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LOCKED OUT

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1 LOCKED OUT on Tue Jan 17, 2012 12:58 pm

jurisjean


Arresto Menor
I had a tenant whom I informed in writing last Dec 5 2011 that she is no longer allowed to occupy the premises starting Jan 2012. Despite this notice, she didn't remove her things in the premises and her children continued to use the place till Jan 4, without rent. On Jan 2, I told the children that I will keep the key to the place and they can get it from me if they want to open the store. This they did, til Jan 4. On that day, I told them that they can no longer use the place for free. From Jan 1-4 they have been using my place without rent and still have their things in the room despite my written notice to them last Dec 5.

My question is: does my ex-tenant have the right to complain to the barangay that I locked her out of the place?

Since the ex-tenant has not spoken to me since Dec, I didn't know when or if she will remove her things from the store. Since I was renting out the place and wanted to fix it before the next tenant, I removed & threw away her things. It took me 4 days (Jan 5-Cool to clean the room. The ex-tenant knew I was clearing the room Jan 5 but didn't come forward to claim her things. If her things were of value to her, she could have come to me Jan 6-8 to claim it. Now she wants me to pay for the things I threw out.

Question: Do I have any liability in this case?

Please advise. Thanks

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2 Re: LOCKED OUT on Wed Jan 18, 2012 9:51 pm

attyLLL


moderator
does your contract allow you to evict them extrajudicially?


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3 Re: LOCKED OUT on Fri Jan 20, 2012 5:55 pm

jurisjean


Arresto Menor
we have no lease contract, but I gave her eviction notice as early as dec 3, 2011. Till Jan 4, they used the premises for free and showed no sign of moving out.

I am now on the Lupon level of the mediation. Is there anything I should prepare or do?

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4 Re: LOCKED OUT on Sat Jan 21, 2012 12:23 pm

jurisjean


Arresto Menor
after the Lupon meeting, I am now facing charges of tresspassing (even if there was no contract & the place is my property) and robbery (because I took the ex-tenants things out of the pleace).

She wants me to pay for the lost things which I object to because she mentioned things which were not in the room.

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5 Re: LOCKED OUT on Sun Jan 22, 2012 6:39 pm

attyLLL


moderator
that is the risk by taking the law into your own hands. it would have been better if you had a representative from the bgy with you to inventory the items.

the law is not clear what should be done, but certainly not to throw away someone else's belongings.


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6 Re: LOCKED OUT on Mon Jan 23, 2012 7:10 pm

jurisjean


Arresto Menor
so what shd i do? let the Lupon take its usual 3 meetings and then face the complaint in court? do I need a lawyer now? where can I get one? I believe if we are in court, my action will be justifiable. The ex-tenant gave me access to the room by turning over the keys.

But definitely, I am not paying for all the things she claims in the list because part of it is non-existent. I have someone who was with me when we were clearing out her things.

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7 Re: LOCKED OUT on Sat Jan 28, 2012 1:07 am

attyLLL


moderator
you can get a lawyer to advice, but they are not allowed to participate at the bgy level.


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8 Re: LOCKED OUT on Tue Jan 31, 2012 11:31 am

jurisjean


Arresto Menor
can you tell me where i can get a lawyer who can represent me when we go to fiscal level? tapos na ang Lupon level. Preferably someone who is familiar with rental or tenant affairs. thanks.

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9 Re: LOCKED OUT on Tue Apr 10, 2012 5:14 pm

jurisjean


Arresto Menor
I have the following questions:

1. A case of Coercion & Theft has been filed against me and we have a pre-trial session on Apr 12. The lawyer I approached is unable to come and has advised me to request for a postponement. Would this not harm my case?

2. My lawyer is also asking for P25,000 commitment fee and P2,000 per appearance. Is this a usual practice and amount?

3. Where can I go to look for a lawyer who can represent me?

Thanks

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10 Re: LOCKED OUT on Tue Apr 10, 2012 6:28 pm

attyLLL


moderator
it will not if he is the one who asks for it

sounds standard

law offices. start with those near the hall of justice or from people you know


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11 Re: LOCKED OUT Today at 4:03 pm

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