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Rental Deposit

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1 Rental Deposit on Fri Apr 29, 2011 3:51 pm

randyproject


Arresto Menor
Hi I really need advice on this please. Whether pros and cons is welcomed so I know my next moves.
I am currently renting an apartment. The first owner (who got the right to ownership as heir of the property)was a friend. I paid her 3-month deposit. We had no legal contract and the only proof I have were two generic receipts (Not OR) since she has no business entity.

Then he sold it to his brother in law who took over. So we directed our payments to him. Note that all receipts are generics (ganito naman halos lahat mga landlords kaya marami ang nawawala tax sa government). At first, he wanted to ask for a new deposits, disregarding the previous deposits we made.

Then again, this bro-in-law sold it to another person. Now this new owner, wants us to pay 3 months deposit again, saying wala siyang pakialam sa naunang deposits.

I stood my ground. I have not signed the new contract with her. Yes I paid her our latest monthly rental, without receipts and contract because I'm afraid signing the contract is tantamount to acknowledging the her hold and nullifying my deposits.

A friend told me that I can insist on using my 3-month deposit because when they were transacting the property, they all know that there is an existing tenant who has valid commitment and obligation vis a vis the original owners.

The new owner's lawyer, who is allegedly an RTC lawyer with good connection in Manila City Hall, insist that walang pakialam ang new owner sa anumang transaction.

If this is true, where is justice here. There is an injustice committed and how is it gonna be settled under Philippine laws.

Can I insist on using our our 3-month deposit by simply refusing to pay our succeeding rents and then just leave.

Or can I simply tell the owner that I no longer have money to pay rent, I will just leave when I get find another place for our transfer. Question: How long can we stay in the property without paying and as long as wala kami malipatan?

If she resorts to legal means? What rights do I have to fight for then?

Hope you help me on this please. So I know If I have to transfer my kids to another school yet. I'm pressured for time to act. Thank you very much my dear legal experts!

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2 Re: Rental Deposit on Sun May 01, 2011 7:53 am

attyLLL


moderator
where did the first owner run off with the deposit?

try to make use of this provision by proving that the buyers knew of the lease:


Art. 1676. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease, save when there is a stipulation to the contrary in the contract of sale, or when the purchaser knows of the existence of the lease.

If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered.

If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right granted in the first paragraph of this article. The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not recorded in the Registry of Property.


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3 Re: Rental Deposit on Wed Jun 22, 2011 10:17 am

gilchelle


Arresto Menor
hi Atty. Just want to ask advice from you. Ngayon kasi im renting a space for mag 5 months na. From Feb - June 2011. Business ko is internet cafe in the space im renting is in second floor. losses kami since i started renting in the space. Malaki talaga ang loss ko kasi lahat ngbills sa bulsa ko talaga nang gagaling kasi la talaga income. Halos everyday 100 pesos lang ung income ko. And i have so many expenses. My contract will end sa Feb 2012. Gusto ko na sanang magvacant na sa space niya this july but nakalagay sa contract nmin na if i really want to leave the space even hindi natapos ang contract i have to inform them 5 months before ako aalis. pero d na ako makapag hintay ng 5 months kasi nga loss na talaga kami. La na kaming pera eh sustain sa aking mga expenses. Option niya sa akin yung 3 months kung deposit ung gagamitin for the remaining 5 months na stay ko but if may makita daw silang another lessee pwede rin nman daw akong makaalis with my deposit paid. pero ung problem ko sir is d na ako makatagal dito kasi next month la na akong maibabayad sa mga expenses ko eventhough d ako magbabayad ng renta ko sa knya. pwede ba talaga akong magvacant kahit d xia payag? please help me i really need your advice.thank you very much

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4 Re: Rental Deposit on Sat Jun 25, 2011 4:18 pm

attyLLL


moderator
look at the other provisions of your contract, particularly anything that says they can padlock or get your belongings.

it seems to me that they are offering you a way out through the 3 month deposit. tell them you will consider the space still rented for 3 months but you will move out immediately.


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5 Re: Rental Deposit Today at 5:20 am

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