.

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2 Re: Ejectment case on Wed Dec 08, 2010 6:12 pm

attyLLL


moderator
my position is that they are builders in good faith so i believe it is right that they be reimbursed for what they built.


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3 Re: Ejectment case on Thu Dec 09, 2010 12:44 pm

Vanilla Sky


Arresto Menor
thank you po sa reply, i just wanted to add na ung tito ko po kasi ang nagpatayo ng bahay at gusto na niya paalisin dun ung asawa niya dahil po lumilikha lang po ito palage ng gulo sa compound. Maari po ba na may makuha pang pera ang auntie ko gayong hindi naman siya ang nagpatayo nito?at ang lupa po ay nkapangalan sa ina ng ucle ko. Maramming salamat po.

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4 Re: Ejectment case on Thu Dec 09, 2010 5:02 pm

attyLLL


moderator
the aunt, being wife of the uncle has the same property rights.

you can proceed with filing the ejectment case at the bgy. hopefully, there will be some form of settlement. you can try to make it appear that possession was by mere tolerance so there is still a right to eject them.


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5 Re: Ejectment case on Wed Dec 15, 2010 10:55 am

Vanilla Sky


Arresto Menor
thank you po sa advise atty. maraming salamat po. May God bless you po and your family.

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6 Re: Ejectment case on Sat Jan 22, 2011 4:57 pm

Delia Santos


Arresto Menor
Good day! Just registered as a member today. I wish you can give me an advise for a tenant whose arrears reaches 10 months already. Pangako ng pangako na magbabayad pero di naman ginagawa. Until we gave her the last warning to settle her obligation or just leave the apartment pero until now di pa rin iniiwan. Its been three months now that she never show up but she gave her key to her brother who has instruction from her to get all her belongings in the apartment.
What right do I have over her things na naiwan? Can I padlock her door so hindi mapasok ng brother nya? Can I get the key from his brother?
Please advise....mahirap din pala ang sobrang mapagbigay.

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7 Re: Ejectment case on Sun Jan 23, 2011 10:01 am

attyLLL


moderator
unless it is written in your lease contract, you do not have a clear legal right to a retention lien on her belongings.

the law is not very clear in these situations, but what it does say is that you should not take the law into your hands by forcibly evicting someone.

on the other hand, if there is no one there for several months, you can argue that it has already been abandoned. what some lessors do is take the belongings for safekeeping.


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8 Re: Ejectment case on Mon Jan 24, 2011 8:56 pm

Delia Santos


Arresto Menor
Thank you so much for your advise. Since the place is considered abondoned for several months by my Lessee and only his brother shows up to pack things for her, do I have the right to get the key from her brother so that she may be aware that I am not allowing anyone to remove her belongings unless she show up and settle things amicably with us? In this way, she may be forced to show up or talk with me. I have no plan to remove any of her belongings in the apartment but will definitely seek our Brgy intervention at this point.
Please advise.

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9 Re: Ejectment case on Tue Jan 25, 2011 12:46 pm

attyLLL


moderator
if he gives the key to you, then no problem. don't you have a spare key?

serve a written demand to pay for past arrears and to vacate within 5 days. serve it on the brother since it seems he has been authorized to represent her.

try hinting on a bluff. tell the brother that on a certain date, you are forcing the door open and take the belongings out. maybe this will bring her out.


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10 Re: Ejectment case on Sat Nov 26, 2011 7:23 pm

Placabian


Arresto Menor
sample form of an unlawful detainer please. Thank you

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11 re:ejectmnet case on Tue Mar 06, 2012 2:14 pm

curlytops1


Arresto Menor
pls help me on this.. di na kami nag renew ng contract ng bahay kc tataasan ng may-ari ang upa tapos gusto pa nya mangyari na maging non consumable ang deposit namin... 2 months before mag end nang contract kami nag usap na di na kami mag renew though nanghingi kami ng 1 month extension para makalipat sa tinitirhan namin... kaya lang nagka aberya yung bahay na lilipatan namin kaya humingi kami ng 4 days extension... ayaw po pumayag ng may ari kc naka compromiso na daw sya sa bagong lilipat, nag pirmahan sila ng contract 15 days before mag end ang extension namin... pwede po ba nya akong paalisin ng wala sa oras kahit di pa available ung lilipatan ko?

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12 Re: Ejectment case Today at 4:36 pm

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