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Dear Sir/Ma'am,
We have filed an ejectment/eviction case in court against our tenant under the grounds of non-payment of rental fees for more that 3 months and expiration of contract of lease. We have tried to resolve the problem through mediation at the baranggay level but to no avail. She agreed to vacate the apartment unit but we never really saw any initiative from her to actually vacate said apartment unit so we decided to bring her to court. I have to admit, this tenant is very shrewd. Our lawyer asked her to respond why she has not paid the rental fees and vacated the apartment unit and she replied that my mom (the administrator) was not the owner of the property and that we did not have a contract and that we are not issuing her payment receipts. Well, the title to the property is issued under my name, but i issued a SPA waiving all my rights to the management of said property and that all income generated from the lease of said property will all go to my mom. Also the business permit issued by city hall to lease the property is issued under my mother's name. As far as evidences are concerned, we have a copy of the expired contract which she signed (although under an alias...this woman obviously has something to hide...), duplicate copies of the payment receipts issued to her, and a copy of the notice not to renew contract and to vacate property served to her by a baranggay official. We did not want to resort to harassment that is why we chose the legal way to force her to vacate the apartment unit. Considering the circumstances, what are our chances of winning this case in court? How long usually does ejectment/eviction proceeding take before the court finally come up with a decision and have that decision implemented? We are really appalled by her accusations and shocked by her resistance to vacate the apartment unit. We would really want this case to be over as soon as possible as it has given our family stress both emotionally and financially. I would really appreciate your advice on this matter. Thanks in advance.
We have filed an ejectment/eviction case in court against our tenant under the grounds of non-payment of rental fees for more that 3 months and expiration of contract of lease. We have tried to resolve the problem through mediation at the baranggay level but to no avail. She agreed to vacate the apartment unit but we never really saw any initiative from her to actually vacate said apartment unit so we decided to bring her to court. I have to admit, this tenant is very shrewd. Our lawyer asked her to respond why she has not paid the rental fees and vacated the apartment unit and she replied that my mom (the administrator) was not the owner of the property and that we did not have a contract and that we are not issuing her payment receipts. Well, the title to the property is issued under my name, but i issued a SPA waiving all my rights to the management of said property and that all income generated from the lease of said property will all go to my mom. Also the business permit issued by city hall to lease the property is issued under my mother's name. As far as evidences are concerned, we have a copy of the expired contract which she signed (although under an alias...this woman obviously has something to hide...), duplicate copies of the payment receipts issued to her, and a copy of the notice not to renew contract and to vacate property served to her by a baranggay official. We did not want to resort to harassment that is why we chose the legal way to force her to vacate the apartment unit. Considering the circumstances, what are our chances of winning this case in court? How long usually does ejectment/eviction proceeding take before the court finally come up with a decision and have that decision implemented? We are really appalled by her accusations and shocked by her resistance to vacate the apartment unit. We would really want this case to be over as soon as possible as it has given our family stress both emotionally and financially. I would really appreciate your advice on this matter. Thanks in advance.
