I would like to open-up my concern for the apartment that we rented. The land lord discussed the basic rules of its contract, ex. 6 month contract, 1 month advance 1 month deposit, etc… If the contract was breached the deposit will not be reimbursed. We agreed so we paid the needed amount, advance and deposit without signing any contract. After a week the written contract was given to us. Upon reading the contract, there are items that were not disclosed to us during the our discussion before we moved-in which will be the reason for us not to rent if we were informed before paying or moving-in. We discussed it with the land lord and we decided that we’ll not continue our stay. The land lord says that this is a breach of contract so your deposit will not be given back. Our statement to him was we did not sign the written contract so there is no contract at all. He replied that since we’ve paid the advance and deposit then there is a contract. Is this valid? We believe that our land lord has an attorney so before we plan to talk to our land lord we are in the right side.
The information that was not disclosed to us during the first conversation was the electric rate per kwh charged to us since our unit has own submeter. This applies to almost 50 unit apartment as the business of my land lord. After seeking advice to MERALCO they said that the rate imposed to us is too much but they do not have any control to it. If the rate was disclosed to us for sure we did not proceed to rent the apartment.
If we consider we did have an oral contract with the land lord I would presume that all the information should have been disclosed to us before we moved-in which is not.
I've read some oral contract definition in the internet but it was not clearly define what it is and how to consider if it was breached.
I'm seeking legal advice not only to get the money from my land lord but importantly to know which party is right because I'm planning to move-out.
Last edited by torogiako on Fri May 03, 2013 12:21 pm; edited 2 times in total (Reason for editing : added detail.)