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Does clogging of drainage system in an apartment compound be a reason not to pay rent?

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jplaton


Arresto Menor
I am renting a unit in a 8-door apartment compound.

I have been staying here for more than a year. And my contract has expired already.

In my laundry area clean out pipe oozes out with human stool that over flows in my whole living space.

The Lessor lets us borrow the "panundot" for sometime mere sundot would ease the clogging.

In the contract cleaning and repair of drainage is on tenant account.

I have been not paying rent because I spend so much for tubero.

The Lessor now uses my non-payment to file action against me.

What should I do?

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attyLLL


moderator
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.


study your contract carefully. what is referred to as drainage? is it meant to mean plumbing? does it refer to rainwater or water from the house? can it be interpreted to include draining of the septic tank?

i would argue that it should not, but it depends on what is written on the contract

11,000th post.


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3 Contract stipulation re Drainage, plumbing on Mon Oct 31, 2011 1:50 pm

jplaton


Arresto Menor
A provision in the contract states... and i quote:
" That no improvement, alteration or repair shall be made within the premises without your prior written approval and if granted,xxx, that repair of the clogging of drainage, pipes, water closet, water system and/or leakages, plugging of commode, hinges, electrical outlet, broken jalousies, may be done at my/our expense, it being understood, further, that such improvement, alteration or repair shall conform with the laws, regulation or ordinances of the government or duly constituted authorities;

Please enlighten me more.

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attyLLL


moderator
you can argue that the contract refers to minor repairs based on the nature of the other items on the list, but this situation is chronic and serious.


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