The Legal Side of Real Estate

[99PercentCaffeine]

Good day!

 

We have recently moved in to an apartment that is much bigger than our previous residence. Against my better judgement I agreed to take in a bedspacer. He took one of the two spare rooms that are not occupied and paid for the required one month deposit and advance. I gave him an ackowledgement receipt and was preparing a lease agreement when he suddenly got a "job" elsewhere which necessitated moving out soon. We never agreed to a short term stay and while we had no contract yet, he said that he wanted to stay till at least December of this year.

 

While incensed, I tried to be reasonable and offered that we pay back his deposit as soon as there is another tenant. He is insisting that we pay him back in a week regardless of whether or not we find a tenant right away, which I find appalling. I have perused RA 9161 and RA 9653 to find out what our recourse may be (said tenant claims his father is a lawyer), and found no specific provisions that cover buyers remorse. I would like to know the amount of time landlords have to pay back deposits by tenants who suddenly changed their minds. If any lawyers or expert landlords here can provide advise, I would greatly appreciate it. Thanks.

 

 

PS

 

IN light of this development, I am leaning towards not accepting tenants at all, if I can avoid it. However, I need at least 10 days to get the money back out. Do I have that long? Thanks again.

 

 

I was hoping this would be resolved by now. Alas, the ex-tenant is adamant and not willing to listen to reason. Based on the practice of the landlords in the area (I have done a thorough survey since this whole matter started. He vacated 2 days ago and came by today demanding his money back PRONTO. So I countered with an offer that since we do not have a binding contract, I give him back his security deposit (minus the advance, which he consumed). I offered to put everything in writing, including the exact amount that he will receive as refund (his entire deposit) and the exact date as to when he can come by to collect it.

 

The ex-tenant just said "Magkita na lang tayo sa korte". I agree that such is a legal recourse he can and must utilize. I just want to confirm if I understand the process correctly. These cases start on the barangay level, and, if amicable settlement is not reached, the complainant reserve the right to file with the courts.

 

He's also been alluding to the fact that his father is a lawyer and that he can "by-pass" the barangay. I have not seen any provision in the laws that says that so I want to know if that is even remotely possible. I'd like to say I have faith in the letter of the law and due process but I want to be sure I am prepared for any and all possibilities.

[cbotc]

 

 

I was hoping this would be resolved by now. Alas, the ex-tenant is adamant and not willing to listen to reason. Based on the practice of the landlords in the area (I have done a thorough survey since this whole matter started. He vacated 2 days ago and came by today demanding his money back PRONTO. So I countered with an offer that since we do not have a binding contract, I give him back his security deposit (minus the advance, which he consumed). I offered to put everything in writing, including the exact amount that he will receive as refund (his entire deposit) and the exact date as to when he can come by to collect it.

 

The ex-tenant just said "Magkita na lang tayo sa korte". I agree that such is a legal recourse he can and must utilize. I just want to confirm if I understand the process correctly. These cases start on the barangay level, and, if amicable settlement is not reached, the complainant reserve the right to file with the courts.

 

He's also been alluding to the fact that his father is a lawyer and that he can "by-pass" the barangay. I have not seen any provision in the laws that says that so I want to know if that is even remotely possible. I'd like to say I have faith in the letter of the law and due process but I want to be sure I am prepared for any and all possibilities.

From what I know, the BIR requires landlords to put security deposits from tenants in a bank account which is audited by the BIR. This means that security deposits should always be available for refund to tenants, in fact the tenant is entitled to interest earned by his deposit if any (just like Meralco paying back it's customers for interest earned by meter deposits made by the customer). I am not aware of a law covering refunds however. Your case is complicated by the fact that there is no contract, had a contract been in place you could have even forfeited the deposit for pre- termination of the lease contract. Yes, the first step to resolution would be at the barangay level.

[japlog]

Question lang po..

If un technical description ng title has erroneous points ano po ba process nito para maayos? The title indicates 6 pts but 2 of these points are erroneous. I already verified that it is not typo error as the previous title had the same entries. Meron po ba mas mabilis na way to have this settled? Kasi I plan to loan from the bank for house construction.

[masi]

Question lang po..

If un technical description ng title has erroneous points ano po ba process nito para maayos? The title indicates 6 pts but 2 of these points are erroneous. I already verified that it is not typo error as the previous title had the same entries. Meron po ba mas mabilis na way to have this settled? Kasi I plan to loan from the bank for house construction.

 

Are you willing to pay the services of a geodetic engineer? If so, engage one and he will be able to "verify" your TCT with the Land Registration Authority (LRA) and the DENR Land Management Service (formerly Bureau of Lands), where all Technical Descriptions are approved and filed.

[camus]

I was hoping this would be resolved by now. Alas, the ex-tenant is adamant and not willing to listen to reason. Based on the practice of the landlords in the area (I have done a thorough survey since this whole matter started. He vacated 2 days ago and came by today demanding his money back PRONTO. So I countered with an offer that since we do not have a binding contract, I give him back his security deposit (minus the advance, which he consumed). I offered to put everything in writing, including the exact amount that he will receive as refund (his entire deposit) and the exact date as to when he can come by to collect it.

 

The ex-tenant just said "Magkita na lang tayo sa korte". I agree that such is a legal recourse he can and must utilize. I just want to confirm if I understand the process correctly. These cases start on the barangay level, and, if amicable settlement is not reached, the complainant reserve the right to file with the courts.

 

He's also been alluding to the fact that his father is a lawyer and that he can "by-pass" the barangay. I have not seen any provision in the laws that says that so I want to know if that is even remotely possible. I'd like to say I have faith in the letter of the law and due process but I want to be sure I am prepared for any and all possibilities.

Yes barangay first. If it cannot be resolved, the barangay issues a certificate. The court asks for that certificate before it will accept cases. It is possible to bypass if malakas ka. But I wouldn't sweat it if I were you. Even if goes to court, the court will also want you to settle.

[japlog]

 

 

Are you willing to pay the services of a geodetic engineer? If so, engage one and he will be able to "verify" your TCT with the Land Registration Authority (LRA) and the DENR Land Management Service (formerly Bureau of Lands), where all Technical Descriptions are approved and filed.

 

Thanks sir Masi for the advise. I actually acquired the services of the geodetic engineer to survey the lot only and get the correct desc. I will check with him if he can provide the service you mentioned. Thanks again

[PalosVerdes]

Question lang po..

If un technical description ng title has erroneous points ano po ba process nito para maayos? The title indicates 6 pts but 2 of these points are erroneous. I already verified that it is not typo error as the previous title had the same entries. Meron po ba mas mabilis na way to have this settled? Kasi I plan to loan from the bank for house constructioIf

If the technical description on your title is the same as that from which it was derived, how can you say that it was erroneous? In short, determine which is the correct technical description and compare it with your title. The advice is right that you verify with the LRA. Engaging a Geodetic Engr is also correct in order for him to tell you "this is the technical description of your property". After determining from the LRA what is the correct technical description of your property/ title, the question is to what does the error pertain? Will it make your property move from one location to another or it presents an open polygon? If the remedy is really to correct the technical description on your title to conform to that verified from the LRA, then the only remedy is to file a Petition in the RTC where the land is situated for "correction of technical description". The law requires that any correction or revision in the title to land may only be done by the Register of Deeds upon lawful order of the competent court. I believe banks would still entertain your application upon the condition that you file the proper Petition and update them of the developments of the case.

[japlog]

If the technical description on your title is the same as that from which it was derived, how can you say that it was erroneous? In short, determine which is the correct technical description and compare it with your title. The advice is right that you verify with the LRA. Engaging a Geodetic Engr is also correct in order for him to tell you "this is the technical description of your property". After determining from the LRA what is the correct technical description of your property/ title, the question is to what does the error pertain? Will it make your property move from one location to another or it presents an open polygon? If the remedy is really to correct the technical description on your title to conform to that verified from the LRA, then the only remedy is to file a Petition in the RTC where the land is situated for "correction of technical description". The law requires that any correction or revision in the title to land may only be done by the Register of Deeds upon lawful order of the competent court. I believe banks would still entertain your application upon the condition that you file the proper Petition and update them of the developments of the case.

Sir I compared the title held by previous owner and the tech desc is exactly same as mine. Last year when I planned to build a house on the said lot, the contractor told me na "hindi nagsasara un lote" so basically an open polygon and he told the points that are incorrect. I had a geodetic engineer to survey the lot to verify the correct tech desc. So from the 6 pts described on the title, 2 were incorrect while the other 4 pts are correct(based dun sa existing mohon sa lot).

Thanks for the advise sir.

[pogingpogi]

Question sir

 

May property father ko 2 storey building "office space" may umuupa na size is 100sq and yung lupa sa kanya din mismo. Biglang namatay si father. Recently just found out na nasa pangalan namin dalawa yung property.

 

Ano kailangan ko gawin kailangan ba alisin na name niya sa title? ? sabi ng iba do estate tax procedure para name ko na ang magappear , some gawin donation /donor's tax na ang daw gagawin? And gawa daw ako company para makapagresibo sa mga tenants?

 

Please advice

[jazon7099]

Question sir

 

May property father ko 2 storey building "office space" may umuupa na size is 100sq and yung lupa sa kanya din mismo. Biglang namatay si father. Recently just found out na nasa pangalan namin dalawa yung property.

 

Ano kailangan ko gawin kailangan ba alisin na name niya sa title? ? sabi ng iba do estate tax procedure para name ko na ang magappear , some gawin donation /donor's tax na ang daw gagawin? And gawa daw ako company para makapagresibo sa mga tenants?

 

Please advice

ano ibig mo sabihin sir na nakapangalan sa inyong dalawa ung property?

 

pero ang titulo po ba e nakapangalan pa din sa father mo.boss? kung ung titulo ng lupa ay kapangalan sa namatay mong ama e eatate proceesings po. kung mag isa mo na lng na tagapagmana e gawa ka ng self adjudication. kung may mga kasama ka pa at ala kau issue sa hatian e gawa ka ng extra-judicial settlement. kung d kau magkaintindihan sa mga hati hati nyo e ipakorte mo po ang paghahati

[spadon]

My 90 yo Lola is disposing her property. She never married and has no children. We are the living heirs. I plan to pay for the property on installment. She needs the money and I do not want to wait for inheritance laws to kick in. My questions:

 

1. Is it Contract to Sell or Conditional Deed of Sale? I want my Lola to allow me to develop the property even though the property has not been fully paid yet.

2. In case she passes on and the installments have not fully paid, what happens to the transaction?

 

If there is a better way of doing this, please advice. Thanks.

[mr_kindred23]

Guyz..need some help and advice...a good friend of mine (girl) is having a problem so just need help....yung friend kong girl with his partner..kumuha ng Rent to own houze and lot....ok sana ..kaso nagkaroon sila ng problem...naghiwalay sila...now ang concern nung girl is dun sa kinuha nilang hauz..sabi sa akin nag-invest si girl ng 20k dun sa hauz kaso nakapangalan sa guy yung hauz kasi lahat ng document na requirement is mayroon si guy at ala si girl...ngayon since naghiwalay sila...may possible way ba na mapasakanya yung hauz at sya nalang magpapatuloy ng bayad..isa pa concern kahit sa resibo ng bayad sa guy parin nakapangalan ...si guy kasi contribution niya is yung documents pero yung bayad/financier is si girl...pinaliwanag ni girl sa opis na sya ang financier at yung guy lang is for document....ok naman daw yon basta pumayag si guy ipagamit mga requirements nya..after 1yrs daw pde na i transfer ang title sa girl pag ok na...kaya ginawa nung girl is pinachange address nalang niya yung kung saan didiliver yung mga sulat regarding sa hauz..para pag maysulat eh mamonitor niya kung matratansfer na yung title...

 

worried lang...what if di pumayag si guy ipagamit yung document?? may habol pa ba si girl na mapatransfer yung title sa kanya ?

is there any other way ? di kasi ineexpect ni girl na maghihiwalay sila...kaya kala niya for the future nila...kaso eto,,medyo paranoid...so concern lang to seek advice..thanks in advance

Edited August 18, 2016 by mr_kindred23

[X0X0]

Guyz..need some help and advice...a good friend of mine (girl) is having a problem so just need help....yung friend kong girl with his partner..kumuha ng Rent to own houze and lot....ok sana ..kaso nagkaroon sila ng problem...naghiwalay sila...now ang concern nung girl is dun sa kinuha nilang hauz..sabi sa akin nag-invest si girl ng 20k dun sa hauz kaso nakapangalan sa guy yung hauz kasi lahat ng document na requirement is mayroon si guy at ala si girl...ngayon since naghiwalay sila...may possible way ba na mapasakanya yung hauz at sya nalang magpapatuloy ng bayad..isa pa concern kahit sa resibo ng bayad sa guy parin nakapangalan ...si guy kasi contribution niya is yung documents pero yung bayad/financier is si girl...pinaliwanag ni girl sa opis na sya ang financier at yung guy lang is for document....ok naman daw yon basta pumayag si guy ipagamit mga requirements nya..after 1yrs daw pde na i transfer ang title sa girl pag ok na...kaya ginawa nung girl is pinachange address nalang niya yung kung saan didiliver yung mga sulat regarding sa hauz..para pag maysulat eh mamonitor niya kung matratansfer na yung title...

 

worried lang...what if di pumayag si guy ipagamit yung document?? may habol pa ba si girl na mapatransfer yung title sa kanya ?

is there any other way ? di kasi ineexpect ni girl na maghihiwalay sila...kaya kala niya for the future nila...kaso eto,,medyo paranoid...so concern lang to seek advice..thanks in advance

 

AFAIK.

from the payee's perspective the money is coming from the guy.

 

unless... you have a paper trail that proves that the money is coming from the girl. example: cheques cleared.

if this was done via cash.. you re in for a pain

 

i hope they separated in good terms.. and ask the guy to sign an agreement.

 

to me all youve said is verbal and you might just be making it up. I dont know the girl or the guy, i will base my decisions over whats on paper.

[mr_kindred23]

 

AFAIK.

from the payee's perspective the money is coming from the guy.

 

unless... you have a paper trail that proves that the money is coming from the girl. example: cheques cleared.

if this was done via cash.. you re in for a pain

 

i hope they separated in good terms.. and ask the guy to sign an agreement.

 

to me all youve said is verbal and you might just be making it up. I dont know the girl or the guy, i will base my decisions over whats on paper.

thanks for this information...honestly yun din kutob ko..how would she prove na sya tlaga...all documents is on the guy's name...kaso she's insisting na sya nag finance, so I askd her bakit sa name ng guy...coz lahat ng document such as pag-ibig mayroon yung guy....sya wla...so agreement nlng nila na sa name ng guy ..di nya ineexpect na magkakalabuan sila...wla na balak guy regarding sa hauz.. ..

 

now the update is ..nakausap na nya yung agencies and told na coconvince nalang yung guy to continue the hauz hangang sa maturn over..then hanap ng ibang buyer para marefund yung equity na naibigay nila...madali lang daw makahanap ng buyer since the hauz is already approved ng pagibig...yun sabi... hope this would work..as long the guy would accept to continue...and agreement nalang nila is pumayag yung girl na hati sila sa makukuha refund...its a total of 25k kasi yung equity and down..and pumayag naman yung agencies/developer as long pumayag yung guy... any more tips and idea would really appreciate it...tnx

Edited September 1, 2016 by mr_kindred23

[soptayo]

Hi I need help,

 

may pinsan ako nakabili ng property, na check naman at pareho doon sa previous owner ang technical description sa title. Ayun pala, yung previous owner hindi napansin na may typo error dun sa title nya. Ang problem is yung isang coordinate instead of South, naging North.. Kaya pag plot ng technical description hindi nagclose ang drawing ng property. Paano ipapaayos ito? Madali lang ba ito? Ano ang mga requirements for this? Magkano aabutin ang ganito? Thank you in advance sa makakatulong.