Failure to pay rent: Case for unlawful detainer

DearPAO,

Iamtheownerofanapartment inTondo,Manila.In2016,Ihada leaseagreementwithBelenregardingmyapartment.Infact,weexecutedawrittencontractondetails oftheagreement.Weagreedthat shewillpaymeP10,000.00every month.She,however,hasfailed Barangay Lupon for issuance of unlawful detainer case before the court pursuant to rules set under the 1991 Revised Rule on Summary Procedure. It may be noted that the Supreme Court in the case of Fiorello R. Jose vs. Roberto Alfuerto, et al. (G.R. No. 169380, November 26, 2012), penned by former Associate Justice Arturo Brion emphasized the following:

- ry action for the recovery of possession of real property. This action vendee or other persons against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession by virtue of any contract, express or implied. In unlawful detainer, the possession of the defendant was originally legal, as his possession was permitted by the plaintiff on account of an express or implied contract between them. The defendant’s possession becomes illegal, however, when the plaintiff demands that the defendant vacate expiration or termination of the right to possess under the contract, and the defendant refuses to heed such demand. A case for unlawful detainer must be instituted one year from the unlawful withholding of possession.”

Applying the foregoing to your case, the possession by Belen of your property was legal considering that you have a written contract with her. Belen’s possession, however, became illegal when you demanded that the latter vacate the leased premises considering that she failed to pay you the monthly refused to leave the apartment.

that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter. Editor’snote:DearPAOisa dailycolumnofthePublicAttor- Acostamaybesenttodearpao@ manilatimes.net.