Who is breaching the contract?



ORIGINAL POST
Posted by kyliedee 17 yrs ago
I have a 2 year fixed contract to rent a flat. However, I have been delayed in paying last months rent and I have received a call from my landlord that since we cannot afford to pay the existing rent, he asked us to vacate the apartment.


We agreed that I settle the outstanding rent within 24 hours just so we could stay in the flat for another month (since flats here are paid in advance for the said month), Also to buy me some time to find a new flat.


Given that we cannot anymore afford to pay the existing rental fee, the landlord is "evicting" us regardless we both agreed to a 2 year fixed contract. Who is breaching the contract? Tenant or landlord? Upon vacating the premises, can we still get the 2 months security deposit? Or will it be forfeited?

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COMMENTS
cookie09 17 yrs ago
you broke the contract by not paying. and if you move out you forfeit the deposit (not 100% sure about this but i think so).


however, i dont know the rules in manila but in hong kong, eviction needs a legal document delivered to you not just a message from the landlord.


so you can stay in for another two months (your deposit) and then leave

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