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Nonpayment of rent

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1Nonpayment of rent Empty Nonpayment of rent Wed Sep 22, 2010 12:06 pm

concerned


Arresto Menor

I have been renting an apartment for two years. I lost my job about one year ago and haven't been able to keep up with the Php 14,000 rent payments each month. My landlord was kind enough to allow me to try and raise the money, but the reality is I am unable. I don't know what to do now, the landlord is demanding payment and wont allow more time. I can move back with my family, but the landlord wont let me move my things. They threatened to lock me out and keep all my belongings until I make payment. Please help, do I have any rights?

2Nonpayment of rent Empty Re: Nonpayment of rent Fri Sep 24, 2010 1:35 pm

attyLLL


moderator

read your lease contract again regarding what it says about pre-termination. if there is nothing about a retention lien on your belongings then you can argue that they have no right to threaten you with such.

https://www.facebook.com/BPOEmployeeAdvocate/

3Nonpayment of rent Empty Rental agreement Wed Oct 20, 2010 7:03 am

concerned


Arresto Menor

Nonpayment of rent Rentagree1.th

Nonpayment of rent Rentagree2.th

Nonpayment of rent Rentagree3.th

Nonpayment of rent Rentagree4.th

4Nonpayment of rent Empty Escorted without personal items Wed Oct 20, 2010 7:16 am

concerned


Arresto Menor

Update:

We decided to move out of the apartment last week, but not allowed to remove any of our possessions from the unit. The landlord called the police to enforce their claim and we were powerless to do anything, the police sided with the landlord and simply escorted us out.

The landlord sent me SMS message yesterday that our personal items were valued at 100,000 and I still owe a balance of 175,000. They further threatened that I will be arrested should I not pay the debt owed.

I don't know what to do about this. The claims are greatly exaggerated and the actual value of my personal items is well above what I owed the landlord. I cannot afford an attorney, and I am very worried now that I might be arrested.

Is this a real concern? Can I be arrested for not paying my rent?

5Nonpayment of rent Empty Re: Nonpayment of rent Thu Oct 21, 2010 9:37 pm

attyLLL


moderator

failure to pay a debt is not a crime.

the landlord's proper recourse is to to file a case for collection against you, not to appropriate your belongings. sorry, i don't have time to download all the pages of the contract. is there any provision about getting your things?

if none, what she did may be considered the crime of light coercion:
Art. 287. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.



Last edited by attyLLL on Wed Oct 27, 2010 1:19 am; edited 1 time in total

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6Nonpayment of rent Empty Re: Nonpayment of rent Tue Oct 26, 2010 3:51 pm

concerned


Arresto Menor

attyLLL wrote:is there any provision about getting your things?

There were definitely no provisions in the contract to support the landlord's actions.

Thanks.

7Nonpayment of rent Empty Re: Nonpayment of rent Wed Oct 27, 2010 1:20 am

attyLLL


moderator

i recommend you file a complaint at the bgy first for light coercion to get her to return your things. good luck.

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