Question

Mr. Santos, a tenant, has been residing in an apartment complex owned by Ms. Gomez for several years. The lease agreement states that Mr. Santos is responsible for maintaining the cleanliness of the common areas of the apartment complex. However, due to negligence and lack of care, Mr. Santos consistently fails to fulfill this obligation, causing the common areas to be dirty and unsanitary.

Feeling frustrated, Ms. Gomez decides to take action to address the issue and sends Mr. Santos a written notice, requesting him to comply with his responsibilities as outlined in the lease agreement. In response, rather than rectifying his behavior, Mr. Santos purposely exacerbates the problem by deliberately littering and causing further damage to the common areas.

As the legal counsel for Ms. Gomez, discuss the following:

1. What are the acts that constitute abuse of rights in this scenario? Support your answer with provisions of the Civil Code.
2. Can Ms. Gomez invoke Article 19 (an obligation imposed on everyone to act in accordance with good faith, honesty, and fairness) against Mr. Santos? Explain.
3. What remedies are available to Ms. Gomez to address the abuse of rights committed by Mr. Santos?
4. Discuss any defenses that Mr. Santos may raise against the allegations of abuse of rights.