Home
Hi Atty.
Our situation is like this..We are rentig our 2 bedroom house without any contract kasi kakilala naman.. All we had was verbal agreement. My mother was able to issue a few receipts of payment but unfortunately, it was only in the beginning of the tenancy. They gave us 1month advance and 1month deposit then the following months were paid according. But last year, since october, they've been missing out the rental until it accumulates to 3months of unpaid rent and failed promises. January they have issued 24k post dated cheque but told us not to deposit yet because in case they would have some cash, they will pay us cash instead then they will take back the cheque. The date on the cheque already passed and still no cash payment. Again, nakiusap na naman.. After a week they paid 18k only and the month of january is almost over, so it means it's another month again. Feb 2013, they paid another 6k but my mother never returned the cheque anymore coz for my mum's reason, they still owe us 2months and counting.. We haven't received any payment until now(May) since their last payment of 6k last feb. We couldn't file any legal complains due to not having any contract. We even asked them to vacuate the place 2months ago. They said they will leave the house after the elections and suggested they even asked us if we can give them until May20 for them to move out and pay whatever they owe us.Now it's May22, and another promise is given whcih I refuse to accept. Now my question is, is there any way that we can protect our right (without having a contract) as the owner of the property and collect the unpaid rent they owe us and secure that whatever utility bills they have consumed will be paid? And how about the 24k post dated chequed issued to us that was not returned to them, will it cause a problem to us or we can use it against them?
Please advice.
Thank you very much.
Our situation is like this..We are rentig our 2 bedroom house without any contract kasi kakilala naman.. All we had was verbal agreement. My mother was able to issue a few receipts of payment but unfortunately, it was only in the beginning of the tenancy. They gave us 1month advance and 1month deposit then the following months were paid according. But last year, since october, they've been missing out the rental until it accumulates to 3months of unpaid rent and failed promises. January they have issued 24k post dated cheque but told us not to deposit yet because in case they would have some cash, they will pay us cash instead then they will take back the cheque. The date on the cheque already passed and still no cash payment. Again, nakiusap na naman.. After a week they paid 18k only and the month of january is almost over, so it means it's another month again. Feb 2013, they paid another 6k but my mother never returned the cheque anymore coz for my mum's reason, they still owe us 2months and counting.. We haven't received any payment until now(May) since their last payment of 6k last feb. We couldn't file any legal complains due to not having any contract. We even asked them to vacuate the place 2months ago. They said they will leave the house after the elections and suggested they even asked us if we can give them until May20 for them to move out and pay whatever they owe us.Now it's May22, and another promise is given whcih I refuse to accept. Now my question is, is there any way that we can protect our right (without having a contract) as the owner of the property and collect the unpaid rent they owe us and secure that whatever utility bills they have consumed will be paid? And how about the 24k post dated chequed issued to us that was not returned to them, will it cause a problem to us or we can use it against them?
Please advice.
Thank you very much.
