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Problem Tenant - Breaking the lease agreement

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1 Problem Tenant - Breaking the lease agreement on Wed Aug 19, 2015 4:54 am

redalumpihit


Arresto Menor
Good morning po. I would to ask your legal advice on what should I do with a tenant.  We entered into an agreement back in June they will rent my house for a specified amount.  The terms of the contract are as follows:
- One year minimum term
- Two (2) months advance; two (2) months deposit
- No early termination clause
- Payment should be made thru Post Dated Checks given in advance.
- Tenant will pay for utilities (electric, water, telephone/ISP, cable,  association dues).

The contract is a standard lease agreement that a local lawyer reviewed and notarized.

A month ago, the tenant informed us thru a letter they decided to move out of the house due to the following reasons:
- lack of enjoyment and peace
- moving out of the country
and thus would like to collect the security deposit they put in.  We informed the tenant the deposit is forfeited and no longer collectible the moment they decided to break the terms of the lease agreement.
They went to the baranggay and ask the baranggay officials to mediate between us.  During the discussion, they presented photos of their child with insect bites stating now the reason they want to leave is due to health concerns.  We told the tenant and the baranggay officials that we lived in the house for over thirty (30) years and my 2 kids grew up there without any episodes of severe insect bites.  The whole neighborhood knows how well-maintained and well-kept the house is. The baranggay officials even told us they dug a portion, without our consent where the roaches' nest is.
It was then agreed they will leave on Sept 5 after using their 2 months advance, provided they settle all their bills and they make sure no damage was made on the house.
Most recently, we got information they haven't paid their Meralco bill for 2 months already amounting to approximately P22,000 and PLDT bill around P5,500. In addition, they also haven't paid the Maynilad bill amounting to P6,000.  When I called them up to remind them they need to settle their utility obligations, they told us they will and not to micro-manage the situation since they have it under control.  We were also alerted by our neighbors that it looks like they're moving things out of the house due to the presence of closed vans loading big boxes out of the house.  We notified the baranggay but was told it's the tenant's discretion if they want to move things out and all we can do is file a complain.
This has become a huge inconvenience for us.  I would like to know the following please:
1. Can we enforce them to honor the terms of our agreement by collecting the rest of monthly/rental payment due?
2. I understand the security deposit is forfeited once they break the terms of the lease but can we tell them, or rather enforce them to settle their dues first?  They told our neighbor since we do not want to return the security deposit, they might as well make use of it by using and abusing the utility bills.
3. If I bring this to court, will it be criminal or civil?
4. Is it possible for me to sue the tenant for breach of contract? What other possible case(s) can I file? For one, they made the property infested with roaches and pests due to their poor hygiene, is this something I can sue them for?
5. What possible actions can we do?

I know this is a lengthy inquiry and I apologize.  I just want to get all the facts.  I want to know if I have a leg to stand on in case we decided to bring this matter to court.  My friends told me it looks like the tenant is in some sort of a scam renting and moving, always on the run, bouncing from one place to another.

Your input will be greatly appreciated. Thank you very much and more power.

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isellnuts


Arresto Menor
redalumpihit wrote:Good morning po. I would to ask your legal advice on what should I do with a tenant.  We entered into an agreement back in June they will rent my house for a specified amount.  The terms of the contract are as follows:
- One year minimum term
- Two (2) months advance; two (2) months deposit
- No early termination clause
- Payment should be made thru Post Dated Checks given in advance.
- Tenant will pay for utilities (electric, water, telephone/ISP, cable,  association dues).

The contract is a standard lease agreement that a local lawyer reviewed and notarized.
A month ago, the tenant informed us thru a letter they decided to move out of the house due to the following reasons:
- lack of enjoyment and peace
- moving out of the country
and thus would like to collect the security deposit they put in.  We informed the tenant the deposit is forfeited and no longer collectible the moment they decided to break the terms of the lease agreement.
They went to the baranggay and ask the baranggay officials to mediate between us.  During the discussion, they presented photos of their child with insect bites stating now the reason they want to leave is due to health concerns.  We told the tenant and the baranggay officials that we lived in the house for over thirty (30) years and my 2 kids grew up there without any episodes of severe insect bites.  The whole neighborhood knows how well-maintained and well-kept the house is. The baranggay officials even told us they dug a portion, without our consent where the roaches' nest is.
It was then agreed they will leave on Sept 5 after using their 2 months advance, provided they settle all their bills and they make sure no damage was made on the house.
Most recently, we got information they haven't paid their Meralco bill for 2 months already amounting to approximately P22,000 and PLDT bill around P5,500. In addition, they also haven't paid the Maynilad bill amounting to P6,000.  When I called them up to remind them they need to settle their utility obligations, they told us they will and not to micro-manage the situation since they have it under control.  We were also alerted by our neighbors that it looks like they're moving things out of the house due to the presence of closed vans loading big boxes out of the house.  We notified the baranggay but was told it's the tenant's discretion if they want to move things out and all we can do is file a complain.
This has become a huge inconvenience for us.  I would like to know the following please:
1. Can we enforce them to honor the terms of our agreement by collecting the rest of monthly/rental payment due?
2. I understand the security deposit is forfeited once they break the terms of the lease but can we tell them, or rather enforce them to settle their dues first?  They told our neighbor since we do not want to return the security deposit, they might as well make use of it by using and abusing the utility bills.
3. If I bring this to court, will it be criminal or civil?
4. Is it possible for me to sue the tenant for breach of contract? What other possible case(s) can I file? For one, they made the property infested with roaches and pests due to their poor hygiene, is this something I can sue them for?
5. What possible actions can we do?

I know this is a lengthy inquiry and I apologize.  I just want to get all the facts.  I want to know if I have a leg to stand on in case we decided to bring this matter to court.  My friends told me it looks like the tenant is in some sort of a scam renting and moving, always on the run, bouncing from one place to another.

Your input will be greatly appreciated. Thank you very much and more power.

Get a lawyer.

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Filia


Reclusion Perpetua
Pwede mo talagang i-enforce ang contract kasi it is the law between you. Kung hindi naman illegal or immoral ang kasunduan, pwede mo talagang i-giit yan sa korte. Purely civil lang to. Money claims lang naman ang gusto mo. You can file a collection claim with damages na lang. Carried na lahat ng yan.

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Lunkan


Reclusion Perpetua
You will probably winn in court, BUT I believe you will get problem to get the money the court decide, because the tennats will be abroad then (if that's true)... And with such people it's often problem to get money anyway.,.. Sad

Do you have postdated checks from them?
Then I suggest you just cash them in as long as that's possible, and when they bounce, then the tennants have made a crime, which can give jail time for them. (But not if they have left Philippines, but if they will come back,)

So you haven't much use of filing an estafa if they leave the country Mad

Are the utility bills related to your house
or to the tennants?
I mean are you or them responcible to Meralco and such? IF it's them, then it isn't your problem to pay.

So I suggest you just take as much money you can, and IF they leave the country, don't bother to go to court, because you will have almost no chance to get any money from them, but it will cost you... Crying or Very sad

You will lose of it, but many have the opposite - biger - problem = having problem to get bad tennants OUT of the property, so compared to them, you are kind of lucky... Smile

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