attyLLL pwede po bang mag-file ng small claims case sa may-ari ng apartment na tinitirhan namin? they have been issuing letters to us informing us of delayed payment but in fact their records are not correct. we always send them a reply to the letters they send to us but still the discussion has been on and on, even in the presence of receipts and signed acknowledgement of payments.
they also want us to sign a new contract of lease but there are some clauses that require modification which will have some implication to us as lessor, e.g. limiting the maximum number of tenants to only 5, whereas the unit has 3 big rooms and our family of 10 members have been living there since 1986; also indicated is the provision of parking space but there has never been a parking space given to us.
nakakasama kasi ng loob, as if we are treated as uneducated of our rights... much worst is that the last letter we sent them, asking them to revise the contract, di na daw nila sasagutin at dapat daw pirmahan na ang kontrata otherwise we have to vacate the place by 30 November 2011. sabi sa huli nilang letter, magpa-file daw sila ng criminal charge for damages and cause of litigation...
eh samantalang wala naman kaming hinihingi kung i-tama lang ang contract at wala naman kaming delayed payments.
i am asking you if pwede gamitin ang small claims case for the emotional and psychological damages na dinudulot nito sa aming lahat lalo pa sa kapatid ko na naconfine sa hospital ngayon dahil tumaas ang BP nya dahil dito.
appreciate your advice please.