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I know there are different types of contracts. Written, word of mouth and even just by handshake. If it is an important matter it would be recommended that there would be a lawyer and witnesses. But I think simple contracts like between landlord and tenant would be ok with just the 2 parties signing a written contract and if they want some witnesses.
I have a small boarding house just 4 rooms and a downstairs area which used to be my canteen but I stopped. SO now I rent it out. Each tenant has a different contract. The students have a general contract. But those renting the downstairs has a different one. Before moving on here is the definition of contracts and more.
The word Contract was derived from a Latin word Contractum. The word contractum means drawn together. The following are definition with regard to Contract.
Definition of Contract
Agreement creating and defining obligations between the parties is called Contract. - Salmond
Any agreement or promise enforceable at law is called Contract. - Pollock
Agreement upon consideration basis to do or not to do a particular thing is called contract. - Black Stone
Agreement enforceable by law is called contract. - Indian Contract Act, 1872 Sec.2 (h)
Thus Contract is defined as agreement. To form an agreement, two elements are needed, namely;
Offer and Acceptance.
What is Offer and What is Acceptance in contract law
The status of offer is equal to that of question and the status of acceptance is equal to that of answer. The person who is making the offer is called Offerer or Promissor or Proposer. The person who is giving acceptance is called Offeree or Promise or Acceptor.
Taken from : http://www.lawsofbusiness.com/2013/04/what-is-contract.html
I made one for those downstairs because there were special notes like in cleaning and improvements done. It was just a simple contract and we both signed and each of us had our own witnesses. Everything seemed ok even though I knew some of the rules like not selling hard drinks and open only till 10pm (they rented as a place to stay and cook food to sell with a small sari-sari store).
Also in cleaning around, inside and out was not really that clean. I guess I will never be a successful businesswomen because I am too lenient.
Well there is a space in front because it was a garage. I made a bamboo poles with nipa covering so it won't be too hot or get wet. The former tenant placed aluminum roofing on top. So when she left after a year (emergency) I told her to leave it because it was an improvement or addition, But she conned the next tenant to pay her 3K because she spent 4.5K. I even said that was too much. So now this other tenant left after 2 years occupancy and want me to pay for the roofing. I said it was not worth it, they wanted 2k but I told them in 3 years the material has depreciated in value because there are a few holes and some rust. They said 1.5k but I said read your contract and what do you understand about line 4.?
** Any improvement is upon the discretion of the lessee but will be left to the Lessor at the end of the contract if the lessee ends the contract.
They said they will ask the next tenant but I told them there was none yet. I also told them to reread that part of the contract. As of now no more PM...yet.
picture from pixabay
Here in the #Philippines not all are that rich and most middle class families agree to simple contract for simple agreements. Since I do not have much idea or law experience I thought that my contract was easy to understand. They left and they left their garbage even though they were told to clean. My helpers went down to check saw garbage in the kitchen and even inside. They had full garbage bags outside. So what do they expect? Me to throw it out or me to pay the garbage collectors to pick it up? And if you tell them they react indignant. As if I am lying and they did everything.
The student boarders contracts only specify the rent and payments. Also rule on how to keep the rooms clean and how to get about. So far the students are more receptive and easier to manage. They also pay on time. I guess their parents understand that I am also trying to earn a living. But I understand if they ask to pay later so as to wait for the salaries of their parents. I allow them because I am lenient and have a soft heart (joke). But you must be understanding too.
I do not know if I am correct or if what I wrote is not understandable, but I think I am right. I even explained it to them. That if ever they leave, they must leave the roofing. Anyways it is already 3.5 years old and weather damaged. They have not painted or put red lead for protection.
So now I will wait for her decision. But I said if you remove the roofing and damage my frame and nipa you must repair as stated in line 5.
** The tables and chairs that belong to the Lessor are being borrowed by the Lessee. If damaged or broken must be replaced by the Lessee. Also with any other damages.
I really do not understand how they can not understand my rules. Correct me if I am wrong my friends, but be kind, I am not a lawyer and this is just common sense contract.
So since it is just a little thing I will not stress about it. It is not worth the stress and high blood and anger. BUt whatever they decide , I will be there or my helpers will be there to watch. I guess some people just can not understand or do not want to understand.
So in writing this post I know they may or may not read it but as the saying goes "bato-bato sa langit ang ma tama-an, huwag ma galit" In literal English translation : "Stones falling from heaven, if you get hit do not get mad" But I think it means if you react , it means you are guilty if you don't means you are not.
Thank you for reading and I appreciate any comments good or bad.