I'm new on renting my own place. I just recently rented one with my foreigner fiance. FYI: The contract is under his name. However, when the lessor told us that the place is ready to be occupied, (meaning: everything that we talked about that should be fixed is fixed) everything that was pointed out was still the same. The place wasn't really in good condition. Starting from the door, it wasn't clean. (which we talked about that he would have it painted) The windows have no locks and can easily be opened. The kitchen drain is clogged as well as the bathroom drain. Also the pipes under the kitchen sink was dripping water. It one time flooded our place. Water just started gushing out of the pipes underneath. (It was like an indoor water falls) The ceiling later on dripped water when it started to rain. I started occupying the place since January 20. We agreed on 1 month adv and 2 months deposit but since there were still stuff that needed to be done, I withheld the second month deposit up to the second month.
Come second month, it's still the same. I constantly informed the lessor of the problems since occupancy but he somehow ignored all my concerns. On the second month, I only paid for the rent and not the security deposit which was agreed upon. When I did not pay the security deposit, and told him that we would just look for people who can fix all of it and deduct the amount on the security deposit which we were supposed to pay him. He ignored that and started scheduling the fixes needed for the apartment. However, the window (which is important for our safety even though there's a guard downstairs) is left unfixed and the bathroom drain, --we have to do it ourselves. So today March 11, 2012 he texted me asking for the security deposit which I immediately declined to pay because, the studio apartment which was stated on the contract, would be received in good condition is still not in a 100% good condition. My only point is, he should have done it before and we wouldn't be having that conversation. He replied to me saying that: "Excuse me, I am the owner of the unit you are staying. Know your limitations"
I on the other hand told him that I would pay him ones everything is done. But I thought him saying that, was very uncalled for since he wasn't doing his part of the bargain.
I just want to know if I am in the right position and I would like to know what to do if this reaches the court or if this still continues. (cause I read in some website, that the lessee can withhold rent when there are necessary repairs that needs to be fixed by the landlord.) Thanks!
ps. sorry if i posted in the wrong section.
Come second month, it's still the same. I constantly informed the lessor of the problems since occupancy but he somehow ignored all my concerns. On the second month, I only paid for the rent and not the security deposit which was agreed upon. When I did not pay the security deposit, and told him that we would just look for people who can fix all of it and deduct the amount on the security deposit which we were supposed to pay him. He ignored that and started scheduling the fixes needed for the apartment. However, the window (which is important for our safety even though there's a guard downstairs) is left unfixed and the bathroom drain, --we have to do it ourselves. So today March 11, 2012 he texted me asking for the security deposit which I immediately declined to pay because, the studio apartment which was stated on the contract, would be received in good condition is still not in a 100% good condition. My only point is, he should have done it before and we wouldn't be having that conversation. He replied to me saying that: "Excuse me, I am the owner of the unit you are staying. Know your limitations"
I on the other hand told him that I would pay him ones everything is done. But I thought him saying that, was very uncalled for since he wasn't doing his part of the bargain.
I just want to know if I am in the right position and I would like to know what to do if this reaches the court or if this still continues. (cause I read in some website, that the lessee can withhold rent when there are necessary repairs that needs to be fixed by the landlord.) Thanks!
ps. sorry if i posted in the wrong section.