The Constructive Eviction Letter is a crucial document in Philippine property law that tenants use when facing severely inadequate living or working conditions that effectively render the property uninhabitable. It is typically employed after multiple unsuccessful attempts to resolve serious maintenance or safety issues with the landlord. The document must comply with the Civil Code of the Philippines and the Rent Control Act of 2009, providing detailed documentation of the problematic conditions, chronological evidence of communication attempts, and clear statements of the tenant's intentions. The letter serves as both a formal notice and a potential legal document, often preceding court action or negotiated settlements. It should reference specific violations of Philippine housing laws and lease terms, include supporting evidence, and clearly state the relief sought by the tenant.
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1. Sender and Recipient Details: Complete contact information for both tenant and landlord, including names, addresses, and property address
2. Date: Current date and reference to lease agreement date
3. Subject Line: Clear indication that this is a formal notice of constructive eviction
4. Lease Reference: Details of the existing lease agreement including date of commencement and property details
5. Description of Issues: Detailed explanation of the conditions making the property uninhabitable
6. Communication History: Chronological summary of previous attempts to resolve the issues with the landlord
7. Legal Basis: Reference to relevant laws and lease terms that support the claim of constructive eviction
8. Relief Sought: Clear statement of the tenant's intentions and demands (e.g., lease termination, return of security deposit)
9. Deadline for Response: Specific timeframe for the landlord to respond or address the issues
10. Closing: Formal closing with tenant's signature and contact information
1. Financial Damages: Detailed list of financial losses incurred due to the uninhabitable conditions, used when seeking compensation
2. Health Impact Statement: Description of any health issues caused by the property conditions, included when medical documentation exists
3. Third-Party Assessments: References to professional inspections or assessments of the property conditions, included when available
4. Alternative Resolution Proposal: Suggested solutions or compromises, included when the tenant is open to resolving the situation without moving
5. Legal Representative Information: Contact details of the tenant's legal counsel, included when legal representation has been obtained
1. Photographic Evidence: Dated photographs documenting the uninhabitable conditions
2. Communication Log: Detailed timeline of all communications with the landlord regarding the issues
3. Maintenance Requests: Copies of all maintenance requests and work orders related to the issues
4. Expert Reports: Copies of any professional inspections, assessments, or expert opinions
5. Medical Documentation: Copies of medical reports if health issues are involved
6. Expense Records: Documentation of any expenses incurred due to the conditions
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