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1 IN NEED OF A LEGAL ADVICE... on Thu Mar 31, 2011 1:06 am


Arresto Menor

My wife and i are having troubles with our landlord in our apartment unit. We have been requesting the landlord to attend to some structural repairs in the apartment since August of 2010 up to date, in which damages are caused by poor materials. In the lease contract it was stated there that all major repairs are the responsibility of the lessor most especially structural defects in the unit. So my wife and i decided to hold our payment for two months not unless repairs have already been made by the landlord. Recently the landlord demanded that we pay the unsettled 2 months payment or we vacate the premises, we wanted to explain why but we weren’t allowed to. She filed a complaint against us in the Barangay for failure to pay our rental bills despite her knowing that there were undone repairs in our apartment. We already have a scheduled mediation in the brgy on April 5, so we thought that we could finally explain our side, but to our shock and dismay just this morning one of the employees of the local water district informed us that there was a request from the landlord that our water meter be disconnected. Is this legal? even though we don't have any unsettled payments to the water company, and isn't what the landlord doing a form of harassment? wanting to have us pay for the 2 months without repairing the damages and also having our water supply disconnected?. By the way our contract of lease doesn't expire until May 8, 2011, my wife and i would really appreciate it if anyone could give us some legal advice in regards to this matter.

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2 Re: IN NEED OF A LEGAL ADVICE... on Thu Mar 31, 2011 5:00 pm


write to the water district that you have enjoyment of the property because it is under lease, and that you will file for damages against them if they cut the water. provide proof that you are up to date with your bills.

you can use this article from the civil code:

Art. 1658. The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. (n)

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