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How to evict tenant and make them pay their arrears?

2 posters

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muskrato

muskrato
Arresto Menor

Good day attorney's,

It's my first time posting here, pardon my format/structure of posting..

Let me start by giving a brief of the situation:
My tita and tito bought a low-cost house and lot property somewhere in Cavite during the late 90's.
Eventually, they migrated to Canada.
They left their house and entrusted it with their neighbor as the caretaker.
Years passed and the caretaker introduced a family that will rent the house.
They had a "lease contract" for a period of a year, and in goodwill they continued
what is stipulated in the lease without having a renewed contract after the first
year of the tenant's occupancy.
Mode of payment is through my tito and tita's bank account, which will go to my
grandparents' allowances (medicines, everyday expenses etc.)

Fast forward to 2012:
My tita asked me to follow-up on the situation since without any advice the tenant's
payment has been delayed for the past 6 months.
The tenant nor the caretaker did not even bother to inform my tito and tita abroad re: the delay of payment or non-payment for that matter.
My tita asked me for help, if I could come up with the best solution possible, since they are helpless abroad, they can only ask help from relatives here in the Philippines.
She would like the arrears to be paid and make the tenant leave before next year, so they could improve the property and lease it for a much better value. Which in turn will benefit my grandparents monthly allowance.

My dilemma
Is there a way that I may accomplish my tita's intent, to make the tenant pay their arrears and leave before the year ends? However, there might be some technicalities re: the issue, since the contract of lease was not renewed after the 1st year of the tenant's occupancy. What I have in mind is, I will visit the property and give them a notarized demand letter? Otherwise, if I will just visit them without the demand letter, it's either the matriarch/patriarch of the tenants will just hide from me, worse is that they will not entertain me.

Kindly enlighten me with this issue - and for reference' sake of those people who have the same problem with their tenants. God bless.


Almondo


Arresto Mayor

im not a Lawyer,,,,, but your Tita can send you a "POWER OF ATTORNEY" with instructions to act for them to fix their problem... You even can sign signatures for them on their behalf...

muskrato

muskrato
Arresto Menor

pero paano po ba yung process ng "demand letter"?

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