Hi,
I have been renting a condo in Makati for 2 years without any problem of unpaid rent or bills.
I have now moved out and the 60 days delay for the lessor to return the security deposit (as stated in the notarized lease contract) have expired.
Since then I have been in contact many times with the agent who handled the contract in order to get my deposit back but it appears that the owner is making new excuses every week not to return it.
I am a foreigner and I have no knowledge of the Philippines justice system so my questions might look trivial.
From what I could find on this site it seems like I must send a letter of demand and file a complaint with the Makati barangay so that I can eventually sue. This is where I need some advice...
1. Should I address the letter of demand to the agent or to the owner who signed the contract, or both?
2. How should I send it? Should I ask for a special delivery service with proof of delivery?
3. Are there any specific legal mentions that should appear on the letter for it to be valid?
4. What would be the cost for filing the barangay complaint? And for a lawyer for the trial?
5. What are my chances to win the case?
6. Also the owner claims he had to make repairs without providing any proofs and wants to deduct the cost from the security deposit amount. Is he not legally obliged to provide a statement detailing how much he is charging and for what purpose?
Thanks a lot for reading,
I hope you can help
I have been renting a condo in Makati for 2 years without any problem of unpaid rent or bills.
I have now moved out and the 60 days delay for the lessor to return the security deposit (as stated in the notarized lease contract) have expired.
Since then I have been in contact many times with the agent who handled the contract in order to get my deposit back but it appears that the owner is making new excuses every week not to return it.
I am a foreigner and I have no knowledge of the Philippines justice system so my questions might look trivial.
From what I could find on this site it seems like I must send a letter of demand and file a complaint with the Makati barangay so that I can eventually sue. This is where I need some advice...
1. Should I address the letter of demand to the agent or to the owner who signed the contract, or both?
2. How should I send it? Should I ask for a special delivery service with proof of delivery?
3. Are there any specific legal mentions that should appear on the letter for it to be valid?
4. What would be the cost for filing the barangay complaint? And for a lawyer for the trial?
5. What are my chances to win the case?
6. Also the owner claims he had to make repairs without providing any proofs and wants to deduct the cost from the security deposit amount. Is he not legally obliged to provide a statement detailing how much he is charging and for what purpose?
Thanks a lot for reading,
I hope you can help