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Lessee problem

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1 Lessee problem on Mon Apr 04, 2016 5:56 pm

mheldc


Arresto Menor
Year 2014 nagkaroon kami ng dispute nung lesee namin due to hindi nya sa pagsunod sa conditions with regards to agreed renovation ng old house namin na sya yung magpopondo to give way para sa expansion ng clinic nya. Nasimulan yung renovation pero hindi na itinuloy naiwang nakatengga yung 2nd floor nung bahay namin at may mga gamit na nasira nung umulan, kaya inunti-unti nalang namin yung pagpapagawa na kami na yung gumastos.

Nagbigay ako sa kanya ng lease contract stating that yearly magkakaroon ng increase sa upa nila for 1k per annum. Up to now hindi pa nya pinipirmahan yung contrata at ayaw nya magbayad ng upa for almost 2 years now.

Nareklamo ko na sya sa baranggay and decided to go on court nalang.  Binigyan ko pa ng pagkakataon na baka sakaling magbayad kahit paunti unti but until now hindi nakikipag usap sakin yung may ari ng clinic.

Pano ko sya mapapaalis dun sa property at pwede ko ba syang kasuhan ng damage to property dahil dun sa hindi nya pagtapos nung napag-usapan namin with regards dun sa renovation nung old house namin?

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2 Re: Lessee problem on Wed May 18, 2016 3:46 pm

thepoetsedge


Reclusion Perpetua
Dun sa naunang agreement regarding dun sa pagpapaayos nung bahay nyo for his clinic, was that written in a contract? Or verbal agreement lang?

Pwede mo kasing ipa-enforce yung naunang agreement nyo through court, pero kelangan muna itong ma-prove that there was an existing contract to begin with in regards dun sa renovation agreement.

Other than that, kung di na enforceable yung naunang contract, ask your lawyer to have the repairs done in your house to be justly compensated by the lessee since kayo pa ang gumastos sa naunang agreement.

Have also the remaining rental fees paid, as well, with interest and moral damages asked for since sobrang tagal na rin di nagbabayad ng lessee nyo, which warrants damages.

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3 Re: Lessee problem on Wed May 18, 2016 7:09 pm

mheldc


Arresto Menor
thepoetsedge wrote:Dun sa naunang agreement regarding dun sa pagpapaayos nung bahay nyo for his clinic, was that written in a contract? Or verbal agreement lang?

Pwede mo kasing ipa-enforce yung naunang agreement nyo through court, pero kelangan muna itong ma-prove that there was an existing contract to begin with in regards dun sa renovation agreement.

Other than that, kung di na enforceable yung naunang contract, ask your lawyer to have the repairs done in your house to be justly compensated by the lessee since kayo pa ang gumastos sa naunang agreement.

Have also the remaining rental fees paid, as well, with interest and moral damages asked for since sobrang tagal na rin di nagbabayad ng lessee nyo, which warrants damages.  


Yung pagpapaayos ng bahay namin Sir prior dun sa expansion nung clinic nila binigay ko yung contract/agreement sa staff nung umuupa samin na clinic at ilan beses ko na rin ininform yung may ari regarding dun. Naka-indicate dun kung papano iaawas sa upa yung nagastos sa renovation nung bahay namin even yung breakdown nung balanse until mabayaran even yung gagawin nung nakuha nyang contractor dun sa renovation. The problem is that ayaw nyang pirmahan yung contract/agreement.

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4 Re: Lessee problem on Wed May 18, 2016 8:19 pm

thepoetsedge


Reclusion Perpetua
Why does he not want to sign the agreement? Was there a previous agreement beforehand that proves that he will shoulder the renovation of the old house for the expansion of his clinic as a lessee? The first agreement is crucial since it will prove that the doctor did agree to renovate the old house using his own funds, and not by your own initiative. The agreement that you want him to sign is related to the already-renovated old house with the expenses and breakdowns included, yes?

If there was a previous agreement, was it in writing or was it done verbally?

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5 Re: Lessee problem Today at 7:58 pm

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