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Rental Deposit Return for Supposed Tenancy

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ehmsolomon


Arresto Menor

Dear Lawyers,

Good evening Sir/Madam, I would like to ask assistance on my situation. Recently, I found an apartment for rent which I am interested to occupy. I gave the owner initial deposit of Php10K out of 18K for our agreed 2mos deposit and 1mo advance for 6K monthly rent last May 19, 2016. He gave me a receipt (but not official receipt). Last Sunday, May 22, 2016, we (my husband and child 4y/old) visited the place and did some cleaning (also made removal of old wallpaper, dusting in the wooden walls and beneath the linoleum's flooring in the bedroom area). However, later that night, we decided to back-out due to personal reasons. We informed the owner regarding this and he acknowledged it telling us that he'll be reaching out to his father on this concern. Then we ask him when we can have the deposit back. He cannot decide on his own and relying on his father's command. He then told us the next day, May 22, 2016, that initial repairs we suggested and have been agreed by him (removal of an obstruction in the kitchen, not functional old water pump tubes) worth 700.00 will be deducted from our initial deposit. We said okay with that just to get the deposit immediately since we urgently needed the money. Still, he could not provide. This morning, May 24, 2016, as instructed by his father, he informed us that her father would like to deduct from the deposit half of the expenses from the repair of the wooden flooring in the bedroom and painting of its wooden walls which was from their own initiative and without our knowledge. We refused and told them the repairs made was their responsibility. He acknowledged this and told us he'll relay the information with his father and advised us if already okay.

I am afraid that deposit will not be given immediately and if given will have material deduction. All our conversations since May 22, 2016 was via text messages. We haven't signed any contract since the deposit was given. Our only document was the receipt given.

Please do advise us what we can do with this.

Hoping for your response regarding this matter.

Thank you so much!

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