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14th November 2011
Dearest Attorney,
I would like to seek your appropriate advice on our case, where we need to make use of our facility being rented for eight thousand pesos (P 8,000.00) per month. We are not sure how to approach this matter where there will be no legal implication that will hamper the process.
We were given the authority to occupy the land we currently occupying for more than thirty (30) years now by the Benguet State University (B.S.U.), with a document that states the same. There was also a discussion this month that B.S.U. will surrender the land to my family provided we pay the agreed amount for the land.
During the said period of occupancy, our family decided to partially develop the property from where we normally reside to add rented commercial spaces. In due course of time, the spaces where fully rented by number of tenants, where B.S.U. has no objection in doing so.
There is this one tenant that rented one unit, who knew about the type of ownership we have for the said land. Having mentioned that, she spoke to many concern persons from the B.S.U. and even approached the office of the Governor of Benguet, trying to check if she can get the same property from us. But to no avail, nobody entertained her objectives.
My family and decided to evict her due to number of reasons:
1. Difficulty in paying her rent. Every time I tried collecting the rent, either you wont be able to see or talk to her or there will be many reasons. In fact she already missed payment for 15 days now. I believe the law states that the land owner can only evict a tenant only if the tenant missed payment of rent for three months.
2. Creating a non-friendly atmosphere between tenants due hearsays and convincing other tenants not to pay their respective rents as we are not the legal owners of the facility.
3. We want to make use of the unit for our own business.
QUESTIONS:
1. Is there any possibility to evict her at the soonest? How soon?
2. Should we give her eviction notice letter to this effect?
3. Is she still obliged to pay the rent for the direction she will use the facility until she vacates it? If she does not pay, what action should be the best?
4. After the eviction date and she does not comply, is it legal for me to pad lock the unit? If yes, what will be my legal grounds?
Awaiting your immediate reply.
Respectfully
Mrs. Rebecca Grail Isip
Benguet
Dearest Attorney,
I would like to seek your appropriate advice on our case, where we need to make use of our facility being rented for eight thousand pesos (P 8,000.00) per month. We are not sure how to approach this matter where there will be no legal implication that will hamper the process.
We were given the authority to occupy the land we currently occupying for more than thirty (30) years now by the Benguet State University (B.S.U.), with a document that states the same. There was also a discussion this month that B.S.U. will surrender the land to my family provided we pay the agreed amount for the land.
During the said period of occupancy, our family decided to partially develop the property from where we normally reside to add rented commercial spaces. In due course of time, the spaces where fully rented by number of tenants, where B.S.U. has no objection in doing so.
There is this one tenant that rented one unit, who knew about the type of ownership we have for the said land. Having mentioned that, she spoke to many concern persons from the B.S.U. and even approached the office of the Governor of Benguet, trying to check if she can get the same property from us. But to no avail, nobody entertained her objectives.
My family and decided to evict her due to number of reasons:
1. Difficulty in paying her rent. Every time I tried collecting the rent, either you wont be able to see or talk to her or there will be many reasons. In fact she already missed payment for 15 days now. I believe the law states that the land owner can only evict a tenant only if the tenant missed payment of rent for three months.
2. Creating a non-friendly atmosphere between tenants due hearsays and convincing other tenants not to pay their respective rents as we are not the legal owners of the facility.
3. We want to make use of the unit for our own business.
QUESTIONS:
1. Is there any possibility to evict her at the soonest? How soon?
2. Should we give her eviction notice letter to this effect?
3. Is she still obliged to pay the rent for the direction she will use the facility until she vacates it? If she does not pay, what action should be the best?
4. After the eviction date and she does not comply, is it legal for me to pad lock the unit? If yes, what will be my legal grounds?
Awaiting your immediate reply.
Respectfully
Mrs. Rebecca Grail Isip
Benguet
