Can A Landlord Do This!?

[i am bob]

As long as they have all payments current, the landlord cannot force them out. He can change the locks when they aren't home though. First thing the girls should do is change the locks themselves.

Is this allowed and accepted? The Girls changing the locks i mean.

It all depends on how their lease was written. Odds are there is nothing in the lease that says they can't. And if the landlord wishes to raise issue with the locks being changed, all they need to do is say they did not feel safe or secure until they changed the locks - and there is nothing the landlord can do about it.

[scott h]

Trying to read between the lines here, but sounds like land lord bought a condo as an investment and is renting it out. So single unit not an apartment complex like we are used to. So this is probably a sublet and I would be willing to bet there is not a  "rental agreement" per se. Doesn't sound like a contract between a company and customers but more like the "bed spacer" arraingments you see all the time. With out more info on the situation we are all really just guessing.

 

Bottom line, I think the girls are SOL

[Miguk]

I have seen foreigner and filipino landlords do whatever they want here, even to one foreign landlord kicking out his best friend with 3 days notice.  Same guy kicked me out with 3 days notice because I complained that his karaoke was too loud.

 

For anyone who says they cannot do that, who ya gonna call?  Your lawyer?  (10 year court case)  The cops?  (Seen that tried with no success)  Your congressman  :hystery: This is Philippines and this is how its done here.  Be friendly with your landlord.

Then they wonder why people go amok!

[Miguk]

When I used to live there I had business cards made up with the PNP Director's name.....worked like a charm :thumbsup:

[MikeB]

It all depends on how their lease was written. Odds are there is nothing in the lease that says they can't. And if the landlord wishes to raise issue with the locks being changed, all they need to do is say they did not feel safe or secure until they changed the locks - and there is nothing the landlord can do about it.

Nothing he can do? That's funny. Try changing the locks w/o the permission of the owner and watch what happens. This isn't Canada. There are written laws and there's the reality of enforcement and the dysfunctional court system. In most cases a lease is basically worthless here. 

[i am bob]

Nor is thus the US which you are probably thinking of because there you have to give the landlord the right of entry. Not so in the Philippines. Also, check out this site: real-estate-leading.knoji.com/tenant-eviction-law-in-philippines/ This will quickly tell you what a landlord can and cannot do - and one of the ones he can't do is evict the girls for the reasons given at the start of this thread. If he persists, perhaps give him a copy of the legal info above. The threat of the fines may be enough for him to back down. This is Makati, not Argao. It's not so easy to do something illegal. There are also lots of young law graduates who want to make their mark who might even help the girls for a very low fee.

Edited August 13, 2014 by I am bob

[Thomas]

For anyone who says they cannot do that, who ya gonna call? Your lawyer?

  How about some scary looking goons?   :)

 

 

The landlord's request seems unreasonable and of course the young ladies are very concerned and frightened.

 

this should be taken to the local barangay and discussed,

in previous articles in the DEAR PAO column(manila times.net) she has discuss situations similar to this,

 the BARANGAY in some areas (of personal life problems... i.e, neighbors,stray dogs, debts)can assist,

 

 i am speaking of what I have seen & noticed over the years, (not my personal experience ) as i am 1 of the ones who likes to know what they do and ask questions in case i have a problem,,,,,

Yes.  I don't know if it functions in big cities as Manila,

but in province baranggays they often functions similar to a court concerning some types of cases.  I suppouse renting belong to theese cases.  In some baranggays they function mainly as mediators, but they can decide too when agreements aren't reached.

[Malcolm Graham]

When Dave wrote this my immediate thought was why not

 

For anyone who says they cannot do that, who ya gonna call?  Your lawyer?  (10 year court case)  

 

The 10 year court case affects the landlord worse then the tenant.  While the court case is on going no eviction with the protection of the courts and therefore the PNP.  No rent increase until he wins his case.   I know its not done like that here in the Philippines but someone just needs to try.  RA9653 and the Civil Code of the Philippines lays out what a landlord can and can't do.  Relevant articles of the civil code are from 1670 to 1800.  

[Dave Hounddriver]

While the court case is on going no eviction with the protection of the courts

 

I'm not trying to be smart but:  Good luck with that.

[FlyAway]

 

While the court case is on going no eviction with the protection of the courts

 

I'm not trying to be smart but:  Good luck with that.

 

 

Perhaps something like that works in USA and other places. One eviction tactic I hear used a lot is an accidental fire. Plus I have never heard of courts in Philippines being able to protect anything.