jgapinoy:
First, the relevant provisions of the law on lease:
Art. 1654. The lessor is obliged:
(1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended;
(2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary;
(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.
Your concern by way of response:
1. The law is clear insofar as the obligations of the lessor/landlord is concerned. It is incumbent upon the landlord, to make the house habitable, if not, it defeats the purpose of the rent contract. The condition of the toilet when you moved in, falls squarely within this category, for house cant be habitable or fit for human habitation if the toilet is stinking sick or in deteriorating condition.
You said you tried reaching the landlord, by phone? SMS? I suggest you write him a formal letter informing him that by reason of his indisposition you were not able to contact him as you wanted to and despite diligent efforts. You said a plumber was hired and of course you paid.
Atached the receipt of the expense on the letter. The letter must be registered mail with return card for purposes of documentation.
I cannot for the best of me understand, what do you mean by the landlord refusing to talk to you? If you know his home why not try going to his place to raise this concern. Anyway, should your contract end or to be renewed, again, raise this concerns back up by the documents I mentioned here plus review your contract with the landlord, relative to provisions on necessary repairs - for repairs under the law are of two (2) kinds (1) ordinary and (2) necessary
thanks.
atty karl Rove
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