Deposit rent payment via consignation
"I am renting a small apartment unit for P3,000 a month somewhere in Manila. Lately, the owner refused to accept the monthly rental that I am supposed to pay him. I don’t know his agenda but I am worried that I may be evicted because of this. I don’t want this to happen as the location of the apartment is near my workplace, malls, church, LRT station etc. Besides I’m too busy to look for another house. Please help me on how to avoid this scenario.
ChingDear Ching,
The contract between you and the owner of the apartment unit you are currently renting, whether written or oral, is regulated by law. Under the law, non-payment of rent is a ground for the owner/lessor to evict the lessee.The law being referred to is Republic Act No. 9653 or the Rent Control Act of 2009 which provides as follows:
“SEC. 9. Grounds for Judicial Ejectment. – Ejectment shall be allowed on the following grounds:(a) xxx
(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 rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, 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 rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. 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 treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the depositsxxx”The above provision squarely provides the solution to your problem. Since the owner of the apartment unit you are renting refuses to accept your payment, all you have to do is to deposit the said rental payment to any of the entities cited in the above provision. This will negate the consequences of the refusal of the lessor to accept the monthly payment you are tendering him.Again, we find it necessary to mention 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 guide you with our opinion on the matter.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." - https://www.affordablecebu.com/
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"Deposit rent payment via consignation" was written by Mary under the Legal Advice category. It has been read 520 times and generated 0 comments. The article was created on 15 September 2021 and updated on 15 September 2021.
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