Is my Landlady Blackmailing Me?

PC Estacio
is in the Philippines

I have issued Post Dated Checks to my landlady, but I pre-terminated my contract of lease since I have been laid off from work and cannot pay the rent anymore. We voluntarily vacated the premises but left some arrears which I promised to pay as soon as I recover from my financial trouble. My landlady though is still depositing the checks to force me to pay the back dues on her demanded schedule, and refuses to return the checks as she will use it as leverage. She threatened to continue depositing the checks until I comply with her demands. The bouncing checks are causing me 1k per bounced check. I have been asking her not to do it but she acts otherwise.


Does she have the right to do that and refuse to return the issued checks until I am settled with my back dues?


Thank you very much

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
I don't think you understand the nature of issuing checks. kapag ikaw ay nag-issue ng check, it is a promise to pay. Naturally, your landlady has the right to be paid for the rent. She has every right to deposit those checks to obtain payment on those checks.

Never issue checks for which you have no funds. What you can do is, redeem the checks so that your landlady will not deposit them anymore. As each check is about to fall due, make a payment on that specific check to your landlady and make her issue you a receipt (ipalagay mo ang check number noong check na iyong ire-redeem). That way, hindi ka na magbabayad ng penalty sa banko.

Never issue checks na walang pondo. Never issue checks na hindi mo kayang i-redeem. Every landlady has the right to be paid rent. And in the absence of payment, she can demand payment by depositing each check that you issued to her. Ngayon, kung lumampas na doon sa number of months na ikaw ay nag-rent, hindi na niya puedeng i-deposit ang mga checks as payment for rent kung hindi ka na nagre-rent o tumitira doon sa house. Wala na siyang karapatan na bayaran pa kung hindi ka na doon nakatira.
PC Estacio
is in the Philippines
Hello Atty. Bimbi,

Thank you very much for your response and explanation. I fully understand the part of issuing checks. What I actually originally inquired about is if she still has the right to deposit those checks even if I don't live there anymore.

She refuse to surrender the checks to me until I pay for the 1 month delay which is the reason I VACATED the premises months back. She is using the checks to force me to pay my debt despite my appeal to give me time to pay it.

I hope to hear more from you.

Again, thank you very much.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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