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Lesee Refuses to Vacate Property

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1 Lesee Refuses to Vacate Property on Sat Jun 02, 2018 10:49 am

shyshyshy

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Arresto Menor
The contract has been terminated three months ago, but the tenant still refuses to leave.

We have no intention of renewing said contract because the tenant is an unruly, loudmouth, and disrespectful individual both to us the lessors and to her fellow lessees.

We filed a complaint to the barangay, and they advised us to take it to the court.

So my question is can we cut off their electricity and water connection?

Also, can we get some kind of monetary compensation for all of the inconvenience said tenant have brought to us?

After all, she have been living in our property for the past three months without paying anything,

Moreover, the rent control act 2009 there's a clause that says violators will pay a fine of a min of 25k. Does this mean that should we win the case, she'll have to pay us? Or does this only applies to the Lessor?

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2 Re: Lesee Refuses to Vacate Property on Mon Jun 04, 2018 12:02 pm

attyLLL


moderator
your recourse is to file an ejectment case at the MTC. you can only cut off the electricity and water if it is expressly stated in your contract.


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3 Re: Lesee Refuses to Vacate Property on Mon Jun 04, 2018 4:18 pm

shyshyshy

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Arresto Menor
attyLLL wrote:your recourse is to file an ejectment case at the MTC. you can only cut off the electricity and water if it is expressly stated in your contract.
In regards to the ejectment case to be filed what should be the proper heading "Unlawful Detainer" or "Breach of Contract"?

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4 Re: Lesee Refuses to Vacate Property on Mon Jun 04, 2018 7:37 pm

attyLLL


moderator
if you're being technical about it, the title should be Complaint for Ejectment and your basis is Unlawful Detainer


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5 Re: Lesee Refuses to Vacate Property on Tue Jun 05, 2018 11:58 pm

arnoldventura


Reclusion Perpetua
Take the lessee to court. Hindi mo pwede ilagay ang batas sa kamay mo. https://www.alburovillanueva.com/ejectment-leased-premises Kung puputulan mo ng utilities yung occupant, baka ikaw pa ang baliktarin pag nag-file yung tenant mo ng action for damages laban sayo.

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6 Re: Lesee Refuses to Vacate Property on Fri Jun 08, 2018 3:44 pm

Lunkan


Reclusion Perpetua
shyshyshy wrote: We filed a complaint to the barangay, and they advised us to take it to the court.
That's bad barangay handling. Barangay captains are suppoused to SOLVE such... Smile

Barangay captains are suppoused to solve cases, which aren't to complicated to be sure, and this seem to be a simple case...
This is to make the courts handle the COMPLICATED cases.
(Asuming the contract don't make it complicated, which it don't seem to do.)

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7 Re: Lesee Refuses to Vacate Property on Fri Jun 08, 2018 4:28 pm

shyshyshy

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Arresto Menor
@attyLLL
@arnoldventura
@Lunkan
Thank you very much!

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