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1 month advance, 2 months deposit/Care taker 1 and Care taker 2

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jaiho787


Arresto Menor

Hi,

I wanted to seek help or an advice what to do about my concern.

Care take taker 1 based in Pasay
Care take 2 is based in Laguna
Owner is in the US.

We are currently renting an apartment in Pasay for P9,000 a month. Terms are 1 month advance, 2 months deposit.
So on August 25, 2013 we gave P27,000 cold cash to care-taker1 of the apartment and we were given a receipt on the same day with the date and amount hand-written on it (Grey paper with readily printed format of a receipt. No TIN or BIR record number). The two-page notarized contract was given to us on September 10, 2013 which was considerably late.

Based from my understanding and based from the care-taker1, 1 month advance payment is used on the first month that we'll initially stay in the apartment and the P18,000 that was left out of the P27,000 that we gave them is the 2month deposit and will be safe-kept in their possession or in their bank account (however they want to keep it.)

In three months consecutive, we paid our rent in cash thru the care-taker1 who resides a few blocks aways from our apartment. Then on the next succeeding months, we pay our rent by depositing thru BDO under the name of the care-taker2 who is based in Laguna.

Before the month of August 2014 comes, care-taker2 messaged me saying we lack of 1 month rent (August to September 2013). That we cannot use the deposit because have not completed one year of stay and our payments are not continuous. I explained to her that we have paid that month already using the 1 month advance that we paid along with the 2 months deposit. I also told her that it was how we were told by the care-taker1. She said that her boss (the owner) has a different policy for it and told me that, that's how it really goes.

I keep on telling her that 1 month deposit is used by the lessee for the first month of staying and the deposits are theirs to keep for the purpose of insuring that if we made any damage to the apartment or bills left, the deposit will cover for it.

She said that her boss has a different policy. That the 1 month advance and 2 months deposit we gave them (P27,000) is for them to keep until such time that we inform them that we'll move out of the apartment. I said i'll seek some legal advice about this and she blatantly told me and challenged me that I'll just be embarrassed of proving myself wrong.

I am also just wondering because they do not give us receipts whenever we make a payment. I understand that we receive receipts or deposit slips from the bank and we consider that as our receipt however, not every deposit slips are kept, we might have misplaced etc.

I don't also think that the owner of the 3 apartment unit pays tax.

Can anyone give me an advice on this?

Thanks for your time everyone.
Have a nice day.

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