2 months deposit

Hi po,

May I ask your expert advice on my situation:

We are currently renting a place now, since Dec.5, 2014. We have given 1 month advance and 2 months deposit. At that time, they were asking us to sign their contact. However, we insisted that they should sign it first before we sign it. Time passed, they didn't give us a signed contract. After almost 2 years, they sent us another set of contract - still without signature. And since we do not agree with the terms, we did not sign it.

And now, we are left with no contract. March 2017, we have decided to leave the area. I also forgot to mention that the unit we rented is full of problems. There's leakage - water gets into our unit and damaging our things. The lights are flickering (water from the rooftop sipping in our unit - our unit is in the 3rd floor and above is the rooftop, we are also below the water tank, so when the tank overflows, it's another problem). We have repeatedly requested for it to be repaired, however nothing has ever been mended. We have also requested to transfer unit, but they did not grant it. So we decided to finally leave.

We have given them the advice March 6, 2017. Practically, 30 days from our last day. Unfortunately, we have paid for the March rent as we decided last minute.

Question is, do we get our 2 months deposit? I have reviewed the Rent Control Act of 2009. In my understanding, it should be refunded to us. We will be paying the remaining bills though.

Please enlighten us. If we are entitled to get the refund, what will be our next steps if the landlord will inset to forfeit it? (We have informed them but they insisted that it will be forfeited).

Thank you.

why are they forfeiting it? meron ba kayong nilabag na provision ng contract?

in the first place po, there's no signed contract. in the first contract po, nakasabi na refundable (less incurred damages, if any) We did not incur any damages po, in fact- they were the ones who caused damaged on our things - water damage. We just didn't sign it kasi they want us to print the contract by ourselves and sign it first - eh diba sila dapat una pumirma.

They are forfeiting it kasi daw we have to consume it, as they said "yun daw ang patakaran nila". That came from the admin, and pabago bago po ang admin kasi nila. So these people may not know the scenario in 2014. In fact, we wanted to talk to the owner, but they don't even give out their contact number.

We do not want to consume it anymore, actually mas mahal na nga sinisingil nila ngayon. Before it was just 7,000, then nag add sila ng 700. So now, 7,700 na po. We want to get the whole 2 months deposit. Yun naman po ang nasa batas dba? Does it mean that since we don't have clear contract, the law becomes our contract?

not necessarily, pwedeng sabihin meron verbal, pwedeng i-imply yung mga contract ng ibang tenant will apply. ang problema dahil sa walang contract pwedeng i-claim ng landlord na ang usapan is 10k per month or ibahin nya ang usapan.

May receipt ka for the deposit? does it clearly say that that amount is for the deposit? next time mas maganda if meron kayong contract. since your money is with them, medyo dehado kayo if baligtarin ang story.

Anyways they cannot insist on you consuming the deposit sans any agreement to that nature. If they refuse to give it back you may file a claim at small claims court

I have kept the receipts. All of our payments.

Thank you for the advice. We will bring this to barangay level. But if worse comes to worse, how do we file sa small claims court? Where is it located? I am in Makati area. And how much would be the possible fee for that?

It is clearly stated in 1 month advance and 2 months deposit.