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Application of Rental Deposit

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1 Application of Rental Deposit on Fri Apr 13, 2012 1:03 pm

elise1120


Arresto Menor
Good day to you Atty.

I need an advice regarding the proper/correct application on rental deposit.

We have been renting an apartment somewhere in Quezon City for almost two(2) years now. We want to move out this May 19, 2012 (expiration of our contract with them is May 24), and I wonder as to how the deposit will be applied.

When we rented the apartment approximately 2 years ago, we paid 1 month advance, which was applied on our first month (May 24-June 24, 2010), and 2 months deposit (26,000).

We already advised our landlord on February 2012 that we will no longer renew the contract and we will vacate the premises on or before the 24th of May. So, we also ask her if we can use 1 month (13,000) of the 2 months deposit as payment for our rent this April (April 24-May 24), however, our landlord did not agree to this and informed us that she will use the 2 months deposit for repairs if there are any (I have assured her that there's none as we have been shouldering the expenses on repairs and we even did replacements in the bedroom and cabinet locks when we first moved in as most of them are not working or some locks are missing). Aside from paying our usual rent this April, she also wants us to pay electric as well as water bills.

I thought electric bills and water bills are deducted on the deposit? Isn't this the case attorney?

I also asked friends who are also renting their place if the deposit can be applied on the last month and they all agreed that it should be. Before renting our current place, we have also been renting another place in Manila and our deposit was applied on last month before we left the place.

Atty, I want to know if repainting the apartment after we have vacated the premises can also be deducted on our deposit? Isn't that a case of normal wear and tear which should be shouldered by the lessor and not the lessee?

Also, isn't 26,000 unconscionable for them to hold as a deposit considering the fact that they still want us to pay all the utility bills?

I really have a feeling that we will not get the deposit and I want to know the best remedy for this case.

My apologies to my long message as I just want to give you all the details that you might need.

Thanks in advance Atty.









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2 Re: Application of Rental Deposit on Mon Apr 16, 2012 11:21 pm

attyLLL


moderator
i can understand that it is common practice, but that doesn't make it a legal right. the deposit should really just be for unpaid utility bills and damage to the unit. i'm sure your contract doesn't say you can apply it to other charges.

i recommend you conduct a joint investigation with landlord when you leave


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