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Contract Lease

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1 Contract Lease on Fri Dec 10, 2010 2:39 pm

Engr6Sigma


Arresto Menor
I rented a studio apartment for my girlfriend early this year (March 2010) for a short contract of 6 months. I extended for 2 months but never had a new contract or any type of agreement. I told the owner (Before November) that we are already planning to leave and I wanted to get my deposit. He said, "you can get it, depends on how you leave." I asked how, he said, "you have to pay the month advance, then you have a whole month to leave". With this, I gave him the advance payment of 3500 last November 6, (covering Nov 10 to Dec 10) but we left on the Nov 9. Technically, I paid for a month's worth of rent without even occupying it. (but i'm fine with it)

He confirmed several times that I'll get my deposit back after a month's time.

I sent him an SMS a few days ago and told him that I'll be getting my deposit on December 10th.
He said that it was forfeited because he is claiming that I signed the contract that states "If you leave before the rent term is over, deposits will be forfeited." I justified the contract that I signed and told him that "My rent period was long over as my contact is good only for 6 months. I didnt sign a renewal or any agreement." Then he claims that it's on a month to month basis. I justified again saying that "yes, it's a month to month for an active contract. My contract already expired." My deposit would have been forfeited if i left prior to 6 months, but we reached 8 months.

His wife also contacted me and also insisted that it's a month-to-month basis. I replied and told her na if it's a month to month contract, paano ako aalis? I was asked to pay a month advance prior to leaving to cover Nov 10 - Dec 10. Should I leave on Dec 11th then? E before I leave I need to pay nga daw a month advanced. I'll pay another month's worth? Dec 10 - Jan 10? If I leave in the middle, I still lose the deposit diba.

This guy has a tendency to bully people probably because of his physical built (body builder) and he worked for a few years in the states (Mayabang). He talks loud and arrogant. He even told me (through SMS) that I owe him electric bill, garbage fee, drum free, repairs of damages etc. I didnt damage anything there, it's a cheap studio and can easily suffer from a regular wear and tear. He can deduct the electic bill, but there will still be an amount left in my deposit. Nang-gigipit talaga sya ng tao, before I signed the contract he told us na that Drum will be rented for 500 bucks and will be returned when we leave. Tapos sinabi nya nun na di na daw nya ipaparent, sa next batch na lang daw ng tenants. Then now he is claiming it.

Instead of arguing with him, (I know it's not going to end) I wanted to settle this in a professional way and let a lawyer analyze the situation. I know it's a small amount and I can just give it to him. However, my concern is he will be taking advantage of other people in the future - continue to bully others at mang-gipit ng kapwa nya due to his selfishness and greediness.

They didn’t give me a copy of the contract, they didnt give me a receipt of my last 2 payments (but said they will). Should I deal with this?Any thoughts?

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2 Re: Contract Lease on Fri Dec 10, 2010 10:03 pm

attyLLL


moderator
your remedy is to file a complaint at the bgy for refund. if no settlement is reached, then you can file a complaint for refund under the small claims rule on sc.judiciary.gov.ph.


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3 Re: Contract Lease on Sat Dec 11, 2010 10:36 am

Engr6Sigma


Arresto Menor
Thanks Atty. Looking at the situation, do you feel that I'll be victorious in this case?

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4 Re: Contract Lease on Sun Dec 12, 2010 6:12 am

attyLLL


moderator
it all depends on what evidence the parties present. i would think the landlord will have the burden to prove the circumstances that led to the forfeiture of the deposit, and you will have to do your best to show it is not true.

note that the bgy has no power to decide who is right, just to convince parties to settle. but it is required before going to court.


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5 Re: Contract Lease Today at 9:55 pm

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