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no occupancy permit

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1 no occupancy permit on Thu Apr 07, 2011 12:36 pm

djuan


Arresto Menor
hi, i'm just wondering if there is a breach of contract when the landlord failed to apply for the occupancy permit of the commercial space. it's been several months already and the landlord seems to be uninterested in acquiring the necessary permit for the building. in the contract between the lessee and the lessor. the lessee acknowledges that the leased space is in "good tenantable condition" with the belief that the landlord had already acquired the necessary permit for the building.

so my question is, was there a breach of contract? and am i right that it is the responsibility of the landlord to get all the necessary permit (e.g. occupancy permit) before he even lease the property?

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2 Re: no occupancy permit on Sat Apr 09, 2011 8:37 am

attyLLL


moderator
if you are unable to use the leased premises because you lack the occupancy permit, then it can be considered a substantial breach. but if you are able to do so without the permit then there is no actual breach yet. is the city building official giving you problems?

the main obligation of the lessor is to maintain you in peaceful possession of the leased premises.


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3 Re: no occupancy permit on Sat Apr 09, 2011 9:32 pm

djuan


Arresto Menor
@attyLLL: thanks for the reply.

the city hall have told us to submit an occupancy permit to complete our requirements. but the landlord do not think it is necessary to get an occupancy permit.

we were told that if the landlord cant get an occupancy permit, we can be fined and/or closed too. can we then sue the landlord for breach of contract if we get fined by the city hall? or can we terminate the contract for the breach?

the landlord also don't have an offiial receipt which means he might not have registered with the bir. that is why we also didn't pay him the 2months rent (though we already gave him a 2months advanced rent when we signed the contract) because we want him to give us an official receipt for the transaction. did we do what's right by not paying him until he can give us an official receipt for the transaction?

can we also refuse payment if he can't provide us with an occupancy permit? or if city hall padlocked our store because the landlord did not have an occupancy permit, can we refuse payment until he can provide us with the occupancy needed by the city hall?

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4 Re: no occupancy permit on Tue Apr 12, 2011 6:36 pm

attyLLL


moderator
as long as you are occupying, you should pay. it is only when you are no longer able to occupy can you claim breach.


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5 Re: no occupancy permit on Wed Apr 13, 2011 12:31 pm

djuan


Arresto Menor
thanks atty

i just find it very unfair to be fined for something that is not our fault. what can we do to make the landlord comply with the requirements that cityhall is asking. kasi sabi ng cityhall official na magmumulta daw kami kapag di pa namin maibigay ang occupancy permit. can that be a breach? we don't know what to do anymore because we already made the request to the landlord several times but until now he still can't present the occupancy permit.

and one more thing, the landlord also have cars and trucks in front of the leased premises that obstruct the customers access to the leased premises. there's also an on-going construction within the building that cause the front part of the leased premises to be very dusty because of the sand and gravel sa gilid ng inuupahan. what can we do in this circumstances?

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6 Re: no occupancy permit on Thu Apr 14, 2011 10:06 am

attyLLL


moderator
put some saw horses in front of your shop and put sign that say reserved for customer.

ok, as a first step, write to your landlord to threaten them that you will not pay unless they provide the permit. are there post dated checks?


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7 Re: no occupancy permit on Thu Apr 14, 2011 3:22 pm

djuan


Arresto Menor
we only paid 2months advance and 2months deposit even before we signed the contract. we didn't give him any postdated checks for the rentals.

our problem is that the landlord thinks that he has the right to the lot/parking space in front of the leased premises even if it already obstruct the access to our store.

sa lahat ng mga landlord na nakilala namin at naka-deal, sa landlord na ito lang kami talaga nagkaproblema, he has a bad temper kasi kapag hinaharap naman namin and we request something, he usually ignores it, at kapag pinapaalala mo naman lagi ang request mo, magtataas naman ng boses and kami pa ang babaliktarin na naghahanap lang daw kami ng gulo kahit tama naman ang mga kahilingan namin coz we believe there's nothing wrong to ask him to clear the space in front of the leased premises or to provide us with the occupancy permit kasi nga maaapektuhan ang business namin kapag di niya ginawa yung mga simpleng kahilingan namin. hindi naman yun malaking bagay. minsan naiisip na nga namin na tapusin nalang namin ang 4months na naibayad na namin at umalis nalang sa lugar kaya lang baka baliktarin na naman kami na kami pa ang nagbreach sa kanya na siya na nga ang kulang-kulang ang requirements tapos magagalit pa kapag nagrequest ka sa kaya. haay, sakit na talaga ng ulo namin pero it had been a lesson for us.

maraming salamat po atty. kahit paano kahit man lang makapagpalabas tayo ng sama ng loob dito kasi nahihirapan na rin kami sa situation namin kasi ngayon lang talaga kami naka-encounter ng ganito kahirap kausapin na landlord.

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8 Re: no occupancy permit on Mon Jun 27, 2011 8:44 pm

Catfish


Arresto Menor
Hi, so glad to find a forum with topic like this. Have the same problem with occupancy permit. Ask ko lang if we need to go back to basic. yung establishment kasi matagal na exisiting. It started as residential then later on yung tenants nagtayo ng business. Sya na rin ang kumuha ng occupancy permit para ma start business nya.After several years iniwan na nya ang space at pinasa sa iba but the documents na na secured nya, she kept it herself. Yung new tenant now hinahanapan ng occupancy permit but the establishment itself wala. I hope you reply with the ff. questions:
1. Ano ba kailangan secure to legalize eeverything?
2. Mahal ba mag secure ng mga permits?
3. May penality ba kung ngayon lang kuha ng bussiness and occupancy permit consider na matagal na existing ang building at na-rentahan ng mga tenants?
4. ano ano ba requirements para ma-prepare ?
thank you in advance .. Please reply

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9 Re: no occupancy permit on Sun Jul 03, 2011 12:28 pm

attyLLL


moderator
you can try to acquire a certified true copy of the occupancy permit from the office of the building official.


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10 Re: no occupancy permit on Sat May 26, 2012 9:43 am

yeyeng18


Arresto Menor
hi., just want to ask po kc nagrerent kami sa isang building and then nung nag apply po kami for mayors permit sabi po ng city engineering ay wala na daw po occupancy permit yung building, according po sa my ari ng building eh nag cocomply daw po cla para mabigyan ng occupancy..legal po ba na nagparent cla kahit nagcocomply pa lang cla at on process pa lang ung occupancy nila?..please please help po..thank you

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11 Re: no occupancy permit Today at 10:20 am

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