question on commercial rent law

Sir/Madam;

Good day po sa ating mga butihing legal advicers.

Mag tatanong lang po sana ako kung may batas po ba na nag momoderate tungkol sa commercial rent.

May karapatan po ba talagang i forfeit ng Lessor yung advanced payment at security deposit ng Lessee..

May regulations po ba regarding dito.

Maraming salamat po sa mga tutulong po sa aking katanungan..

Thanks and Regards,
Mark Wilson
09238020247

Mag tatanong lang po sana ako kung may batas po ba na nag momoderate tungkol sa commercial rent.

-depende kung saang aspeto

May karapatan po ba talagang i forfeit ng Lessor yung advanced payment at security deposit ng Lessee..

- depende sa contract and depende kung ano ang ginawa ng lessee kaya i-forfeit ng lessor

Due po sa bankruptcy kaya mag sasara nalang. Lugi po yung business e. So papasok sya sa bridge of contract ata yun kasi ndi natapos yung 5 years contract. Tapos meron akong contrata dito ndi ko lang masyado malinaw sakin. Pwede po ba mag post ng picture dito?

yes its usually stated in the contract that if you don't finish the whole duration (5years) ma forfeit ang advances and deposits

Ahhh ganun po pala... Eh isa pa pong tanong. sabi nila dapat daw pag mag sasara eh 30days notice? totoo po ba yun? Dapat po mag sasara na ako netong darating na May 20. Pero sabi nila ndi daw nila tatanggapin notice ko na 4 days lang. Kaya need ko pa daw mag bayad ng another 1 month rent kahit gusto ko nang isara. Tama po ba yun? Salamat po ulit.

It depends on the contract. Unless meron nakasulat dun na 30 days notice dapat hindi na kelangan.

Eto po yung naka sulat sa second page ng contract.

PERIOD OF LEASE: The term of his lease shall be for a period of FIVE (5) years, effective February 21, 2016 and shall expire on February 20, 2021, subject to renewal for the same terms, conditions and period mutually acceptable to both parties.

In case the LESSEE will not renew this lease, the LESSEE shall inform the LESSOR in writing about the non-renewal at least 1 month prior to expiration of the term, failing which, the Security Deposit shall be forfeited. Further, if the LESSEE during the effectivity of the lease contract stopped operating on the leased premises for a period of seven (7) calendar days, the LESSOR has the right to take over the leased premises and offer it for lease to third persons. Provided all things found within the leased premises belonging to the LESSEE shall be properly inventoried and accounted by the LESSOR, without prejudice to the right of the LESSOR to charge appropriate storage fees. It is hereby provided expressly and specifically that the lessor grants an unequivocal right of first refusal to the LESSEE.

Yaan lang po yung nakita kong may atleast 1 month notice sa buong contrata. pero po diba sa renewal lang yan. sakop po ba nyan yung pag close ng pwesto? pwede po ba ako mag close. nag submit naman po ako ng notice kaso six days notice lang.

ayaw nila tanggapin... dapat daw 30 days... salamat po ulit.

Mark_Wilson wrote: PERIOD OF LEASE: The term of his lease shall be for a period of FIVE (5) years,

"Shall".
The 30 days expiring telling is IF you don't want to get MORE than 5 years.

Try to discus with the lessor, what compensation he can agree to to let you out of the contract earlier. Perhaps you can make it easier by finding an OTHER leasee.

yes, yan eh sa renewal. Ask the lessor kung san nakalagay yung 30 days notice. If magsasara ka na san pa nila kukunin yung next 30 days na rent? They are insisting for another months rent in exchange for letting you remove your stuff ba?

lukekyle wrote:yes, yan eh sa renewal.  Ask the lessor kung san nakalagay yung 30 days notice.  If magsasara ka na san pa nila kukunin yung next 30 days na rent?  They are insisting for another months rent in exchange for letting you remove your stuff ba?

The 30 days part in the contract is only relevant 2021.
The lessor is very KIND if he agree to only one extra month pay to let the lessee out of the contract so soon after it started...

((I have a case where I'm the lessor. The lessee LIED much to me, making me lose a chance to sell the property for a rather good offer, but I couldn't because I had contract with the lessee - which he broke when the buyer had lost interest because he had bought other similar as mine. That's why I'm not kind and demand all what the contract say. So the lessee will need to pay over half million, because he messed uo much...))

Pinagbayad nalang po ako ng one month rent pa. Kaya hindi nalang po muna ako umalis ginagamit ko pa rin po yung pwesto ngayun. Kaso po sabi nila ma forfeit daw po yung 2 mos advance at 1 month security deposit. Usually po diba yung security deposit pwedeng gamitin sa pambayad ng kuryente at tubig? I type ko po dito yung regarding sa security deposit sa next reply ko. salamat po.

Eto po pala yung nakasulat tungkol sa security deposit.

SECURITY DEPOSIT: The LESSEE shall pay a non-interest bearing security deposit equivalent to one (1) month rental in the amount of NINE THOUSAND TWO HUNDRED SIXTY EIGHT PESOS ONLY (P9,268.00) upon the execution of this Contract. The one (1) month Security Deposit shall be applied to the cost in any damages caused on the leased premises by the LESSEE and its member and/or to any unpaid electrical, telephone, water bill and all other charges incurred by the LESSEE before leaving the leased premises. Any excess of the security deposit after full payment of whatever damage and bills shall be returned to the LESSEE within sixty (60) days from expiration of this contract, and provided further that the LESSEE would have completely and satisfactorily vacated and delivered the leased premises to the LESSOR.

The Security Deposit shall be adjusted from time to time to correspond to the current prevailing monthly rental. This amount shall serve as security for the full and faithful compliance of each and every term, provision, covenant and condition of this lease and not as any pre-payment of rent. The LESSOR shall not be required to keep the security deposit from its general funds and the LESSEE shall not be entitled to interest on such deposit. The deposit shall remain intact during the entire term of this lease and shall not be applied as payment of any monetary obligations of the LESSEE under this contract. If the LESSEE should fully and faithfully perform every term, provision, covenant and condition of this lease, the security deposit shall be refunded after sixty (60) days to the LESSEE, without any interest, by the LESSOR, after the LESSEE would have completely and satisfactory vacated and delivered the leased premises to the LESSOR. should the LESSOR be required to draw funds from the security deposit, the LESSEE will be informed of such use and the LESSEE shall replenish and to-up the Security Deposit within five (5) business days from such notification.

In the event the LESSEE commits a breach of any term, provision, covenant and condition herein or terminates this contract before the expiry date for whatever reason, the security deposit shall be automatically forfeited by the LESSEE in favor of the LESSOR. However, the LESSEE's liability for any breach of this contract or for any obligation for the leased premises shall not be limited to the amount of the said deposit.

In the event the LESSEE commits a breach of any term, provision, covenant and condition herein or terminates this contract before the expiry date for whatever reason, the security deposit shall be automatically forfeited by the LESSEE in favor of the LESSOR. However, the LESSEE's liability for any breach of this contract or for any obligation for the leased premises shall not be limited to the amount of the said deposit. - i-forfeit nya because of the pre-termination so wala nang deposit to be used against payment for utilities

@ Mark Wilson
The contract is 5 YEARS. The lessor have right to demand rent for WHOLE that period, so if you are let out for less, that's because the lessor is KIND. So I WOULDN'T try to get back the deposit, because that's very CHEAP compared to rent for 5 years...

Salamat po!