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tenant not paying

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1 tenant not paying on Wed May 04, 2011 7:11 pm

Taki


Arresto Menor
a tenant is delinquent. When they are asked to leave (if they will not pay) they claim that according to LINA LAW they cannot compelled to leave until they are able to find another location/house to rent.

Is this correct?




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2 Re: tenant not paying on Wed May 04, 2011 7:14 pm

Taki


Arresto Menor
a tenant is delinquent. When they are asked to leave (if they will not pay) they claimed that according to LINA LAW they cannot BE compelled to leave until they are able to find another location/house to rent.

Is this correct?

(updated)

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3 Re: tenant not paying on Fri May 06, 2011 8:41 pm

attyLLL


moderator
no, that's not right, but unfortunately, if they refuse to leave, you will have to send a demand letter to pay and leave, a case at the bgy and a complaint at the municipal trial court before they can be legally evicted.

try tactics like asking the electricity and water to be suspended, but most utility providers refuse.


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4 Re: tenant not paying on Tue May 10, 2011 4:56 pm

floremarlove


Arresto Menor
Hi, I need your legal advise. I and my husband received a summon from brgy. about the house we rented. I attended without my husband, as he cannot jeopardize the operation in the shipyard. The hearing started with an idea that the landlord seek advice to this Councilor (prefer not to name her). She advised them to make a letter and have it received by us. The letter stipulated that advising us to vacate the place by June 01. The Councilor who advised them is also the one to sit with us during the hearing. We disagreed by not receiving the lettter. I answered the Councilor that having that date is not possible. Some facts:
We rented the house for almost 2 years now. We rented it for P3500.00 here in Cebu. The landlord had asked if we are interested to buy the house for P800,000. After knowing it, we decided to contact Pag-ibig if we can possibly apply for it thru HMDF Housing Loan. After inquiring, we only learned that the house is sitll under mortgage but to a different name. So we ask the couple about the history. That the house was mortgage from Pag-ibig under Ms. Cuevas, and most likely assumed by Ms. Palban. This couple is a relative to Palban. We knew from Pag-ibig that the unit was forclosed.

In this connection, we signed a contract but we were not given a copy. WE all have the receipts and so as the receipts of the 1 month advance rent and 2 mos. deposit. Now that they are declaring to let us vacate the place by June 01, 2011 because they would like use it. For the month of April we only lack of P1000.00 due to that we encountered medical problems with our kids.

My concenrs: 1. what we should do as we will be having another hearing with the barangay?
2. Sorry to say this, I find the Councilor has been biased, since she tolerated the fact that they landlord had been receiving monthly rentals to a forclosed unit owned by Pag-ibig. Accdg to her, they are still the rightful to eject us as long as the landlord wants. But based on the Rent control Act of 2005, we had not violated any.

I need your helpful advise.

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5 Re: tenant not paying on Wed May 11, 2011 12:53 am

attyLLL


moderator
when was this foreclosure? they have one year to exercise the right of possession.

how much is the redemptive price? you can redeem it from hdmf and the property will be yours after redemption period.


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6 Re: tenant not paying on Wed May 11, 2011 10:22 am

floremarlove


Arresto Menor
it had been foreclosed for more than a year? i think. as far as I know as hdmf had told me, they had 38 months of arrears and the unit had been foreclosed. The unit had been subjected as an acquired asset of hdmf. they are just waiting for the final process. once, it is done then, they will offer or bid that to us if we are interested. Since we are the present occupant. That's our concern, because the couple would like us to vacate the place by June 01.

redemptive price? it would not reach more than P500,000. all we need to do is to pay reservation of P1000 and 5% DP of the principal amount. That is why, the hmdf questioned the amount set by the couple. Since they intend to sell the house around P800,000 even if it is still under mortgage with hmdf and the only papers they can give to the buyer is like, Ms. Cuevas issued conditional deed of sale or authorizing Ms. Palban to assume the unit. This couple who happened to be a relative of Ms. Palban, also confidently had told us that they were issued by Ms. Palban an SPA 10 years ago to use the unit who happened to be our present landlord.

But according to this Ms. Councilor, even if they had not paid the mortgage for 25 years, the couple is still the rightful owner because accdg to the couple they have all the papers from ms. palban. but during the hearing they did not show us the paper. Ms. Councilor did not asked them to present it. Instead she cited also that hmdf has nothing to do with our internal transaction with the couple. she add on that hmdf is not also the rightful agency to say that the lessor has no right to let us vacate the place even if it is foreclosed. What I dont understand from this Ms. Councilor is that, instead she is the one to put things legally, she tolerated the couple's wrong practices of having the unit rented but not paying the mortgage to hmdf. We just found out when the couple offered it to us for sale. I just find her biased during the hearing.

Also, as I have read the Republic Act of Rent Control, we have not violated anything from the provisions. As what I understand they can only eject us from the place if we have not paid the monthly rental for 3 months. But with the provisions, is there anything we can do if they will declare to use the facility? Under the provisions, they should have given us 3 months advance notice. If we will ask them with this 3 months noticed, do we need to pay the rental during the 3 months duration. Being cited in the provision that lessor has to return our deposit and advances, right? One more provision that the lessor prohibits the lesse from ejections if the unit is under for sale or mortgage. is this applicable for us?

By the way, thank you for the prompt reply.

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7 Re: tenant not paying on Wed May 11, 2011 10:35 am

floremarlove


Arresto Menor
Also, when hmdf asked me how much do we rented the place, we told them its P3800.00 while the couple's monthly amortization in hmdf is only P2600.00. They had not paid the arrears for 38 months. So, hmdf was quite dismayed as the couple is making income of the foreclosed unit and now they are putting pressure on us to vacate the place by June 01 because they will be moving back there.

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8 Re: tenant not paying on Wed May 11, 2011 10:54 am

floremarlove


Arresto Menor
Ms. Councilor sarcastically smile and said that only the real owner who can let us vacate the place wherein hmdf has no right to do so because its a low cost housing.



Last edited by floremarlove on Wed May 11, 2011 11:42 am; edited 1 time in total (Reason for editing : Wrong thought)

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9 Re: tenant not paying on Wed May 11, 2011 11:04 am

attyLLL


moderator
if you want to buy it, deal with the hdmf only.

if not, you don't have to leave unless there is a court order. do you really believe they will use the unit? that is one of the basis for filing an ejectment case under rent control act.


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10 Re: tenant not paying on Wed May 11, 2011 12:00 pm

floremarlove


Arresto Menor
Yeah, we are interested to buy the unit. I had several conversation with hdmf already. I just have to wait a little longer.

I dont really think that they will be using the unit if they intent to sell that from diff ppl. In fact, we had been disappointed with this couple as they are allowing buyers to come and see the whole place inside and out without our permission.

What we should do or tell the barangay if we will file for a case? this will be our 3rd hearing. meaning this will be the last session in the barangay.

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11 Re: tenant not paying on Wed May 11, 2011 12:24 pm

floremarlove


Arresto Menor
Thank you so much...more power to your kind office

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12 Re: tenant not paying on Wed May 11, 2011 2:03 pm

Taki


Arresto Menor
Atty,

Other than the owner wants to use the unit, what are the other BASIS for an owner to compel the tenant from vacating (assuming the tenant is not deliquent) the property?

Is selling the property a valid reason?

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13 Re: tenant not paying on Wed May 11, 2011 2:12 pm

attyLLL


moderator
if we're talking about a property under the rent control law:

SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:

(a) Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor;

(b) Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;

(c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit: Provided, however, That the lease for a definite period has expired: Provided, further, that the lessor has given the lessee the formal notice three (3) months in advance of the lessor’s intention to repossess the property and: Provided, finally, that the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least (1) year from the time of repossession;

(d) Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable: Provided, That after said repair, the lessee ejected shall have the first preference to lease the same premises: Provided, however, That the new rent shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished,
the lease of the new building will no longer be subject to the aforementioned first preference rule in this subsection; and

(e) Expiration of the period of the lease contract.


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14 Re: tenant not paying on Fri May 13, 2011 12:48 pm

floremarlove


Arresto Menor
Atty,

Out of these 4 provisions, for my case the owner's reason is to use the unit by June 01, 2011, these applies for par. c, right? and the notice we received to vacate the place was dated last week. As tenant what we can do about it. Also, our contract was supposedly renewable every year. For our first year, we were asked to signed and agreed upon then, according to the couple, it will be renewed the following year. But until now, we will be ending for our 2nd year, there were no contracts had been given or agreed upon.

Does Sec.10 of the Republic Act (Prohibition Against Ejectment by Reason of Sale or Mortgage - No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not.)?

Atty, we will have our final hearing at the barangay, what should i do...i will make a letter form or informal counter affidavit of the above non-violation of the Act or simply give them a copy of this Act. What do you think? Please advise.

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15 Re: tenant not paying on Fri May 13, 2011 12:51 pm

floremarlove


Arresto Menor
Does Sec. 10 be applied to our case?

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16 Re: tenant not paying on Sat May 14, 2011 11:41 am

attyLLL


moderator
stick it out and refuse to vacate. if you buy the property, the lease agreement will be extinguished.


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17 Re: tenant not paying on Sat May 14, 2011 7:04 pm

rowena.lago


Arresto Menor
Hi Atty,
Gusto ko lang po malaman kung ano ang pwede namin gawin dun sa tenant na huling umupa sa bahay namin. Umalis po kasi sila sa bahay namin pero iniwan nila ang mga gamit nila, mahigit 1 taon na po sila hindi nagbabayad ng renta. Pinapakuha na po namin ang mga gamit nila sa bahay dahil dun na po kami ulit titira. Puro pangako lang po ang nakukuha namin sa kanila, hindi po sila nagpapakita sa amin kundi sa telepono lang po sila nakikipag usap. Gusto po malaman ng tatay ko kung anong legal na paraan ang pwede namin gawin para maalis namin ang mga gamit nila. Gumawa nga po kami ng sulat para maging legal ang usapan pero hindi po namin alam kung saan sila nakatira ngayon para maipadala ang sulat. Pwede po bang mag file ng complaint sa municipal trial court kahit di namin alam ang kinaroroonan nila? Ayaw din po kasi maki-alam ng barangay sa amin, baka daw sila ang makasuhan. Paano po kaya ang magandang gawin namin?

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18 Re: tenant not paying on Sat May 14, 2011 9:02 pm

attyLLL


moderator
very difficult question because there is no clear provision on law. what i would recommend is to make a small space where their stuff can be kept


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19 Re: tenant not paying on Sun May 15, 2011 12:16 am

rowena.lago


Arresto Menor
Thank you for replying, do we already have the right to remove their belongings from our place? even if hindi po sila nakikipag ayos sa amin at puro tawag at text lang po ang means ng communication sa amin? sino po pwede mag witness habang inaalis ang mga gamit nila sa bahay namin?kasi kahit gusto namin dalhin ang gamit nila sa kanilang bagong tinitirhan e di po nila binibigay ang kanilang complete address at isang taon na rin po silang hindi nag babayad ng rent samin basta nalang po nila iniwan ang bahay at di nakipag usap ng maayos sa tatay ko lagi po sila nangangako na kukunin tapos hindi naman po nila tinutupad ang pangako nila, kami nga din po ang nag offer na kami na ang magbabayad ng lipat bahay na sasakyan para lang po talaga maalis na ang mga gamit nila kasi po masisisira na ang bahay namin dahil hindi nman po nalilinis man lang isang taon mahigit na po. salamat po



Last edited by rowena.lago on Sun May 15, 2011 12:19 am; edited 1 time in total (Reason for editing : typo error)

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20 Re: tenant not paying on Mon May 16, 2011 4:00 pm

attyLLL


moderator
ask the bgy to witness the moving of the items. you can also do an inventory.


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21 Re: tenant not paying on Tue May 17, 2011 12:05 pm

floremarlove


Arresto Menor
Hi Atty,

Thank you so much for the advice. I even applied it as we presided by the same Councilor. She herself was not even had a comment after citing to her the RA on Rent Control and so as the couple. So instead, I gave them options that if we will put it into legal. They will be facing possible consequences. So we are kind enough to give up the unit. Instead, we let them agreed that they have to give us the 3 months advance notice or duration to vacate the place and refund all our deposit and advances.

Again, thank you so much Atty. I applied all your advices and it really helped me to be more confident to find justice by our own.

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22 Re: tenant not paying on Tue May 17, 2011 11:55 pm

attyLLL


moderator
i hope the solution is final. i appreciate your telling me. good luck!


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23 Re: tenant not paying on Wed May 18, 2011 9:14 am

floremarlove


Arresto Menor
Yeah, its our final solution. We all signed an agreement in the brgy. that by Aug. 15, we will be vacating the place. We also realized that the place is not worth to stay for permanent residency.

I am more appreciative of all your advices. Good lawyers comes with great success. God bless. Smile

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24 Re: tenant not paying Today at 1:02 pm

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