The Month To Month Lease Eviction document is a crucial legal instrument in the Philippine real estate sector, designed to facilitate the formal termination of month-to-month lease arrangements and initiate eviction proceedings. This document becomes necessary when landlords need to reclaim their property from tenants, whether due to violations of lease terms, non-payment of rent, or other legally acceptable grounds under Philippine law. It must comply with the requirements set forth in the Rent Control Act, Civil Code of the Philippines, and relevant local government regulations. The document includes mandatory notice periods, specific grounds for eviction, detailed property information, and the rights and obligations of both parties. It serves as a critical tool for property owners and managers in maintaining their property rights while ensuring due process for tenants.
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1. Parties: Identification of the Landlord/Lessor and Tenant/Lessee with complete legal names and addresses
2. Background: Brief overview of the existing month-to-month lease arrangement, including property details and original lease date
3. Definitions: Key terms used in the document including 'Premises', 'Lease Agreement', 'Notice Period', and 'Termination Date'
4. Notice of Eviction: Formal declaration of the landlord's intent to terminate the lease and evict the tenant
5. Grounds for Eviction: Specific legal basis for eviction under Philippine law, citing relevant violations or reasons
6. Termination Date: Clear statement of the date by which the tenant must vacate the premises
7. Outstanding Obligations: Details of any unpaid rent, utilities, or other charges owed by the tenant
8. Property Inspection: Requirements for final inspection and return of the premises
9. Security Deposit: Information regarding the handling and potential deductions from the security deposit
10. Legal Consequences: Statement of legal actions that may be taken if tenant fails to comply with the eviction notice
11. Governing Law: Reference to Philippine laws governing the eviction process
1. Payment Settlement Plan: Include when there are outstanding payments and a settlement plan is being offered
2. Extension Provisions: Include when offering conditional extension period for humanitarian considerations
3. Property Damage Claims: Include when there are specific damages to the property that need to be addressed
4. Utilities Transfer: Include when there are specific requirements regarding the transfer or termination of utility services
5. Personal Property Removal: Include when there are specific instructions regarding abandoned personal property
6. Alternative Dispute Resolution: Include when offering mediation or arbitration options before court proceedings
1. Schedule A - Property Details: Detailed description of the leased premises including address and specific areas covered
2. Schedule B - Rent Payment History: Record of rent payments and any outstanding balances
3. Schedule C - Property Condition Report: Current condition of the property and documentation of any damages
4. Schedule D - Photographic Evidence: Photos documenting property condition or violations if applicable
5. Appendix 1 - Legal Citations: Relevant sections of Philippine laws supporting the eviction grounds
6. Appendix 2 - Previous Notices: Copies of any previous warnings or notices issued to the tenant
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