A: Hi, Mr. Unday, I am Atty. Christian Dayag. Please have a sit. C: Thank you! A: So Mr. Unday, what brings you here today? C: Well my landlord is trying to evict me. A: So there’s seems to be a problem with your housing, so you might get evicted. C: I haven’t done wrong. A: Do you know why your landlord wants to evict you? C: He said that I’ve been late for paying my rent too many times, he gave me notice but, I am never late. A: I understand that you think that the accusations are unfounded. But can I look at the papers? C: sure. (then he will give the letter) A: (look at the paper) well as you said this is a notice for eviction. Why do you think that he’s been saying that you are late in paying your rent? C: Ah, I am not sure if this is the right thing to say, but what if I am got late and I mess up, how can I defend myself? Can you tell me what to say? A: Mr. Unday, I understand that this is not easy for you, but I can not tell you what to say. However, the good news is you can tell me everything about the issue and I assure you that those information that you will share to me will be kept confidential. That way I can help you to achieve the best possible resolution for the case. C: Oh okay. So what if I tell you that I got late for paying rent. A: Well, when you get late in paying your rent it doesn’t mean that you can be evicted immediately. But can you tell me when did you pay late to your landlord? C: I got late once, this month of February, because I went to a vacation. When I return home, he gave me the notice. And ask me to vacate the apartment. I can’t lose my home. I tried to give my payment but he did not accept he insisted that I should leave. A: Okay, may I know if you have a contract of lease? C: Yes, we have but I was not able to bring it. I can remember that we stipulated something about late payment in the contract, but I forgot the exact details. A: I understand Mr. unday, but in order for us to be able find a good resolution for this issue, I need to see the contract of lease. C: Yes I will bring it here tomorrow. But can you tell me if it is possible for me to not get evicted. A: Well based on the fact that you narrated, according to our laws in obligation and contract, there is delay in fulfilling an obligation when after the demand of the creditor, the debtor failed to comply. And so since there were no demand of payment, then your landlord might be wrong in his allegation. However, there are exemptions, and one these is, if it is stipulated in your contract that it is not necessary for your landlord to demand for a payment before you can incur delay of payment. For that, I really must see your contract so that I can help you in finding the best resolution for this issue.
C: I understand, Atty. Anyways, can I go back here tomorrow with the contract so that we can discuss it further? A: Sure, Mr. unday. So I’ll see you tomorrow. C: Thank you. Have a nice day. A: Sure, thanks.