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Security deposit

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1 Security deposit on Sat Mar 28, 2015 7:20 pm

foreigner_tenant


Arresto Menor
Hi,

I have been renting a condo in Makati for 2 years without any problem of unpaid rent or bills.
I have now moved out and the 60 days delay for the lessor to return the security deposit (as stated in the notarized lease contract) have expired.
Since then I have been in contact many times with the agent who handled the contract in order to get my deposit back but it appears that the owner is making new excuses every week not to return it.
I am a foreigner and I have no knowledge of the Philippines justice system so my questions might look trivial.
From what I could find on this site it seems like I must send a letter of demand and file a complaint with the Makati barangay so that I can eventually sue. This is where I need some advice...
1. Should I address the letter of demand to the agent or to the owner who signed the contract, or both?
2. How should I send it? Should I ask for a special delivery service with proof of delivery?
3. Are there any specific legal mentions that should appear on the letter for it to be valid?
4. What would be the cost for filing the barangay complaint? And for a lawyer for the trial?
5. What are my chances to win the case?
6. Also the owner claims he had to make repairs without providing any proofs and wants to deduct the cost from the security deposit amount. Is he not legally obliged to provide a statement detailing how much he is charging and for what purpose?

Thanks a lot for reading,
I hope you can help

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2 Re: Security deposit on Sun Mar 29, 2015 10:47 pm

Lunkan


Reclusion Perpetua
It's common to not get back deposits, because they have SPEND it... Smile
That's why many SKIP to pay the rent in the end to get the deposit back, although that's not formaly corect.

Just go to the Barangay Office and ASK what you need to do. (There can be local differences.)
Going to the Barangay Captain is a MUCH SIMPLIFIED process, so it's no complicated legal process, so normaly NO lawyers are involved, The Barangay Captain listen to both sides and JUDGE. The Captains are normaly NOT law educated, so the good Captains normaly base their verdicts (mainly) at COMMON SENCE.

5. Your chance to winn depend much of the personality of the Barangay Captain. Some are very fair, some are very corrupt...

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3 Re: Security deposit on Mon Mar 30, 2015 11:59 am

foreigner_tenant


Arresto Menor
Lunkan wrote:It's common to not get back deposits, because they have SPEND it...  Smile
That's why many SKIP to pay the rent in the end to get the deposit back, although that's not formaly corect.

Just go to the Barangay Office and ASK what you need to do.  (There can be local differences.)
Going to the Barangay Captain is a MUCH SIMPLIFIED process, so it's no complicated legal process, so normaly NO lawyers are involved, The Barangay Captain listen to both sides and JUDGE. The Captains are normaly NOT law educated, so the good Captains normaly base their verdicts (mainly) at COMMON SENCE.

5. Your chance to winn depend much of the personality of the Barangay Captain. Some are very fair, some are very corrupt...

Thanks for your reply Lunkan. If I go straight to the barangay captain and end up unsatisfied with his decision, can I still choose to go to court after?

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4 Re: Security deposit on Tue May 12, 2015 11:36 am

jekz


Prision Mayor
Try to settle down first at barangay office. If you bring this matter to court it will take a lot of time. I can say that the only thing we need is to get the deposit which the owner must return provided that the contract states it.

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5 Re: Security deposit on Tue May 12, 2015 12:50 pm

LandOwner12


Reclusion Perpetua
Captains.(as Lupon chairman), is the tagapamagitan,,,
if one party does not agree, or comply, they can not force the rule of law insisting one is right and another is wrong... out of court settlements are put in place to lessen those mountainous cases piling up on judicial courts,,,, but still they are not de facto law expert and can not 100% interpret laws of the land. so yes, if you are not satisfied with the kapitan, then go file a case and bear the long wait,,,,
,,, good luck...

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6 Re: Security deposit Today at 5:11 am

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