How to Evict a Tenant Who Won't Leave By Lynndee Marooney, eHow Contributor updated December 19, 2010 Print

this article Eviction often happens after a tenant cannot pay her rent. Having a tenant who refuses to leave your property can be a frustrating experience. A person who refuses to leave may have to be evicted which takes time and money. An eviction is a legal process that must go through the court system and forces the tenant to move. Each state has laws that govern the eviction process and depending on the process, the time requirements to evict a tenant will vary. Difficulty: Moderately Challenging Instructions 1 Visit chiff.com to view the eviction laws for your state. (see Resources) Read all of the information carefully to ensure you follow the correct process. Failure to proceed according to law could result in your facing legal action or monetary fine. Contact a local attorney who specializes in housing issues if you have any questions. Attorneys will often offer a free consultation. 2 Complete the forms listed on your state's legal website. The link to your state's website can be found in Step 1. For states that do not have the forms listed on the website, contact or visit your local clerk of the court to obtain the proper forms. In many states the first step is to give the tenant a three day notice to vacate. This form is then delivered to the tenant. After three days, if he has failed to leave the property, you will fill out a second form and file it with the clerk of the court and wait for a court date. 3 Go to court on your specified day. You must have all evidence with you. Be prepared to provide the judge with details. How late is the rent? Were laws being broken? What opportunities did you give the tenant to fix the situation? Follow the steps advised by the court if the judge orders the eviction. You may be required to contact the police department to issue the paperwork, or you may be allowed to serve notice of eviction another way. 4Avoid harassing or taking matters into your own hands during the eviction process. You must follow the laws of your state. Failure to do so could result in legal action being taken against you or penalties imposed. -----------How to Write a Legal Paper By Michael J. Scott, eHow Contributor Print this article Bluebook Citation Manual Writing a legal paper is a skill any law student or lawyer needs to possess. Writing makes up a much larger component of the practice of law than being in a courtroom ever will. Many cases are won or lost at the writing stage and law students grades are evaluated by their ability to write a clear legal paper. A legal paper is designed to both inform and persuade the reader, so is has to be clear, logical and forceful. Below are some strategies for writing a solid legal paper.

Difficulty: Moderately Easy Instructions Things You'll Need A clear, well-researched issue of law to write about A legal citation manual, typically known as the Bluebook Black's Law Dictionary Instructions 1 Know your legal issue. A common mistake made by some law students is writing about a legal issue that is far too broad. Writing a legal paper about homicide is far too broad and isn't practical. Make sure that your topic is narrowly focused. Writing about the legal elements for criminal involuntary manslaughter in the state of Ohio is a manageable topic. 2 Know the facts in your case. Typically people write legal papers to show the court how previous cases and laws apply to a current case. Consequently, you have to know the facts of your case thoroughly, otherwise you will not be able to articulate how the law applies to those facts. 3 Do your research. Nothing destroys the credibility of a legal paper faster than poor research. Always begin your research by looking for U.S. Supreme Court cases that are on point with your topic. From there, research case law in lower courts until you have a solid understanding of the state of the law as it pertains to your topic. Use a legal research Web site such as Findlaw.com or Lexis.com to aid your research. A local law library is an invaluable asset for conducting research. Research is time-consuming and occasionally arduous, but its importance cannot be overstated. 4 Write the preliminary sections of the paper. This consists of a brief introduction, whatever procedural statements your particular court requires and a summary of the facts of your case. The fact summary is crucial because it provides the reader a sense of what is at issue. People will better remember facts if they are presented in chronological order. Imagine that you are telling your facts as a story to someone. How would you paint the picture so your listener, or reader, knows what happened? 5 Write the body of the paper. This is where your research pays off. You take the existing law, explain it, apply it to the facts in your case and tell your reader what conclusion you want them to reach. Do this with the structure of the paper and with each individual point you want to make. 6 Ensure that your paper flows logically by using the CIRAC method. CIRAC stands for (c)onclusion, rule (i)ntroduction, (r)ule explanation, rule (a)pplication and (c)conclusion again. Throughout the body of your paper tell the reader the decision you want them to come to first. Then tell them the particular law that is relevant, explain what that law is and what it means. Next, apply the law to the particular facts in your case and explain what that means for the case. Finally, restate your conclusion. 7 Finalize and proofread your paper. Once you have written your paper, edit and proofread it. Far too many students and lawyers forget this step. Typos, bad grammar, and poor structure and flow will cost you credibility, regardless of how impeccable your research is. Remember, this paper is designed to convince your reader that your view is the correct

one. Use a strong writing style and write in active voice. Also, make sure all cases and laws you reference are properly cited. Any little mistake can be the difference between winning and losing so take the time to do it well. ------------How to Write a Position Paper By an eHow Contributor Print this article As your education progresses you will be called upon to write many different kinds of papers. One of these is a position paper. Because this kind of paper will appear on many standardized tests and in most English classes, its best to know how to write one. Difficulty: Moderately Challenging Instructions 1 Create an introduction. This first paragraph should include a lead in and thesis statement and clearly present the main idea of your position paper. Many writers prefer to place the thesis at the end of the first paragraph, but this doesn't have to be the case. 2 Explain your view. Tell the reader why you're taking the position you've chosen and offer evidence supporting your opinion. Be sure to present the information in a logical order and avoid making any statements that lack obvious support. Make them understand why you think the way you do. 3 Present a counter-argument. Pick a problem that someone against your views would bring up. Make sure you present it clearly and give the reasoning behind the counter-argument as well. Researching opposing position papers and viewpoints can help make this step easier. 4 Declare a resolution to the problem. Take a paragraph to explain why the counter-argument doesn't apply and reaffirm your view. Describe why the counter-argument doesn't hold up and why your ideas are better. 5 End with a conclusion paragraph. In a conclusion paragraph, you should restate your thesis and summarize the position paper's main ideas. Be sure to rewrite your ideas so that you're not just repeating the exact same thing. Once again, restate your position. Rental Reform of 2002 (RA 9161) December 22, 2001 AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENTALS OF CERTAIN RESIDENTIAL UNITS, PROVIDING THE MECHANISMS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Tittle. This ACT shall be known and cited as the "Rental Reform Act of 2002"

Section 2. Declaration of Policy. The State shall for the common good, undertake a continuing of urban land reform an housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. Toward this end, the State shall establish reforms in the regulation of retails of certain residential units. Section 3. Monthly Rental and Maximum Increase. Beginning 01 January 2002 and for a duration of three (3) years thereafter ending on 31 December 2004, the monthly rentals of all residential units in the National Capital Region and other highly urbanized cities not exceeding Seven thousand five hundred pesos (P7,500.00) and the monthly rentals of all residential units is all other areas not exceeding Four thousand pesos (P4,000.00) shall not be increased annually by the lessor, without prejudice to existing contracts, by more than ten (10%). Section 4. Definition of Terms. The following terms as used in this Act shall be understood as: (a) "Rental" shall mean the amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basic. (b) "Residential unit" shall refer to an apartment, house and/or land on which another's dwelling is located and used for residential purpose and shall include not only buildings parts or units thereof used solely as dwelling places, boarding houses, dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotels rooms, but also those used for home industries, retail stores or other business purposes if the owner thereof and his or her family actually live therein and use it principally for dwelling purposes. (c) "Immediate members of family of the lessee or lessor" for purposes of repossessing the leased promises, shall be limited to his or her spouse, direct descendants or ascendants, by consanguinity or affinity. (d) "Lessee" shall mean the person renting a residential unit. (e) "Owner/Lessor" shall include the owner or administrator or agent of the owner of the residential unit. (f) "Sublessor" shall mean the person who leases or rents out a residential unit leased to him by an owner. (g) "Sublessee" shall mean the person who leased or rents out a residential unit from a sublessor. (h) "Assignment of lease" shall mean the act contemplated in Article 1649 of the Civil Code of the Philippines. Section 5. Rental and Deposit. Rental shall be paid in advance within the first five (5) days of every current month or the beginning of the lease agreement unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rental and two (2) month's deposit. Section 6. Assignment of Lease of Subleasing. Assignment of lease of subleasing of the whole or any portion of the residential unit, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor is prohibited. Section 7. Grounds for Judicial Ejectment. Ejectment shall be allowed on be the following grounds;

(a) Assignment of lease or subleasing of residential units in whole or part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor. (b) Arrears in payment of rent for a total of three (3) months Provided. That in the case of refusal by the lessor to accept payment of the rental agreed upon, the leased may either deposit by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment. The lessee shall thereafter deposit the rental within ten (10) days of every current month. Failure to deposit the rental for three (3) month shall constitute a ground for ejectment. If an ejectment case is already pending, the court upon proper motion may order the lessee or any person or persons claiming under him to immediately vacate the leased premises without prejudice to the continuation of the ejectment proceedings. At any time, the lessor may, upon the authority of the court, withdraw the rentals deposited. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasure and to the bank where deposit was made, shall be allowed to withdraw the deposits; (c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit: Provided, however. That the lease for a definite period has expired: Provided, further, That the lessor has given the lessee formal notice three (3) months in advance of the lessor's intention to repossess the property and: Provided finally; That the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least one year from the time of repossession; (d) Need of the lessor to make necessary repairs of the leased premises which is the subject of an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable:Provided. That after said repair, the lessee ejected shall have the first preference to lease the same promises:Provided, however. That the new rental shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally; That if the residential unit is condemned or completely demolished, the lease of the new building will no longer be subject to the aforementioned first-preference rule in this subsection; and (e) Expiration of the period of the lease contract. Section 8. Prohibition Against Ejectment by Reason of Sale or Mortgage. No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not. Section 9. Ret-to-Own Scheme. At the option of the lessor, he or she may engage the lessee in a written rent-to-own agreement that will result in the transfer or ownership of the particular dwelling in favor of the latter. Such an agreement shall be except from the coverage of Section 3 of this Act.

Section 10. Application of the Civil Code and Rules of Court of the Philippines. Except when the lease is for a definite period, the provisions of paragraph (1) of Article 1673 of the Civil Code of the Philippines, insofar as they refers to residential units covered by this Act, shall be suspended during the effectivity of this Act, but other provisions of the Civil Code and the Rules of Court on lease contracts, insofar as they are not in conflict with the provisions of this Act shall apply. Section 11. Coverage of this Act. - All residential units in the National Capital Region and other highly urbanized cities the total monthly rental for each of which does not exceed Seven thousand five hundred pesos (P7,500.00) and all residential units in all other areas the total monthly rental for each of which does not exceed Four thousand pesos (P4,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts. Section 12. Penalties. - a fine of not less than Five thousand pesos (P5,000) nor more than Fifteen thousand pesos (15,000.00) or imprisonment of not less than one (1) month and (1) day to not more than six (6) month or both shall be imposed on any person,natural or juridical, found guilty of violating any provision of this Act. Section 13. Information Drive. - The Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council, in coordination with other concern agencies, are hereby mandated to conduct a continuing information drive about the provisions of this Act. Section 14. Transition Program. - The Housing and Urban Development Coordinating Council is hereby mandated to formulate, within six (6) months from effectivity hereof, a transition program which will provide for safety measures to cushion the impact of a free rental market. Section 15. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting. Section 16. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provisions of this Act is hereby repealed, modified or amended according. Section 17. Effectivity Clause. - This Act shall take effect on 01 January 2002 following its publication in at least two (2) newspapers of general circulation. Approved, Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-45969 May 4, 1939

TAN TIAH (alias T. SUYA), petitioner, vs. YU JOSE (alias JOSE Y. NAVARRO), respondent.

Pastor Salazar and Vamenta and Vamenta for petitioner. Norberto Romualdez for respondent. VILLA-REAL, J.: This is an appeal by way of certiorari taken by Tan Tiah (alias T. Suya), wherein he prays, on the grounds alleged therein, for the review of the decision rendered in the case by the Court of Appeals reversing that of the Court of First Instance of Leyte, for the reversal thereof, and for the affirmance of the decision of said Court of First Instance. As grounds for the allowance of the appeal, petitioner assigns the following alleged errors of law committed by said Court of Appeals in its decision, to wit: 1. The Court of Appeals erred in finding in its decision, subject of the present petition for certiorari, that the 5th paragraph of the contract of lease Exhibit A establishes rights for the petitioner and for the respondent, which are antagonistic and, therefore, unenforceable by action. 2. The Court of Appeals likewise erred in finding in its decision that the promise, if any, made by respondent to sell to petitioner the land in question is not enforceable by action for lack of a price. 3. The Court of Appeals also erred in finding in its decision that the 5th paragraph of the contract of lease entered into by petitioner and respondent does not state two promises to buy and to sell which are mutually demandable. 4. Lastly, the Court of Appeals erred in holding that the herein petitioner has no cause of action against defendantrespondent. 5. On May 14, 1923 petitioner and respondent entered into a contract of lease in the fifth clause of which, pertinent to the question at issue, provides: 5th. That upon termination of the period of this contract, namely, ten years, the lessor shall have the option to buy the building or improvement which the lessee may have built upon the lots, reimbursing the latter ninety per cent (90%) of the original net cost of the construction; but should the lessor be unable or unwilling to buy said building or improvement, the income or rent derived therefrom shall be equally divided between said lessor and lessee, and the latter shall no longer have the obligation to pay the rent agreed upon for the lots in the second paragraph of this contract; provided, however, that the present contract, with the modification just mentioned, with respect to the income from the building and the rent from the lot, shall continue in force until the lessor buys the building or improvement or the lessee buys the land.

The judgment rendered by the Court of First Instance of Leyte and reversed by the Court of Appeals, which absolved the defendant is as follows: Wherefore, judgment is rendered sentencing defendant to buy the house of plaintiff or to sell to plaintiff the land on which the latter's house is built. Each of the parties must submit the name of a person to be appointed commissioner for the assessment and appraisal of the land on which plaintiff's house is built. Defendant is sentenced to pay the costs of the suit. The main question to be decided in this appeal is whether plaintiff, as lessee, has a right, by virtue of the aforecited fifth clause of the contract of lease, to compel defendant as lessor, to sell to him the land on which he built his house in accordance with said contract. It will be seen that the lessor is given the preference of buying the building erected on the leased land at a price equivalent to 90 per cent of the original net cost of the construction upon the termination of the ten years fixed in the contract as the duration of the lease. As ten years have elapsed and the lessor has not exercised his right to buy the building, and has no intention to do so, may the lessee compel the lessor to sell to him the leased land? The lessee is not given the option to buy the land. The grant of said right may not be inferred from the conditional clause of paragraph 5 and from paragraph 4 of the contract since neither in the conditional clause aforecited nor in the fourth paragraph of the contract is the lessor bound to sell the questioned land to the lessee. Furthermore, in the said conditional clause the price which the lessee would have to pay should he decide to buy the land is not fixed. Article 1445 of the Civil Code provides that "By the contract of purchase and sale one of the contracting parties binds himself to deliver a determinate thing and the other to pay a certain price therefor in money or in something representing the same." According to article 1451, "a promise to sell or buy, when there is an agreement as to the thing and the price, entitles the contracting parties reciprocally to demand the fulfillment of the contract." And article 1447 of the same Code provides that in order that the price may be considered certain, it shall be sufficient that it be so in relation to some certain thing, or that its determination be left to the judgment of some particular person, and should the latter be unable or unwilling to fix the price, the contract shall be inoperative. And according to article 1449 of the same Code, the designation of the price can never be left to the determination of one of the contracting parties. As we have said, a price certain which the lessee should pay the lessor for the land in case he should desire to buy it has not been fixed; neither has anything which may have definite value or which may serve as a basis for the fixing of the price been designated. Also, no determinate person has been named to fix the price.

The price of the leased land not having been fixed and the lessor not having bound himself to sell it, the essential elements which give life to the contract are lacking. It follows that the lessee cannot compel the lessor to sell the leased land to him. Having arrived at this conclusion, we do not find sufficient grounds for reversing the decision appealed from, which is hereby affirmed, with costs against the appellant. Imperial, Diaz, Laurel, and Concepcion, JJ., concur. LEASE CONTRACT KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE is made and executed at the City of _____, this day of _______________, 20__, by and between: (NAME OF LESSOR), of legal age, single/married to (Name of spouse if any), Filipino, and with residence and postal address at (Address), hereinafter referred to as the LESSOR. -AND(NAME OF LESSEE), Filipino and with residence and postal address at (Address), hereinafter referred to as the LESSEE. WITNESSETH; That WHEREAS, the LESSOR is the owner of THE LEASED PREMISES, a residential property situated at (Address of property to be leased); WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same; NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from the LESSOR the LEASED premises, subject to the following: TERMS AND CONDITIONS 1. PURPOSES: That premises hereby leased shall be used exclusively by the LESSEE for residential purposes only and shall not be diverted to other uses. It is hereby expressly agreed that if at any time the premises are used for other purposes, the LESSOR shall have the right to rescind this contract without prejudice to its other rights under the law. 2. TERM: This term of lease is for ONE (1) YEAR. from (Date) to (Date) inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as my be mutually

agreed upon by both parties, written notice of intention to renew the lease shall be served to the LESSOR not later than seven (7) days prior to the expiry date of the period herein agreed upon. 3. RENTAL RATE: The monthly rental rate for the leased premises shall be in PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. All rental payments shall be payable to the LESSOR. 4. DEPOSIT: That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency. wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract. 5. DEFAULT PAYMENT: In case of default by the LESSEE in the payment of the rent, such as when the checks are dishonored, the LESSOR at its option may terminate this contract and eject the LESSEE. The LESSOR has the right to padlock the premises when the LESSEE is in default of payment for One (1) month and may forfeit whatever rental deposit or advances have been given by the LESSEE. 6. SUB-LEASE: The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval. 7. PUBLIC UTILITIES: The LESSEE shall pay for its telephone, electric, cable TV, water, Internet, association dues and other public services and utilities during the duration of the lease. 8. FORCE MAJEURE: If whole or any part of the leased premises shall be destroyed or damaged by fire, flood, lightning, typhoon, earthquake, storm, riot or any other unforeseen disabling cause of acts of God, as to render the leased premises during the term substantially unfit for use and occupation of the LESSEE, then this lease contract may be terminated without compensation by the LESSOR or by the LESSEE by notice in writing to the other. 9. LESSOR'S RIGHT OF ENTRY: The LESSOR or its authorized agent shall after giving due notice to the LESSEE shall have the right to enter the premises in the presence of the LESSEE or its representative at any reasonable hour to examine the same or make repairs therein or for the operation and maintenance of the building or to exhibit the leased

premises to prospective LESSEE, or for any other lawful purposes which it may deem necessary. 10. EXPIRATION OF LEASE: At the expiration of the term of this lease or cancellation thereof, as herein provided, the LESSEE will promptly deliver to the LESSOR the leased premises with all corresponding keys and in as good and tenable condition as the same is now, ordinary wear and tear expected devoid of all occupants, movable furniture, articles and effects of any kind. Non-compliance with the terms of this clause by the LESSEE will give the LESSOR the right, at the latter's option, to refuse to accept the delivery of the premises and compel the LESSEE to pay rent therefrom at the same rate plus Twenty Five (25) % thereof as penalty until the LESSEE shall have complied with the terms hereof. The same penalty shall be imposed in case the LESSEE fails to leave the premises after the expiration of this Contract of Lease or termination for any reason whatsoever. 11. JUDICIAL RELIEF: Should any one of the parties herein be compelled to seek judicial relief against the other, the losing party shall pay an amount of One Hundred (100) % of the amount clamed in the complaint as attorney's fees which shall in no case be less than P50,000.00 pesos in addition to other cost and damages which the said party may be entitled to under the law. 12. This CONTRACT OF LEASE shall be valid and binding between the parties, their successors-in-interest and assigns. IN WITNESS WHEREOF, parties herein affixed their signatures on the date and place above written.

(Name of Lessee) 07, 20__ / Makati

10000000

January

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. This instrument consisting of ____ page/s, including the page on which this acknowledgement is written, has been signed on each and every page thereof by the concerned parties and their witnesses, and and sealed with my notarial seal. WITNESS MY HAND AND SEAL, on the date and place first above written. Notary Public Doc. No.______; Page No. ______; Book No.______; Series of 20___. What To Do When Tenants Won't Leave Your Investment Property By Todd Christiansen Ads by Google Important New York Condos by Master Architect I.M.Pei 48 exclusive Residences, 65% sold! www.CenturionCondo.com New Orleans Apartments Luxury rentals at The Saulet. Close to Central Business District. www.saulet.com Captiva Real Estate Beachfront Property on Captiva Is. Homes, Villas and Condos in SW FL www.schuldenfrei.com You have decided not to renew a particular tenant's lease for any number of reasons (late rent, noise complaints). Immediately after notifying them that they must be out by the 31st, they stop returning your calls and are very cold when you do see them. You never hear from them again, but you stop by at 5pm on the 31st to check if they clean up the apartment only to find them still living there. Now what do you do? I have some ideas on "Now What?", but let's first examine what you should have done prior to reduce your risks of the "Now What?". Prior to telling the tenant you are not renewing their lease: 1. Tour the apartment looking for any work that may need to be done and to confirm the current condition of the unit. Try to complete any repairs prior to the previous tenant moving out to save time. 2. Talk with the tenant informally about their plans to renew the lease. Do they need a bigger space or less expensive? See if just a little coaxing could get them to move on their own.

(Name of Lessor) LESSOR Signed in the presence of:

(Name of Lessee) LESSEE

_____________________________ ______________________________ ACKNOWLEDGEMENT Republic of the Philippines) _________________________) S.S BEFORE ME, personally appeared: Name Issued CTC Number 10000000 Date/Place

(Name of Lessor) February 24, 20__ / Cavite City

How to inform the tenant you are not renewing their lease: 1. First talk to the tenant in person. Although this is more intimidating, it is also less formal and may be received better. Then follow up the conversation with a letter for documentation. 2. Give them at least 61 days notice. This should work in most states and will give the tenant ample time to find a replacement apartment. 3. Call back every week or so to confirm they are looking for a new apartment. If they don't answer the phone, stop by. If they won't answer the door, start preparing for the "Now What?". Preparing for the "Now What?" 1. Talk to them immediately. Use your best negotiation skills. 2. If they will talk to you, see if you can bribe them to move by offering them cash for a moving truck. 3. If they owe you money prior to the move-out date, consider an eviction process to insure they are going to be out. You can also threaten to evict them if they are not out on time. 4. If you see this problem coming, do not lease the apartment for the month immediately after as you could put yourself in a bind with the new tenant having no where to go. 5. Research how to evict a "Hold Over" tenant in your state. 6. If the tenant receives public assistance for their rent, contact their coordinator and see if they can provide any leverage to get the tenant to move. The morning after they didn't move out 1. Understand the rights of the tenant and do not cross the line as you could be liable for a lawsuit if you try to force them out illegally. 2. Put your "Hold Over" tenant eviction plan into action. Notify the tenant that you are taking legal steps to remove them. Having a tenant refuse to vacate the apartment once their lease expires can be a difficult event. There are many twists and turns in this drama. By being prepared as early in the process as possible with good contingencies, you should be able to avoid the "Now What?". You can find a lot of eviction information on your local county website. Scott Ficek is not an eviction attorney, but he does lots of evictions for clients. Lessee's Rights on Foreclosure and on Sale Text Size:

Lawyers.comsm Like other types of property, real estate that is used as rental property can be sold, or may be affected by foreclosure proceedings. Sales and foreclosures are major events for the owner of rental property, but tenants or renters of the property are affected as well. But, a sale or foreclosure can have just as big an impact on someone who doesn't own the property, such as a tenant or "renter." What happens to the tenant when the residential property where he or she lives is either sold or foreclosed upon? In general, your lease continues if there's a sale, and it ends or terminates when there's a foreclosure. As a renter, you can protect your rights and interests if you know some things about what happens on the foreclosure or sale of rental property. Sale Generally, if your landlord sells the rental property where you live, your lease doesn't end or terminate. Rather, the buyer of the property becomes the new landlord, and the buyer, as new landlord, is entitled to the same remedies against you for recovery of rent and for failing to meet the terms of the lease that the old landlord-seller had. The new owner-landlord can't evict you, can't raise the rent on your existing lease, and he or she must get the security deposit that you paid to the old landlord and then refund it to you when the lease expires. Likewise, you're bound by the lease and must perform all your obligations and duties under it, such as paying rent, keeping the premises clean, and not destroying or damaging the property. There's one exception to the general rule that the sale doesn't terminate the lease: if the lease states that it terminates automatically on a sale of the property by the landlord, that clause will be enforced, if challenged in court, so long as the sale was bona fide, that is, not fraudulent. For example, if your landlord sells the property solely for the purpose of terminating the lease, a court would likely find that the lease did not terminate and that you're entitled to stay on the premises or receive damages for the landlord's wrongful conduct. Often, the landlord-tenant laws will require your landlord (or the buyer) to notify you of the sale and to give you the buyer/new landlord's name and address so that you know where to make rent payments and who to contact about maintenance and repair issues. Foreclosure

Foreclosure is the legal process in which a lender files suit against a property owner because the property owner defaulted or failed to repay a loan. In the landlord-tenant area, it's when a bank or mortgage company sues your landlord because the landlord defaulted or failed to pay the mortgage on the rental property. The bank's goal is to take over ownership of the property to satisfy the debt owed by the landlord. If your landlord is in foreclosure, there are two critical questions: when did your lease begin and when did the landlord take out the mortgage? Generally, if your lease was in existence before the landlord took out the mortgage on the property (making you a "long-term tenant"), your lease continues in existence after the foreclosure and sale of the property, and you can't be evicted. More often than not, however, your lease won't pre-date the mortgage. In such cases, you'll be named as a defendant in the foreclosure action so that the lender can terminate your lease and have you evicted if you refuse to leave the premises. If your landlord's property is in foreclosure, he will have to give you "Notice to Quit," that is, notice to leave the premises, usually 30 days before the any eviction action can be started against you. If you're a long-term tenant and the bank or buyer at the foreclosure sale doesn't want to renew you lease after it expires, you're entitled to 60 days' notice to quit under some states' laws. Finally, the old landlord is required to refund your security deposit, unless the bank or new owner gives you a signed statement acknowledging that it has your deposit and is responsible for returning it to you when the lease expires or ends. As for the foreclosure process itself, it can be complicated for any tenant. If you're named as a defendant in your landlord's foreclosure action, it is important to continue to pay rent, that way no one-not your landlord or the bank-can begin eviction proceedings based upon your failure to pay rent. Then, it's a good idea to hire an experienced real estate lawyer to act on your behalf. But, in simplified form the process is: Either by certified mail or delivery by a sheriff, you'll receive a complaint, which is the document filed by the bank that starts the foreclosure and which usually states that the landlord has defaulted on a mortgage held by the bank. At the same time, you'll receive a summons, which is a demand for you to appear in court You then have to file an appearance with the court, which basically tells the court that you're aware of the foreclosure and will be taking part in it A hearing date will be set and the court will either enter a judgment for the bank or the landlord. At this time you can raise any defenses to the foreclosure, but most tenants have no good defense in a landlord's foreclosure

If judgment is for the bank, the property will either be ordered to be sold, called a "foreclosure sale," or the bank is given the property After the sale or after the bank takes ownership, you'll be give notice to quit, and if you stay beyond the time given in the notice (usually 30 days), the bank or buyer can begin eviction proceedings to have you forcibly removed from the property One way to avoid losing your home, at least for a while, is to contact the bank or lender as soon as you hear of the foreclosure. Sometimes you can negotiate a new lease that will allow to stay on the premises after the foreclosure is completed. Questions for Your Attorney How much will charge to represent me in my landlord's foreclosure? I just found out about my landlord's foreclosure, which started about 3 months ago. I've been paying rent regularly, but now he's nowhere to be found. The bank says I'm late on rent and it wants to evict me. What can I do? I heard that tenants in rent controlled buildings can't be evicted in a landlord's foreclosure action. Is that true? I just received a summons and complaint on my landlord's foreclosure action. Should I start looking for a new place to live right now, or will the bank keep my lease in place? Do I have any say in the matter? Related Resources on Lawyers.comsm Rents are paid one year in advance in Manila

What rights do landlords and tenants have in Philippines, especially as to duration of contract, and eviction? In the formal (luxury) market, the contract can be freely negotiated, and the conditions of the contract prevail. If the tenant is still in the unit 15 days after the lease agreement has expired, and no notice has been given by either party beforehand, it is implied that the contract has been renewed but with a different term as determined by the courts. In the lower end of the market, contracts are usually oral. According to the law, in these circumstances, the landlord can eject a tenant due to the following: Nonpayment of rent for three months; Subleasing the unit without the written consent of the landlord; Landlords need for the property for personal use. Three months formal notice must be given; Need of the landlord to make necessary repairs. The ejected tenant; however, retains first preference to rent the same unit. The tenant can terminate the lease agreement at any time. The tenant can also withhold rent payments, if the landlord refuses to make necessary repairs or fails to maintain the tenant in peaceful and adequate enjoyment of the property leased. If the unit is condemned for demolition, a notice of 15 days is given to the tenants to leave the unit. If the landlord wishes to evict a tenant, he must file a case in court. Within 10 days, he can apply for a permit to reclaim the property. The court must decide within 30 days, notwithstanding appeals, counter appeals, delays, and other matters. The court would then order the Court Sheriff to assist the landlord in claiming his property. EVICTION FOR NON-PAYMENT OF RENT Duration until completion of service of process 42 Duration of trial 97 Duration of enforcement 25 Total Days to Evict Tenant 164 Courts: The Lex Mundi Project How effective is the Filipino legal system? Barangay (town) tribunals mediate in most landlord-tenant problems. If the problem is not resolved at the town level, the parties may go to court and endure a long and expensive trial. But the legal system is cumbersome. In practice the landlords success in evicting a tenant may depend on his influence in influencing the police (or local gang members) to apply pressure. Legislation: Recent changes in Filipino landlord and tenant law The Civil Code of the Philippines [Articles 1654-1688] provides a general guideline for the conditions of lease of rural and urban lands. The owner of the land or property, however, should be wary that the law contains provisions that in certain circumstances the custom of the place shall be followed. For

a country with almost 60 ethno-linguistic groups, the custom may be unpredictable, especially in rural areas. The Rental Reform Act of 2002 (Republic Act No. 9161) regulates rentals of residential units with rents not exceeding PHP7,500 (US$141) per month in cities, and PHP4,000 (US$75) per month in all other areas. It expired in 2004 but the provisions are generally still followed at the lower segment of the rental market.

Philippine law is generally PRO-LANDLORD in the luxury segment but it is NEUTRAL as between landlord and tenant for the rest of the market. Rents: Can landlord and tenant freely agree rents in Philippines? Parties can freely negotiate rent in all segments of the market as the Rental Reform Act of 2002 expired in 2004. Deposits The landlord and tenant can negotiate any deposit they wish. By custom in upper-end condominiums, rents are paid in advance with post-dated cheques for the duration of the lease contract, usually 1 year. Contracts usually state security deposits worth 2-3 months rent. The deposit is returned one month after the end of the tenancy, after deductions for repairs and unpaid bills have been made. For the rest of the rental market, landlords typically demand one months advance rental and two months deposit. The deposit is usually used to pay the rent for the last month of the occupancy. Most of the time, the landlord is left with unpaid bills and repairs.