legal Free Legal Advice

[Pinoymale]

mag seek lang po ng legal advise...

 

nagpapaupa ako ng pwesto and meron kasi akong isang tenant na gusto ko sanang mapaalis na due to delinquency in paying the rent, excessive heat emanating from the place(bakery kasi un business) at nasira na un place due to their neglect to maintain the place well.

 

Ano po ba ang dapat na maging step ko para mapaalis ko sila. nagkaron kami ng contract but nag expire na sya last Dec 2011. We have not made a new contract as of this time. Meron bang prescribed sa law stating kung ilang araw,weeks,months ang notice ko for them to vacate the premise?

 

Hope you can advise me on what steps I need to do so that I will not bypass their rights and at the same time serve my purpose to have them vacate my place.

 

What curian advised is correct. Since the contract has already expired there is no need to send a demand letter but you should send one anyway so that your tenant cannot use that as an excuse. As much as possible, resolve the matter via compromise agreement or a complaint with the barangay. If you have to file an ejectment complaint with the court, it may take from 6 months to over a year to evict your tenant because of legal requirements and procedures.

 

If your contract states that you can re-take possession of your property without filing a court action then one thing you can do is turn off the electricity at the circuit breaker/fusebox. If only you and not your tenant has access to it then there's no way they can turn the power back on. It will force them to settle with you.

[keyholder]

Hmmm, mukhang kakainin ako ng buhay pag nag backread ako ng 567 pages kaya tatanong ko nalang dito. Di ko rin kasi sure kung may nagtanong na dati nito.

 

Bagong salta lang po ako, labas ng college. At soon, magwowork na rin ako. Pero balak ko agad mag-invest at mag-setup ng maliliit na business. Unang option is foodcart. Ano bang kelangang papeles para makapagoperate maliban sa DTI-SEC na automatic hinihingi ng mga admin sa mall? Tsaka since franchise naman, kelangan ko pa bang kumuha ng permit sa FDA (dating BFAD?) o bahala na yung mother company ng franchise?

[wildswans]

good day sir.

 

i'd like to know if DOLE entertains anonymous complaints of an employee against his or her employer regarding poor working conditions like working longer than 8 hours without pay, not having sss and other mandatory benefits, no vacation leave and no sick leave, and no 1 hour lunch breaks? especially if the employee is still working in the company. Also does BIR entertain anonymous complains or reports?

 

thanks.

[tourista]

Good day po.

 

Meron po ba Attorney dito that i can consult about

the filling of a petition for correction of entry under rule 108 of the Rules of court,

involving a foreign divorce decree on a filipino spouse ?

 

Maraming salamat po.

[MartyMart]

What curian advised is correct. Since the contract has already expired there is no need to send a demand letter but you should send one anyway so that your tenant cannot use that as an excuse. As much as possible, resolve the matter via compromise agreement or a complaint with the barangay. If you have to file an ejectment complaint with the court, it may take from 6 months to over a year to evict your tenant because of legal requirements and procedures.

 

If your contract states that you can re-take possession of your property without filing a court action then one thing you can do is turn off the electricity at the circuit breaker/fusebox. If only you and not your tenant has access to it then there's no way they can turn the power back on. It will force them to settle with you.

 

Isn't it that even if the written contract has expired but you allowed the tenant to remain on your property, the lease is deemed renewed on a monthly basis if rental is paid on a monthly basis, or weekly if rent is paid on a weekly basis, etc.? It is always better to issue a demand letter to forestall any legal excuse the tenant may have to continue staying on the property. Make sure that there is proof that the tenant received copy of the said demand letter by getting a written acknowledgment of receipt or by sending the letter by registered mail.

[subsistence]

Sir Rocco maraming salamat po pala.

 

Long overdue na yung pag thank you ko sa mga reply nyo hehe.

[Pinoymale]

Isn't it that even if the written contract has expired but you allowed the tenant to remain on your property, the lease is deemed renewed on a monthly basis if rental is paid on a monthly basis, or weekly if rent is paid on a weekly basis, etc.? It is always better to issue a demand letter to forestall any legal excuse the tenant may have to continue staying on the property. Make sure that there is proof that the tenant received copy of the said demand letter by getting a written acknowledgment of receipt or by sending the letter by registered mail.

 

That's true. To be specific, for a renewal to be implied, the lessee must have occupied the property for at least 15 days with the acquiescence/permission/consent of the lessor and neither party has given contrary notice.

 

If the contract has expired but the lessee refuses to vacate, the lessor may immediately (within 15 days from expiration) file a barangay complaint/ejectment case without having to send a demand letter first. Having said that, it is still a good idea, as you said, to send a demand letter to avoid legal complications.

 

I've filed ejectment cases before and it's amazing (and also irritating) how creative people can be when it comes to finding holes and defects in your complaint! :P

[Pinoymale]

Hmmm, mukhang kakainin ako ng buhay pag nag backread ako ng 567 pages kaya tatanong ko nalang dito. Di ko rin kasi sure kung may nagtanong na dati nito.

 

Bagong salta lang po ako, labas ng college. At soon, magwowork na rin ako. Pero balak ko agad mag-invest at mag-setup ng maliliit na business. Unang option is foodcart. Ano bang kelangang papeles para makapagoperate maliban sa DTI-SEC na automatic hinihingi ng mga admin sa mall? Tsaka since franchise naman, kelangan ko pa bang kumuha ng permit sa FDA (dating BFAD?) o bahala na yung mother company ng franchise?

 

Nagbukas kami ng siomai franchise last year pero sa isang commercial bldg sa loob ng village, hinde sa mall. Kumuha kami ng barangay permit, DTI registration, mayor's/business permit, at BIR registration. Di na kami pinakuha ng FDA permit.

[dyasper]

need legal help regarding po sa utang.

 

a batch mate of mine has a 35k debt to me since kaibigan ko naman dko na ginawan ng written note na nangutang sya at ginamit nya kasi un sa emergency regarding her mom who was on the hospital at the time. ngayon malapit na mag 2 yrs un utang kahit ano wala pa sya nabayaran. paano po ba ang magandang step na gawin para idaan sa legal means para po magbayad sya? worried po ako baka kasi i deny nya un utang since wala kami kasulatan about it.

 

 

Thanks in advance sa mga magrereply.

[Pinoymale]

need legal help regarding po sa utang.

 

a batch mate of mine has a 35k debt to me since kaibigan ko naman dko na ginawan ng written note na nangutang sya at ginamit nya kasi un sa emergency regarding her mom who was on the hospital at the time. ngayon malapit na mag 2 yrs un utang kahit ano wala pa sya nabayaran. paano po ba ang magandang step na gawin para idaan sa legal means para po magbayad sya? worried po ako baka kasi i deny nya un utang since wala kami kasulatan about it.

 

 

Thanks in advance sa mga magrereply.

 

 

Your problem is proving the existence of the loan. I suggest that you meet your batchmate to discuss payment of the loan, preferrably at a public place like a restaurant. You should bring a friend, or friends, to the meeting to personally witness the discussion. (If you think your batchmate will not discuss the loan in front of a 3rd person, have your friend/s sit at a nearby table where s/he can hear the discussion). In case you have to file a complaint for sum of money, you can present your friend/s as a witness since s/he personally witnessed the discussion and can testify on what was discussed.

 

Depending on where you live, this may be filed with the Small Claims Court.

 

I do hope you can collect without having to file a court complaint.

[jopok]

gusto ko lang itanong,,our company union have s strike fund thats is being kept supposedly by the treasurer,no one among the members knows how much the money is?can we ask the union to tell us how much it is,the intersr earned from the time it was collected and deposited(roughly 15 years)and what are the widrawals that are made against it,,and how it was used?..di pa naman kasi nag strike eversince..we just found out that there a four bank accounts supposedly under the name of four different officer aside from the treasurer..tama po ba yon?di po ba dapat hindi nakapangalan sa kanila ang account kundi sa union at dapat ay konrolado ng treaurer ang lahat ng bagay na may kinalaman sa pag galaw ng pondo ng union?salamat po

[Pinoymale]

gusto ko lang itanong,,our company union have s strike fund thats is being kept supposedly by the treasurer,no one among the members knows how much the money is?can we ask the union to tell us how much it is,the intersr earned from the time it was collected and deposited(roughly 15 years)and what are the widrawals that are made against it,,and how it was used?..di pa naman kasi nag strike eversince..we just found out that there a four bank accounts supposedly under the name of four different officer aside from the treasurer..tama po ba yon?di po ba dapat hindi nakapangalan sa kanila ang account kundi sa union at dapat ay konrolado ng treaurer ang lahat ng bagay na may kinalaman sa pag galaw ng pondo ng union?salamat po

 

Dapat talaga sa pangalan ng union ang bank accounts kasi pag nasa pangalan ng officer officially pera nya yun at hinde pera ng union. Ang normal procedure ay sa pangalan ng union ang bank account tapos specified kung sino ang authorized officer na pwedeng mag-transact sa account na yun.

[jopok]

Dapat talaga sa pangalan ng union ang bank accounts kasi pag nasa pangalan ng officer officially pera nya yun at hinde pera ng union. Ang normal procedure ay sa pangalan ng union ang bank account tapos specified kung sino ang authorized officer na pwedeng mag-transact sa account na yun.

 

ok,po,eh ung pagkakaroon ng 4 accounts?normal po ba yun,wala bang rules or guidelines dito from the labor code or any legal precedent or comments from the court?

[evilson]

i don't know kung anu gagawin ko dito at any legal advice dito?

 

sa private fb ko kasi i recieved a lot of cyberbullies (karamihan galing sa mga kapitbahay ko) and i want to sue few of them pero i just found out na minor pala gumagawa nito sakin nito. Ano kaya ang action na gagawin ko dito?

[Pinoymale]

ok,po,eh ung pagkakaroon ng 4 accounts?normal po ba yun,wala bang rules or guidelines dito from the labor code or any legal precedent or comments from the court?

 

Wala naman ata bawal sa pag-open ng 4 accounts basta lahat nasa pangalan ng union. Normally, 1 account lang ang binubuksan.