Philippine laws...on eviction process of rental property, and post dated checks?

[gwynethpaltrow8]

if there are laws regarding the eviction of renters what is the procedure. and also if the eviction process starts, is rent still a obligation to be paid or does the renter not have to pay rent during this eviction and how long does it take, what happens to the post dated checks,if the eviction process starts can the homeowner legally try to cash the checks and hold them liable for bounced check if they closed the account on the checks after the eviction process started,,and the homeowner has 105,000 pesos in security deposit of the renter.....due to the birth of a child in early december,,the renter asked the homeowner to use 35,000 pesos of their 105,000 pesos security deposit to cover decembers rent,so they could pay cash for the medical coverage of baby,,the homeowner said NO. and on Dec 21st the renter received a eviction letter from homeowner stating they needed to vacate premises in 5 days for non payment of decembers rent,,and december was not even over with yet? and they had 105,000 pesos in security...so since they were given eviction notice on dec 21st,,are they obligated to pay it now and january and February too since that would use up all the deposit on owed monthly rent at 35,000 pesos a month..what are the laws and rules and what type of trouble can they be in for being charged for a unintentionally bounced check and or checks..now that the eviction letter was received to them,,any insight would be appreciated..and for technical people,,the contract was never signed due to a disagreement on a certain clause in it and was waiting for a revised contract,,and was living as a tennant at will..but with 210,000 pesos in receipts paid to homeowner...the contract was later falsely notorized and was same contract as the original that was disagreed by renter,,the renter has that contract and its dated on move in date and not signed by homeowner to to the disagreed clause and waiting for revised edition that never came,,,,sorry for the Novel as a question

[beacher]

As a former landlord here there are multiple issues. The legal process here is very slow with civil cases taking in most cases 6 years (no joke) to get to court. The laws governing the eviction process are vague by design.

Handing over a security deposit with no lease to sign is a huge mistake.
Unintentional or not bounced checks amount to grand larceny in the amounts your dealing with and you could be sent to jail

Your best bet is to get together with the landlord and try to work something out. Otherwise be prepared for a long wait and possible arrest for issuing bad checks

[ji]

There are laws regarding bouncing checks here in Philippines,in this case the homeowner has all the right decision in his/her hands speaking of bouncing checks issued by the renter.

The solution to this matter would be a good conversation between the renter and the homeowner in the presence of a lawyer.

[pete]

Unfortunately you are stuck & they will get all the money.
Sorry