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CARLOS SUPER DRUG CORPORATION v. CA

This case has been cited 1 times or more.

2006-03-03
CALLEJO, SR., J.
It bears stressing that after the subject lease contract expired on July 15, 1995, petitioner was already unlawfully withholding possession of the leased premises from respondent as to entitle the latter to file her complaint for ejectment against petitioner as defendant. [26] Since the lease contract was executed for a determinate time, such contract ceased on the day fixed without need of further demand. [27] A notice to vacate constitutes an express act on the part of the lessor that he no longer consents to the continued occupation by the lessee of the property.[28] Hence, respondent, as plaintiff in the trial court, had a cause of action for ejectment against petitioner who was the defendant below.