Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Help Please..1 month advance and 2 months deposit

View previous topic View next topic Go down  Message [Page 1 of 1]

shiela1234


Arresto Menor
Hi All, we have rented and paid 1 month advance and 2 months deposit. our last payment march 4,2011 to april 3, 2011. April 4, 2011, I called our lessor that we are going to move out on June 4, 2011 and I asked if we can possibly consume our 1 month advance and part of the deposit. The lessor agreed as per our phone conversation.

Next day april 05, at 1pm I sent a written notice that we will move out on the said date 6/4/2011 which also indicate that we will consume our advance and deposit. The lessor accepted the letter and signed it with our signed copy also.

2 days after april 7 at 8am, the lessor called and said that we can not use our deposit until we move out, we can however use our 1 month advance until may 4.

Here below are the points that I need your ideas and opinion.

1.) We first signed a 1 year contract here last Feb.2008. It is never renewed since then.
2.) The lessor signed and accepted my written notice to move out on june 4 with the clarification statement for us to use the advance and deposit indicated on it.
Can we use it as our legal claim?

3.) The lessor insist to go inside our house to check everything. I know it is the right of the lessor, it is just that we are not yet ready. The lessor might charge us for things just because the place is not on the same arrangement as we started more than 3 years ago. We still have to fix things back to normal like the look when we first move in so that they will not just charge us for this and for that whatsoever. I keep insisting to the lessor the we will let them check the house at the end of may since we will move out on june, but the lessor insist to get inside at soonest possible time.
Any ideas please.

4.) Our 1month advance will due on may 04, that is why the lessor told us that we can stay until may 4. We have 2 months deposit, which means upon moving out on june 4, there is still 1 month deposit left which is fine with me.

Could the lessor really let us go on may 4 or do I really need to pay for another month? the fact that I also do not have enough to pay by then as we are going to spend for our new place that much.

I look forward for your ideas and thank you so very much.

View user profile

attyLLL


moderator
if it was not renewed, then you are deemed to be renting on a monthly basis, and can vacate without penalty by giving 30 day notice.

you should not prevent the owner from inspecting. you can make a joint inspection and make a commitment to fix by a certain date and do another joint inspection.

receipt of the letter is not consent to its contents. does your letter declare your agreement or it is again requesting? proving a verbal agreement can be difficult.

the lessor's fear is that you will be leaving more damage than what the deposit will cover. you should assure her by allowing the inspection.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

shiela1234


Arresto Menor
Thank you very much atorney for your reply to my post.
It is very much appreciated and it really helps in many ways.

God Bless You..

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum