Demand letter preparatory to filing an ejectment case – Section 2, Rule 70 of the Rules of Court


Demand Letter preparatory to filling an ejectment case – Section 2, Rule 70 of the Rules of Court

RULE 70

FORCIBLE ENTRY AND UNLAWFUL DETAINER

Section 1. Who may institute proceedings, and when.

Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs.

Sec. 2. Lessor to proceed against lessee only after demand.

Unless otherwise stipulated, such action by the lessor shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen (15) days in the case of land or five (5) days in the case of buildings.

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3 thoughts on “Demand letter preparatory to filing an ejectment case – Section 2, Rule 70 of the Rules of Court

  1. Pingback: LEGAL FORMS – ASSIGNMENT FOR AUGUST 25, 2012 « Atty. Alvin Claridades

  2. Pingback: Legal Forms – Assignment for September 1, 2012 « Atty. Alvin Claridades

  3. Pingback: Legal Forms and Writing – Assignment for Next Meeting (February 15, 2014) | Atty. Alvin Claridades

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