Couple wants to transfer to smaller apartment to cut expenses

Couple wants to transfer to smaller apartment to cut expenses "My husband and I have been renting an apartment for five years now. He used to work abroad but when he lost his job and came back here in the Philippines, we have been having a hard time paying for our rent. We want to move to a smaller apartment in order to cut our costs but we are worried that this may cause problems with our present lessor since we still have more or less eleven months in arrears with our rent. Will it be okay if we transfer to another apartment and just put into an agreement that we will settle our obligations? We do not have any intention of running away from our debt, but please advice us on what is the proper thing to do. Thank you and I hope to hear from you soon.Jam Dear Jam,We understand your desire to transfer to another abode considering that such move will lessen your household expenses, especially now that you have financial constraints as your husband lost his job abroad. However, you must also give importance to the terms and conditions of your existing agreement because it serves as the law between you and the other party. (Article 1159, New Civil Code) In the situation that you have presented before us, you mentioned that you still have an existing lease contract with your present lessor and you want to enter into another lease agreement to reduce your household expenses.Having this in mind, we suggest that you comply with the terms of your contract, especially if there are provisions involving the termination of your lease. As a rule, from the moment that the contract is entered into, you are bound not only to comply with all the stipulations therein but also of all the consequences which, according to the nature of your agreement, may be in keeping with good faith, usage and law. (Article 1315, id) Therefore, it would be more prudent on your part to examine your contract. If you and your lessor have agreed upon a particular lease period and the same has not yet lapsed, it is humbly submitted that you may not transfer to another apartment as of the moment because you are bound to comply with your obligation, that is to use the apartment and pay for the monthly rental fee, for the entire duration of your agreement. Should you fail to comply with your obligation, you may be held liable for breach of contract.Nevertheless, you may communicate with your lessor your desire to transfer to another apartment, explain to him your reasons for such decision and ask him if he will give his consent to such transfer of apartment. If he so consents, then your contract must be amended accordingly. Otherwise, you and your husband are bound to continue leasing the property until the end of the duration of your agreement or pay the amount for the remaining months.However, please bear in mind that even if your lessor approves the amendment of your lease contract, which in effect will shorten the period of the lease, such amendment does not denote that you will be liberated from your outstanding obligations. Hence, you are still bound to pay your rental arrears. In addition, you can only pay the same on installment basis if your lessor agrees to such payment scheme.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/