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Cannot get security deposit back

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1 Cannot get security deposit back on Tue Sep 12, 2017 5:36 pm

nick1234567


Arresto Menor
Good afternoon.
I need a basic consultation about my case. A landlady don't give me security deposit back.

Her reasons: (actually she is creating new reasons almost every day)
- I need to pay for cignal modem which was renew before I moved to the house
- The TV was broken, but it was broken because it was old. It's natural for devices be broken after some amount of time. I did 0 afford to break it, and she knows it.
- For renew an aircon (same reason as above)
- I need to pay for some broken stuff. I can accept that I did it, I said immediately that I did it and I'm ready to pay. But she said "It's okay for me, don't need to pay", so I got her oral confirmation that I don't need to pay and I wasn't informed that it will be charged from security deposit. (Actually, I've tried to negotiate about it, but she is sure that I need to pay whole amount)

Next, we informed her, that we ready to move out, while we were at new place she came and changed a locker and took all my devices (macbook pro, few expensive phones, some other stuff) without my permission and didn't informed me that she did it, btw we had conversation with her after she did it via Facebook. When we called to her, she didn't want to give it back. Fortunately, I've got some of it back, but not all. It seems that she wanted to rob me. More over she took food from refrigerator.

If are there any law about it? I'm not local, so I'm now familiar with local low.

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2 Re: Cannot get security deposit back on Thu Sep 14, 2017 9:46 pm

Lunkan


Reclusion Perpetua
It's common landlords in the Philippines don't pay back deposits even when there are nothing broken. I suppouse by they have used up the money Laughing

When she entered and took stuff - was that during a period when you STILL paid the rent there?
If No, why had you stuff left there??
If Yes. Tell her you will go to the baranggay captain or court if she don't give all back. (Except the now old food Smile

Barangay captain is often first choise and in some types of disputes it's even obligatoric before can go to court. I suppouse he handle BOTH of your problem types.
Otherwice is Small Claim court an alternative. There can the total value be max 100 000 (200 000?) No CRIMES are handled there except the economical part.
I see the taking of stuff as a crime except perhaps if you hadn't paid rent for the period when she did it.

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3 Re: Cannot get security deposit back on Thu Sep 14, 2017 10:04 pm

nick1234567


Arresto Menor
I sent a demand letter to her yesterday. Her son called to me today and said that he would pay tomorrow.

I had a problem with Globe, they couldn't transfer internet connection for 8 days, so I couldn't move. We had agreement, that she will charge from it from security deposit. But 5 days aren't worth whole security deposit. We just noticed her on sunday about 5 pm that we would move today, then we went to Globe for close a broadband account, at that time (about 7 pm) she came and took devices (she even took pictures on one phone, so I know exact time when she did it): macbook pro, xiaomi note 2, samsung A5, xiaomi action camera 2 plus few not expensive things.

I had a conversation yesterday with layer, he confirmed, that
- change a locker isn't crime
- bring personal stuff without permission is crime

More over, I moved in 500 m away from previous place, but she preferred took stuff about 10 km away.

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4 Re: Cannot get security deposit back on Fri Sep 15, 2017 4:44 pm

Lunkan


Reclusion Perpetua
The son seem reasonable so perhaps all can be solved without legal fight.
Otherwice is barangay captain first alternative (or in some cases Small claims court.)

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