can a deposit be use to pay the rentals

hello po,

please enlighten me about the deposit I paid for apartment rental.

I rented an apartment last Oct 6,2016. term for 1 yr. the provision say ,The monthly rent shall be 8500 Php to be paid by the Lessee on or before the 8th day of each and every month plus a surcharge of Ten Pesos per day for payment of rentals made after 5thday of the month due. it is expressly agreed that the payment of the rental herein stipulated shall be made without the necessity of express demand and without delay on any ground what so ever. no. 3 provision say: the lessee agrees to pay the amount of 25,500 as deposit which shall answer for any rental in arrear, water bill,electric bill annd/or damages (hole in wall, broken glass window and broken door)which the Lessee shalll settle at the termination of this contract. my question is Kailangan ko pa po ba mag pay ng surcharge even mayroon po akong deposit until on the 8 of this month?

Yes. The rentals in arrears (if any) refers to any unpaid rentals at the time of the termination of the contract.

Hi, last September 2, 2018, we rented an apartment here at Mandaluyong for 7k per month. The landlady said that we only need a 2 month-security deposit so that we can move right away. My friend and I agreed on it and pay the 14k on cash. However, the contract was just sent this September 11, 2018 and as I was reading the paper, it states that the security deposit is non-refundable and cannot be consumed. My friend and I got worried because 14k is not that easy to earn and it took us a couple of months to save that. I asked the landlady as to why we can't consume or refund the deposit if in any case we didn't damaged the unit and she said that they will use the security deposit once we moved out and restore the property again. My only concern is, is it really non-refundable? Or in any case cannot be consumed?