The Legal Side of Real Estate

[rocco69]

Posting this question on behalf of a non-MTC member friend.

 

My friend has 3 investment homes which he leases out to tenants. One of the homes was leased to someone who ran into a bit of cash flow issue. My friend has yet to give his tenant a lease contract, although rent has been paid for the past three months except for the month of Oct-Nov. The tenant previously agreed to vacate, but because they cannot find a suitable place to live after 2 weeks of searching, they asked for an extension, and deposited the rent due for the month.

 

Question: Does my friend (the landlord) have the right to forcibly evict the tenants despite the latter having paid their dues (since there is no contract signed), or is he obligated to give them the leeway/extension considering the circumstances.

 

By the way, the deposit has not been consumed and the rent for this month has been paid via deposit.

 

My friend asked me to refer tenants, which I found, but they were concerned since the present tenants have asked for a bit of an extension. I advised my friend to allow them as much time since the new tenants are willing to wait anyway. However, I do not know the letter of the law on this one so I hope someone can spare some advice. thank you.

1. Does my friend (the landlord) have the right to forcibly evict the tenants despite the latter having paid their dues?

 

No. Whether they have paid their dues or not, you cannot forcibly evict tenants, as the same would constitute grave coercion (see Art. 286, Revised Penal Code). You have to have a court order to evict tenants.

 

2. Is he obligated to give them the leeway/extension considering the circumstances?

 

No. As the owner, he has a right to demand that non-paying tenants leave, more so in this case where there is no written contract, which means that the lease expires every month, as rentals are paid on a monthly basis.

 

In sum, he cannot forcibly evict the tenant; but the tenant cannot unilaterally insist on an extension either. Which means, at the end of the month, he can demand that the tenant leave. However, if the tenant refuses to leave, he has to file a case for eviction against the tenant; as he cannot forcibly evict the latter.

[99PercentCaffeine]

1. Does my friend (the landlord) have the right to forcibly evict the tenants despite the latter having paid their dues?

 

No. Whether they have paid their dues or not, you cannot forcibly evict tenants, as the same would constitute grave coercion (see Art. 286, Revised Penal Code). You have to have a court order to evict tenants.

 

2. Is he obligated to give them the leeway/extension considering the circumstances?

 

No. As the owner, he has a right to demand that non-paying tenants leave, more so in this case where there is no written contract, which means that the lease expires every month, as rentals are paid on a monthly basis.

 

In sum, he cannot forcibly evict the tenant; but the tenant cannot unilaterally insist on an extension either. Which means, at the end of the month, he can demand that the tenant leave. However, if the tenant refuses to leave, he has to file a case for eviction against the tenant; as he cannot forcibly evict the latter.

 

Thank you for the response and advice. Follow up question: If he does decide to go through the courts for eviction, how long does the process usually take? Thanks a lot.

[rocco69]

 

Thank you for the response and advice. Follow up question: If he does decide to go through the courts for eviction, how long does the process usually take? Thanks a lot.

Court cases take some time. One year for an eviction case is an optimistic estimate.

[hitokiri_3020]

1. Does my friend (the landlord) have the right to forcibly evict the tenants despite the latter having paid their dues?

 

No. Whether they have paid their dues or not, you cannot forcibly evict tenants, as the same would constitute grave coercion (see Art. 286, Revised Penal Code). You have to have a court order to evict tenants.

 

2. Is he obligated to give them the leeway/extension considering the circumstances?

 

No. As the owner, he has a right to demand that non-paying tenants leave, more so in this case where there is no written contract, which means that the lease expires every month, as rentals are paid on a monthly basis.

 

In sum, he cannot forcibly evict the tenant; but the tenant cannot unilaterally insist on an extension either. Which means, at the end of the month, he can demand that the tenant leave. However, if the tenant refuses to leave, he has to file a case for eviction against the tenant; as he cannot forcibly evict the latter.

 

pareho po ba ito sa rice field tenants?

[rocco69]

 

pareho po ba ito sa rice field tenants?

Nope. Agricultural tenants are governed by tenancy laws and the Comprehensive Agrarian Reform Program.

[seraniko-ako]

patulong po ano po ang mga gagawin ko kung ipapalipat ko sa pangalan ung titulo ng bahay at lupa mula sa namatay kong ama papunta sa akin, ano po ang process..... salamat po mga sir at madam sa sasagot God bless

[rocco69]

patulong po ano po ang mga gagawin ko kung ipapalipat ko sa pangalan ung titulo ng bahay at lupa mula sa namatay kong ama papunta sa akin, ano po ang process..... salamat po mga sir at madam sa sasagot God bless

Una. Mangangailangan ka ng ebidensya kung papaano naging iyo ang bahay at lupa (dahil ito ay nakatitulo pa sa pangalan ng ama mo).

Kung ito ay namana mo, kailangan mo ng Extrajudicial Settlement of Estate (kung marami kayong tagapagmana) kung saan nakasaad na sa iyo napunta yung bahay at lupa; o di-kaya'y Affidavit of Self-Adjudication (kung nag-iisa ka lang na tagapagmana). Alalahanin mo na kung buhay pa ang iyong ina, isa rin siyang tagapagmana ng ama mo (kung kaya't Extrajudicial Settlement ang gagawin ninyo).

 

Pag nagawa na ito, kailangang ipa-dyaryo ng isang beses kada linggo, sa loob ng tatlong magkakasunod na linggo, (bale, tatlong beses) yung pangyayaring Extrajudicial Settlement (ito yung nababasa mo paminsan minsan sa dyaryo na may pamagat na "Legal Notice")

 

Pangalawa. MAGHANDA NG MALAKI-LAKING HALAGA!

 

Pangatlo. Bayaran ang buwis (estate tax) sa BIR (kailangan mo yung tax declaration ng lupa). Maaari mong ibawas sa babayaran yung mga nagastos sa pagpapahospital at pagpapagamot sa huling sakit ng iyong ama, pati ang mga nagastos sa pagpapalibing (kailangan ng resibo na magpapatunay sa mga gastusing ito). Pwede ring ibawas yung halaga ng bahay at lupa (hanggang P1M) kung ito ang tirahan ng iyong mga magulang (kailangan ng certipikasyon mula sa barangay na it ang "Family Home" ng iyong ama).

 

[NOTE: Kailangan mabayaran ang Estate tax sa loob ng anim na buwan mula sa pagkamatay ng iyong ama.Kung hindi ito nabayaran sa loob ng panahon na ito, may penalty agad na 25% ng halagang babayaran bilang buwis (sa madaling salita, 125% ang babayaran mo sa dapat na buwis)

Pagkatapos, kada taon na hindi ito nabayaran, may 20% interest sa halagang dapat bayaran, compounded (sa madaling salita ulit, yung interes ay kasama sa pagkukwenta ng karagdagang interes). Kung kaya't, kung matagal nang patay ang iyong ama, maaaring napakalaking halaga na ang babayaran mo bilang Estate Tax.]

 

 

Bayaran ang Documentary Stamp Tax (sa BIR din ito).

 

Bayaran ang Transfer Tax sa munisipyo.

 

Bayaran ang real estate tax (sa munisipyo din).

 

Pang-apat. Pag bayad na ang mga buwis, kunin ang tax clearance sa munisipyo at yung Certificate Allowing Registration (CAR) sa BIR.

 

Pang-lima. Pumunta na sa Register of Deeds dala lahat ng dokumento para ipalipat na yung titulo sa iyong pangalan.

 

Good luck.

[BettyConfidential]

Hi. I need some expert inputs on this:

 

I bought a townhouse 2 years ago on an assume-balance basis. I'm paying Pag-ibig under the first owner's name.

• These are the docs I have with me:
• Deed of Absolute Sale
• Transfer Certificate of Title (Certified True Copy)
• All payment receipts

 

The first owner called me up a few days ago asking about the house. Until now I was not able to move in the unit and the first owner asked if he could buy it out. I'm open to it. What arrangement can we make? He said he cannot pay it in one go. If he gives a downpayment do I have to give him any documents aside from a receipt? He asked me kase kung pwede daw wala ng ibang parties (I'm assuming he's referring to an agent or a lawyer?) at kaming 2 na lang mag-usap.

 

Any advice would be appreciated. Thanks!

[sanchezZZZzz]

Pde naman yan kayo lang kaso there would be higher safety for you kung may other parties involve like reb, lawyer (mataas na yung fee nun), agent would not be necessary,,, magkno naba naabonohan mo at how would they plan to pay u back?

 

Hi. I need some expert inputs on this:

 

I bought a townhouse 2 years ago on an assume-balance basis. I'm paying Pag-ibig under the first owner's name.

 

• These are the docs I have with me:
• Deed of Absolute Sale
• Transfer Certificate of Title (Certified True Copy)
• All payment receipts

The first owner called me up a few days ago asking about the house. Until now I was not able to move in the unit and the first owner asked if he could buy it out. I'm open to it. What arrangement can we make? He said he cannot pay it in one go. If he gives a downpayment do I have to give him any documents aside from a receipt? He asked me kase kung pwede daw wala ng ibang parties (I'm assuming he's referring to an agent or a lawyer?) at kaming 2 na lang mag-usap.

 

Any advice would be appreciated. Thanks!

[2ae]

Hello...good day...could anyone talk about lease of land property. Wanna know what is best lease for a piece of land....

Edited February 1, 2018 by 2ae

[BettyConfidential]

Pde naman yan kayo lang kaso there would be higher safety for you kung may other parties involve like reb, lawyer (mataas na yung fee nun), agent would not be necessary,,, magkno naba naabonohan mo at how would they plan to pay u back?

Hi. Thanks for the reply. Almost half a mil. I told them we could settle in staggered payments within 6 months. I'm just not sure if that is acceptable, too long ba o pwede pa iextend kung makiusap. At anong arrangement ang pwede. I also need the money for another property.

[rocco69]

Hi. Thanks for the reply. Almost half a mil. I told them we could settle in staggered payments within 6 months. I'm just not sure if that is acceptable, too long ba o pwede pa iextend kung makiusap. At anong arrangement ang pwede. I also need the money for another property.

Contract to Sell with Re-assumption of Mortgage [since you are still paying for the loan in the 1st owner's name, he just re-assumes the mortgage] (where you retain title to the property until you are fully paid, and promise to execute a Deed of Absolute Sale only upon full payment); plus post-dated checks for the staggered payments (so that if they bounce, you can file a criminal case for violation of BP22);

[BettyConfidential]

Contract to Sell with Re-assumption of Mortgage [since you are still paying for the loan in the 1st owner's name, he just re-assumes the mortgage] (where you retain title to the property until you are fully paid, and promise to execute a Deed of Absolute Sale only upon full payment); plus post-dated checks for the staggered payments (so that if they bounce, you can file a criminal case for violation of BP22);

 

Thank you! Never thought about post-dated checks. This is really helpful.

Edited February 5, 2018 by BettyConfidential

[charliehouse]

Tanong lang po.

May nabili po kaming lupa covered by tax dec by virtue of extrajudicial settlement partition at simultaneous sale. Gusto namin na magkaroon ng titulo. Now kung hindi po nagbayad ng estate tax ang mga heirs ng lupa liable ba kami sa estate tax considering na di pa titulado ito?

[cbotc]

Is the Estate Tax Amnesty House Bill 4814 already in effect?

 

We are about to settle the estate tax of my Mom who passed away in 2015 and we are covered by the amnesty for unpaid estate tax from 2016 and prior years. I wonder if we can avail of the amnesty already at this time.

 

Thanks in advance for your legal advice.