Rental Security Deposits

[brock]

I think the law is they cannot see about evicting you unless you are 3 months behind with your rent, So not paying the last 2 months should not be a problem

[Mike S]

I think the law is they cannot see about evicting you unless you are 3 months behind with your rent, So not paying the last 2 months should not be a problem

 

I think you better check that law again or else maybe they don't enforce ..... it my last contract stated if you were 30 days behind in your rent you were to be evicted and penalized for each day you were late .... which was removed from your 2 months deposit ..... he had no problem removing 3 of the tenants while we were there .... there is actually no law protecting tenants here in the Phils that I know of .... except I did hear they are only allowed to go up but so much each year on your rent .... but I must say we have lived in 3 places and they never went up on our rent ..... but then we were never late in paying the rent either .... :thumbsup:

:cheersty:

[robert k]

Mike S has a good point, don't sign anything you don't agree with, if the contract says 30 days, then 30 days it is, if you agreed to it. Probably why they had no trouble evicting someone, it was because they agreed to it in advance.

[Jollygoodfellow]

Says here in the case of a 12 month lease, that the 11th and 12th month deposit is used as rent.

 

4. DEPOSIT:   That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of  PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency.  wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.

 

http://legal-forms.philsite.net/lease-contract.htm

 

The Rent Control Act of 2009 (R.A. 9653) seems to only cover rents of up to P10000

 

http://www.manila-legal.com/Property/Rent-Control-Act.php

[brock]

1. All lessors covered by the Act must follow the limits set on increases in rent, to wit:
2. No increase in rent shall be imposed 1 year from the effectivity of the Act.
3. After the expiration of this 1 year period until 31 December 2013, the rent cannot be increased by more than 7% annually if the unit is occupied by the same lessee. In case the unit becomes vacant, the lessor is not bound by the maximum limit. Nonetheless, for boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental imposed more than once each year shall be allowed.
4. All lessors covered by the Act can neither demand more than 1 month advance rent nor more than 2 months deposit. Said deposit shall be kept in a bank under the lessor's account name during the entire duration of the lease agreement. Any and all interest accruing from such deposit shall be returned to the lessee at the expiration of the lease contract. Forfeiture of this deposit is allowed only in specific instances such as the lessee’s failure to settle the rent, utility bills, or destruction of any house components and accessories.
5. All lessees renting in residential units covered by the Act should pay the rent on the day set in the lease agreement. In case there is no lease agreement, the lessee is obliged to pay the rent in advance within the first 5 days of every current month or the beginning of the lease agreement. Arrears in the payment of rent for a total of 3 months without any refusal on the part of the lessor to accept the payment, subjects the lessee to ejectment.

6. All lessees whose rental payments are refused by the lessors despite their existing agreement are allowed to deposit the rent by way of consignation to any of the following entities: a. court; b. the city or municipal treasurer, as the case may be; c. barangay chairman; and d) a bank. The deposit must be in the name of the lessor and he/she must be notified of such within 1 month after his/her refusal. In case said refusal continues, the lessee can continue depositing the rent in the same way within 10 days of every current month.
7. All lessees are entitled to remain in the premises regardless of the existence of a mortgage or sale of the property to a third person. A similar right exists even though either the sale or mortgage is registered.
8. All lessees are entitled to a formal notice 3 months in advance of the lessor’s legitimate need to repossess the property for his/ her own use or for the use of his/her immediate family. In case the lease is for a definite period, lessees are entitled to remain in the premises until the expiration of the lease. Meanwhile, the lessor is prohibited from leasing the unit or allowing its use by a third party for at least 1 year from the time of repossession. 

[jpbago]

Don't move out. Let your executor take care of it.

[GregZ]

I just moved out of a condo in Manila.  The building manager told me not to pay the last month of rent.  That came from the unit owner I believe.  Then on move out day the owner came and had the utilities all read with final bills.  We settled up in cash on the spot.  Funny thing is we did business in the lobby and the owner never even looked to see if we damaged the place.  :dance:   Works for me... We did not damage anything though.

[Mike S]

 

Says here in the case of a 12 month lease, that the 11th and 12th month deposit is used as rent.

 

4. DEPOSIT:   That the LESSEE shall deposit to the LESSOR upon signing of this contract and prior to move-in an amount equivalent to the rent for THREE (3) MONTHS or the sum of  PESOS: AMOUNT IN WORDS (P 00,000.00), Philippine Currency.  wherein the two (2) months deposit shall be applied as rent for the 11th and 12th months and the remaining one (1) month deposit shall answer partially for damages and any other obligations, for utilities such as Water, Electricity, CATV, Telephone, Association Dues or resulting from violation(s) of any of the provision of this contract.

 

http://legal-forms.philsite.net/lease-contract.htm

 

The Rent Control Act of 2009 (R.A. 9653) seems to only cover rents of up to P10000

 

http://www.manila-legal.com/Property/Rent-Control-Act.php

 

 

 

1. All lessors covered by the Act must follow the limits set on increases in rent, to wit:
2. No increase in rent shall be imposed 1 year from the effectivity of the Act.
3. After the expiration of this 1 year period until 31 December 2013, the rent cannot be increased by more than 7% annually if the unit is occupied by the same lessee. In case the unit becomes vacant, the lessor is not bound by the maximum limit. Nonetheless, for boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental imposed more than once each year shall be allowed.
4. All lessors covered by the Act can neither demand more than 1 month advance rent nor more than 2 months deposit. Said deposit shall be kept in a bank under the lessor's account name during the entire duration of the lease agreement. Any and all interest accruing from such deposit shall be returned to the lessee at the expiration of the lease contract. Forfeiture of this deposit is allowed only in specific instances such as the lessee’s failure to settle the rent, utility bills, or destruction of any house components and accessories.
5. All lessees renting in residential units covered by the Act should pay the rent on the day set in the lease agreement. In case there is no lease agreement, the lessee is obliged to pay the rent in advance within the first 5 days of every current month or the beginning of the lease agreement. Arrears in the payment of rent for a total of 3 months without any refusal on the part of the lessor to accept the payment, subjects the lessee to ejectment.
6. All lessees whose rental payments are refused by the lessors despite their existing agreement are allowed to deposit the rent by way of consignation to any of the following entities: a. court; b. the city or municipal treasurer, as the case may be; c. barangay chairman; and d) a bank. The deposit must be in the name of the lessor and he/she must be notified of such within 1 month after his/her refusal. In case said refusal continues, the lessee can continue depositing the rent in the same way within 10 days of every current month.
7. All lessees are entitled to remain in the premises regardless of the existence of a mortgage or sale of the property to a third person. A similar right exists even though either the sale or mortgage is registered.
8. All lessees are entitled to a formal notice 3 months in advance of the lessor’s legitimate need to repossess the property for his/ her own use or for the use of his/her immediate family. In case the lease is for a definite period, lessees are entitled to remain in the premises until the expiration of the lease. Meanwhile, the lessor is prohibited from leasing the unit or allowing its use by a third party for at least 1 year from the time of repossession. 

 

 

Well as a wise man once told me "the law is the law" :mocking: ..... so if the contract drawn up is not based upon Philippine law I should have him change his contract because "the law is the law" :mocking: ..... yup and i can just continue to look for another place to live ..... these contracts are drawn up by lawyers who should know the law or ways to get around the law plus the fact that it will take you months if not years to ever hope of winning your case in court and being as you are a foreigner you have almost 0 chance of coming out on top ..... as to your stuff being put into the street because of not paying your lass\t months rent who are you going to go to to complain and what good will it actually do in the long run ....

 

Anyway all this is good info but I hope to god someone doesn't think that just because you can quote a law to who ever is removing your furniture you will be safe and cozy within the limits of the law ..... oh and they don't have a armed guard posted to protect your property ..... it will be picked clean before you can get back .... I guess one solution would be for someone to always remain inside your apartment 24/7 with a 2x4 under the door knob so they can't get in to evict you .....

 

I for one will just continue to either except the lease or move on after all there is an over abundance of places to rent that are in quite neighborhoods with cheap rent .... spacious living areas .... great landlords and close to shopping and transportation .... and above all secure .... sorry folks I'm being a smart @ss ..... it took us over 6 months to find our last place but then we are kinda picky ....... so I guess the choice is yours ...... ya gotta do what ya gotta do ....

 

I would love to hear from someone who has successfully challanged the system as far as taking their landlord to court and won ..... would be kinda reassuring to know that "the law is really the law" ....... :mocking:

[robert k]

Mike S, you might be being a bit of a smart ass, I think the emphasis on smart probably applies. One must always take stock of the situation one is in. Like you said, the contract you signed allowed for the lessor to evict the lessee when rent was 30 days past due, open and shut case, renter signed it, no more need be said.

 

In the case of someone using the police to evade the law, I was on a company retreat in Mexico and my boss bought shots all night paying for each one and tipping the waitress, when it was time to leave the bar owner presented a tab and my boss said he had already paid. The owner threatened to call the police. My boss told him to go ahead because he intended to offer the police $500 to take the owner out back and beat the crap out of him. After that it appears that it was all a big misunderstanding. Not a suggestion, but sometimes the correct response. I think talking it out is best but you have to do what you think best at the time.

Edited June 29, 2013 by robert k

[Jollygoodfellow]

 

1. All lessors covered by the Act must follow the limits set on increases in rent, to wit:
2. No increase in rent shall be imposed 1 year from the effectivity of the Act.
3. After the expiration of this 1 year period until 31 December 2013, the rent cannot be increased by more than 7% annually if the unit is occupied by the same lessee. In case the unit becomes vacant, the lessor is not bound by the maximum limit. Nonetheless, for boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental imposed more than once each year shall be allowed.
4. All lessors covered by the Act can neither demand more than 1 month advance rent nor more than 2 months deposit. Said deposit shall be kept in a bank under the lessor's account name during the entire duration of the lease agreement. Any and all interest accruing from such deposit shall be returned to the lessee at the expiration of the lease contract. Forfeiture of this deposit is allowed only in specific instances such as the lessee’s failure to settle the rent, utility bills, or destruction of any house components and accessories.
5. All lessees renting in residential units covered by the Act should pay the rent on the day set in the lease agreement. In case there is no lease agreement, the lessee is obliged to pay the rent in advance within the first 5 days of every current month or the beginning of the lease agreement. Arrears in the payment of rent for a total of 3 months without any refusal on the part of the lessor to accept the payment, subjects the lessee to ejectment.
6. All lessees whose rental payments are refused by the lessors despite their existing agreement are allowed to deposit the rent by way of consignation to any of the following entities: a. court; b. the city or municipal treasurer, as the case may be; c. barangay chairman; and d) a bank. The deposit must be in the name of the lessor and he/she must be notified of such within 1 month after his/her refusal. In case said refusal continues, the lessee can continue depositing the rent in the same way within 10 days of every current month.
7. All lessees are entitled to remain in the premises regardless of the existence of a mortgage or sale of the property to a third person. A similar right exists even though either the sale or mortgage is registered.
8. All lessees are entitled to a formal notice 3 months in advance of the lessor’s legitimate need to repossess the property for his/ her own use or for the use of his/her immediate family. In case the lease is for a definite period, lessees are entitled to remain in the premises until the expiration of the lease. Meanwhile, the lessor is prohibited from leasing the unit or allowing its use by a third party for at least 1 year from the time of repossession. 

 

 

 

This is all good and dandy but the act only applies for contracts of up to P10000 in rent.

 

Check section five of the act here, http://www.congress.gov.ph/download/ra_14/RA09653.pdf

 

I have no idea if there is an act covering above P 10000 as I could not find it.