Ejecting Tenants

Good day! Sir, I would like to seek your help regarding one of my tenants. Matagal na pong nagrereklamo yung ibang tenants kasi super maingay po sila. Lagi po kasi nag aaway yung mag asawa, tapos po every week, yung motor nila ginagawa at sobra din po ingay.Months na po na lagi ginagawa ang motor nila. Tapos po, madalas nilang nahaharangan yung daanan dapat ng mga tao.Lately, may truck silang binili na basta na lang po pinarada ng walang pasintabi sa akin. Nung tinatanong ko na po nang maayos, sila pa ang nagtaas ng boses at nagalit sa akin. Bakit daw po kailangan pa ipaalam sa akin yung pagparada ng truck na yun samantalang nagbabayad naman sila? I am already at my limit po. Twice na rin na umalis ang nangungupahan sa tabi nilang unit dahil din po sa kanila. I want them out na po dahil masakit na ulo ko sa mga ginagawa nila at isa pa po, nagmura pa po yung lalaki nung time na kinakausap ko nang maayos. Hope you will help me po. Please advised me on what to do. Thanks po!

cris21tina,

do you have a written contract of lease with the said tenant? if yes, when will their contract of lease terminate or end?

nevertheless, if you have a written contract of lease with the said tenant and if any of what you said (i.e. rowdiness, motor, truck) would constitute a violation of the leaase contract, and if in the said contract you have the right to terminate the lease upon violation of its provisions, then you can already write a demand letter for them to vacate.

now, if your demand to vacate (either due to expiration of contract or violation/breach of contract), is unheeded, you can initially file a complaint before the barangay. if both of you still fail to resolve the matter in the barangay, the barangay will issue a certificate to file action, and then you can file an ejectment complaint before the courts against you tenant.

For more free legal information about the matter, you may visit www.domingo-law.com

thank you atty.

Atty, we don't have any written agreement. I talked to the barangay captain regarding this and they are asking for the ff:

1. 3 months grace period but no payment
2. I will be the one to pay for the truck that they are going to use once they vacate the unit.
3. written agreement ( why is there a need for me to give them a written agreement when they are about to leave? It should be insisted before renting, right? )

They said that the following conditions are based on the law.