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Notice of termination of Lease

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1 Notice of termination of Lease on Tue May 09, 2017 6:04 pm


Arresto Menor
Hi, first of all i want to say that property that we are paying lease every month is for the land only. We've been living here for 32 years without any lease agreement at all.

So here is the situation, we received a letter from a law office that the claimed owner is already terminating our lease of agreement(which doesn't exist at all) and the claimed owner is only the heir of the deceased owner of the land. Another problem is that they don't have the land title and just giving us 60 days to vacate the land.
Question is do we have any rights to fight for this land? it doesn't matter if they will sell it to us as long as they have the title but they don't and want us to evacuate immediately.

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2 Re: Notice of termination of Lease on Wed May 10, 2017 6:47 pm


Reclusion Perpetua
The fact that you said that it's a lease you're paying for means that you do not have any claim to the land, despite living there for 32 years.

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3 Re: Notice of termination of Lease on Wed May 10, 2017 7:32 pm


Arresto Menor
We are not claiming it as ours. Like I said, we are willing to buy the land, but the problem is the "claimed owner" who is asking us to leave in 60 days doesn't have the land title. So what should we do?

Anothe thing, there's still a Rent control act(RA 9653) up to Dec this year. Our case is still included on the said law? right?

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4 Re: Notice of termination of Lease on Thu May 11, 2017 6:16 am


Reclusion Perpetua
You were not offered to buy the land, yes? You are willing to buy but the owner/heir is not willing to sell, they actually retained a law office to initiate ejectment against you.

Do you need proof of ownership from the heir? When you yourself said that the claimed owner is the heir of the deceased owner of the land, yes?

Are you in a highly urbanized area? (for rent control)

What do you do?
Do you want to stay on the land? Offer to buy it at fair market value. It's the price at which the seller is willing to sell, and you are willing to buy. If you cannot come to an agreement, then what the owner/heir may do is have you ejected from the lot. They may not have a lease agreement but there may be papers or affidavits or receipts that will show that you're only renting the lot.

The problem is that the owners/heirs want to use the lot but the tenant for 32years is refusing to leave. For example, if you're renting an apartment and the owners want to use the apartment, you are really given a number of days to vacate the place.

You may go to court (as a last resort, if you really want to fight to stay there and you think you have a claim) but the process is lengthy and expensive, and there is no guarantee of a win.

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