Marianas Variety

Last updateFri, 24 May 2019 12am







    Wednesday, May 22, 2019-6:44:09A.M.






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Property owner takes tenants to court over non-payment of rent

FIRST Pacific Investment Group has asked the Superior Court to order the operator of the Mari Guest House and the occupants of the two-story building in Garapan to vacate the premises for non-payment of rent.

First Pacific, through its legal counsel Tiberius Mocanu, filed the complaint against the unnamed operator of the Mari Guest House and the seven current occupants of the building situated on Lot numbers 002-D-08, 002-D-09 and 002-D-10 in Garapan.

The complaint stated that the Mari Guest House operates on property that belongs to First Pacific.

Mocanu said on June 21, 2017, his client received an assignment of lease to the property and it was recorded as File No. 17-2120.

He said First Pacific received the assignment of lease to the property subject to the subleases that existed at the time of the assignment.

The lawyer said First Pacific does not have a copy of the sublease between the Mari Guest House operators and the prior landlord, adding that no lease is recorded at the commonwealth’s recorders office.

 Mocanu said they have asked the Mari Guest House for a copy of its lease, but it refused to provide one.

 Upon information and belief, the defendants’ lease obligates them to pay rent in the sum of $1,400 a month Mocanu said, adding that the defendants paid the amount to First Pacific starting in June 2017.

According to Mocanu, the defendants often paid rent late, sometimes paying rent in the middle or the end of a given month.

Although paying late, he said the defendants made $1,400 monthly payments from June 1, 2017 to March 1, 2018.

 The defendants, however, did not pay rent from March 2018 to June 2018.

First Pacific wrote to the defendants on May 31, 2018 and demanded that they either pay rent for the months March to May in the amount of $4,200 in three business days or vacate the property by June 5, 2018.

 Mocanu said to date, the defendants have neither paid rent nor vacated the property.

The defendants are holdover tenants, and their refusal to pay rent or vacate the property has caused First Pacific damage, Mocanu added.

He is asking the court to issue an order stating that the defendants are in unlawful occupation and possession of the property.

 He also wants the court to order the removal of the defendants from the property pursuant to the Holdover Tenancy Act, and an order awarding attorney’s fees.