Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Responsibility of Repairs

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Responsibility of Repairs on Tue Jul 19, 2011 6:10 pm

landlady_needs_help


Arresto Menor
Hi atty. I am a newbie here. I am currently leasing a house for 1 1/2 years now. I recently found out all toilet flushes (different parts) of each of the cr's have been defective for some time now. I understand structural repairs are my responsibility, but repairs of usable parts like these (flush assemblies, faucets) are the tenants'. Am I correct? The tenant is insisting i change the assemblies while i'm insisting it's his responsibility bec he's been leasing the house for 1 1/2 years now.
Aside from this, he doesnt want to pay for the village's association dues though it is explicitly stated in our contract that it's his responsibility.
Frequent rifts with this tenant is tempting me to eject him. As you might probably guess, these are just some of the issues of conflict we've had. He's verbally abusive, demanding, unreasonable, and insulting whenever his demands are not met. Being a fair landlady, i do my best to do what i can, but he's bordering on being an ejected tenant.

Thank you.




View user profile

2 Re: Responsibility of Repairs on Fri Jul 22, 2011 3:35 pm

attyLLL


moderator
does your contract say anything about repairs?


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Responsibility of Repairs on Fri Jul 22, 2011 10:42 pm

landlady_needs_help


Arresto Menor
My correction: Tenant has been staying with us for 2 1/2 years na pala, and not 1 1/2 years. I'm thinking since he's been using the cr's all these time, changing them should be to his account.

Anyway, to answer your question:
Our contract: "Except in cases of ordinary wear and tear, functional failure of toilet bowls, wash and other sewerages, electrical lights and lines, sockets, switches, telephone and other service facilities shall be for the account of the LESSEE."

I am correct in insisting he changes them, right?

Another question please:
I'd really want him ejected already although our contract is supposed to terminate by end of mar 2012 yet. By law, under what circumstances may i do so? If one of the reasons is we need to do repairs on the house, i can honestly say we do have plans of doing so. In fact, hindi namin matuloy bec nga we'd rather have him out first.

He's paid til end of sept 2011 but i'm willing to give that month's rent back to him and give him 30 days notice henceforth, so until end of aug 2011. As you can tell, i'd rather have him out of our lives than continue taking his money. That's how much of a headache tenant he is.

Please help.

PS by the way, he's a korean. dont know if that info gives you a better picture but maybe that's useful info. Thank you. Appreciate your reply.

View user profile

4 Re: Responsibility of Repairs on Sun Jul 24, 2011 8:44 am

attyLLL


moderator
i would say the assemblies will fall under his responsibility.

these are from the rent control act, but they can apply to your situation as possible 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.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Responsibility of Repairs on Wed Jul 27, 2011 7:19 pm

landlady_needs_help


Arresto Menor
Thank you for your reply, atty. I think ground (d) would apply, however there is no "existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable". Is that clause mandatory?

We need to do repiping in the house, and replacement of roofing in the lanai. As budget allows, we'd also need to do cr repairs.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum