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You're the bad person

Updated: Jan 20, 2023

When the pandemic hit, the lessee couldn't sub-lease the unit. From thereon, the lessor had a difficult time contacting the lessee. The owner sent numerous follow-ups on whether or not the lessee will renew the lease. It was only after a few days AFTER the lease's expiry that the tenant replied that they would renew and would be paying in a few days.


A month passed, and the owner failed to receive any payment for the renewal. The tenant then claimed that they would sell the furniture (the lessee’s) to fund the rent. Another month passed, and no payment was made. By the third month, the tenant finally said they would terminate the lease.


The owner sent numerous emails asking the tenant to return the unit (pull-out furniture and give back the keys) until finally, she decided to enter the unit forcibly.


The owner informed the tenant that they would be forfeiting the two months' security deposit to cover the unpaid rent, an unpaid utility bill, the replacement of the door lock, and other repairs and missing items. Wanting to be rid of the headache, she decided to shoulder the shortfall.


A month passed, and the owner received a demand letter from the tenant for the security deposit. Eight months later, the owner received a summon from a Small Claims Court. In the hearing, the tenant painted the owner to be the bad person. The tenant said they wanted to pull out their items when the lease expired and that the owner claimed them to be hers.


Lessons:


1. Don't try to be the better person, and willingly extend deadlines. It can backfire.


2. Renewals should be evidenced by payment—no payment = no renewal.


3. Although screenshots of messages via apps are admissible, email communication is better since their authenticity can be proven more easily.


4. Specify a designated email address in the lease contract to which communication may be sent.


5. Apparently, there's such a thing as a "Small Claims Court." The Supreme Court developed this venue to provide a simple, speedy (they have a one-hearing rule), and inexpensive way to settle disputes. Rental disputes may be filed with them for as long as claims are below Php1 Mn. You don't need a lawyer to do this.

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