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Landlord says I cannot consume my 2 months deposit for house rental

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jomakimhut


Arresto Menor
Good day sir,

I'm renting an apartment for more than a year now and I wrote my landlord a letter notifying them that I would be leaving the house by end of March and I would like to consume my two (2) months deposit but he says our current rental contrcat will not allow it. Is this legal?

Please advise.

Thank you.

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Cecilia1970


Arresto Menor
Hi atty, we don't have written agreement. I issued check amounting my loan and pay for 1 month as the check dated she already deducted the interest last 2010. She never deposit the check since then. The fact that we both know that part of that loan proceed to her friend and that she did not pay. Just for me to have the good faith I pay it all. Then now he sue me in barangay and telling me she will file a case against me by texting her bad words like I will let my dog get out of the cage and tresspassing and loan balance.
My question is did she have the right to sue me or file a case?
And I plan to file in my barangay accusing her for tresspassing, oral deflation and harassment. Could it be possible if she wil insist.
Please let me know if have on the right side.

Thanks

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earl223


Arresto Menor
@jomakimhut: Deposits are not really used for rent payments. They are kept in the bank and earn interest and will be returned to you (including interest) one month after your rent contract expires. Deposits are used to cover "end-of-contract" expenses; like payment of bills left by the tenant, and repair of the unit (if damaged by tenant). If the lessor agrees that deposits may be used as rent payments then good for you.

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jomakimhut


Arresto Menor
@Aresto Menor: Thank you sir for your advise.

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jomakimhut


Arresto Menor
@Aresto Maenor: Just a quick question sir, what it we actually maintained the apartment and there were no damages to speak of and all end-of-contract bills paid? Can I still get our deposit? Thanks in advance.

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earl223


Arresto Menor
Yes... deposit SHOULD be returned to the tenant. Think of it as a "clearance." When landlord sees that no damage was done to the property, and there are no unpaid bills, then landlord must return the full amount of the 2 months deposit (plus interest if any).

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jomakimhut


Arresto Menor
@earl223: Can't thank you enough sir. More power to you and God bless!

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