Home
Good day,
I would like to seek some legal advise regarding issues we are currently undertaking.
We just (November 21, 2014) received a formal notice to vacate the apartment we are currently renting for 31 years. Prior to the receipt of formal notice, the owner had given verbal notice to vacate the apartment early last month. The owner said that they will be using the apartment for family use. Thus, the notice to vacate was given.
In the formal notice letter given to us dated November 21, 2013, it states that we should move out on or before December 30, 2014. It's the same period given by the owner based on our initial conversation early last month.
We are most willing to comply, however, there issues that we find very irregular in terms of legality.
1. In the first couple of years we have rented the apartment, contract to lease was provided. Afterwards, they have not provided us a contract to lease. On several occasions we had repeatedly asked them to provide us contract to lease to protect ourselves from fraud. The owner didn't comply, and said that the rent will be on a per month basis.
2. The owner had been issuing very old printed 'official receipts' which we doubt if it is still authorized by the BIR and other related government agencies for use.
3. In several incidents that occurred in the past, the owner had charged us double. The owner claimed that she did not received the rental fee. We contested the said claim but the owner would always include the so called "unpaid dues" in the succeeding receipts as unsettled. As a result of this experienced, we prepared a document, where we had asked the owner to sign upon receipt of the monthly rental fee to avoid occurrence of the same incident. In the document, it indicated the amount received, the official receipt number, and date when the payment was received. The owner comply with this request in the beginning, but had recently stopped. She insist that official receipts were enough to prove receipt of payment, and that they she finds it insulting that we do not trust them.
4. We also brought to her attention that her official receipts were very old and should no longer be issued. Thus, must be renewed with BIR to have new receipts printed. The owner said that she just using the remaining receipts and will soon have new ones printed. In which it hasn't happened yet.
5. We found out that the 3-door apartment business is neither registered with SEC, DTI or BIR.
In this regard, I would like to know what legal liability does the owner will face with the existence of the above mentioned issues.
Furthermore, how much time (30 days or 3 months) does the owner must give to the tenant to vacate the apartment? Which notice should we comply with in terms of the period given to us to vacate the apartment, the verbal or the formal notice letter?
Thank you for your time, and I am looking forward to hear from you soon.
Regards,
Bleureigh
I would like to seek some legal advise regarding issues we are currently undertaking.
We just (November 21, 2014) received a formal notice to vacate the apartment we are currently renting for 31 years. Prior to the receipt of formal notice, the owner had given verbal notice to vacate the apartment early last month. The owner said that they will be using the apartment for family use. Thus, the notice to vacate was given.
In the formal notice letter given to us dated November 21, 2013, it states that we should move out on or before December 30, 2014. It's the same period given by the owner based on our initial conversation early last month.
We are most willing to comply, however, there issues that we find very irregular in terms of legality.
1. In the first couple of years we have rented the apartment, contract to lease was provided. Afterwards, they have not provided us a contract to lease. On several occasions we had repeatedly asked them to provide us contract to lease to protect ourselves from fraud. The owner didn't comply, and said that the rent will be on a per month basis.
2. The owner had been issuing very old printed 'official receipts' which we doubt if it is still authorized by the BIR and other related government agencies for use.
3. In several incidents that occurred in the past, the owner had charged us double. The owner claimed that she did not received the rental fee. We contested the said claim but the owner would always include the so called "unpaid dues" in the succeeding receipts as unsettled. As a result of this experienced, we prepared a document, where we had asked the owner to sign upon receipt of the monthly rental fee to avoid occurrence of the same incident. In the document, it indicated the amount received, the official receipt number, and date when the payment was received. The owner comply with this request in the beginning, but had recently stopped. She insist that official receipts were enough to prove receipt of payment, and that they she finds it insulting that we do not trust them.
4. We also brought to her attention that her official receipts were very old and should no longer be issued. Thus, must be renewed with BIR to have new receipts printed. The owner said that she just using the remaining receipts and will soon have new ones printed. In which it hasn't happened yet.
5. We found out that the 3-door apartment business is neither registered with SEC, DTI or BIR.
In this regard, I would like to know what legal liability does the owner will face with the existence of the above mentioned issues.
Furthermore, how much time (30 days or 3 months) does the owner must give to the tenant to vacate the apartment? Which notice should we comply with in terms of the period given to us to vacate the apartment, the verbal or the formal notice letter?
Thank you for your time, and I am looking forward to hear from you soon.
Regards,
Bleureigh
