Rental Security Deposits

[Jollygoodfellow]

Well as a wise man once told me "the law is the law" ..... 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" ..... 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" .......

 

 

Mike

I assume you signed a rental contract? If so you did its because thats the best you could get as a lawful way of staying in the place and hopefully get what you agreed to as there is nothing else.

As for foreigners challenging the landlord, why would they because I would think that most people if married; the wifes name would also be on the contract or maybe entirely in her name and she is not a foreigner so she would be the one to make a challenge if things went sour in my opinion.  :)

[MikeB]

As for foreigners challenging the landlord, why would they because I would think that most people if married; the wifes name would also be on the contract or maybe entirely in her name and she is not a foreigner so she would be the one to make a challenge if things went sour in my opinion.

Whomever's name is on the lease, it is (in most cases) a very time-consuming and frustrating process to try to get legal relief in a tenant-landlord dispute. For what, to get a security deposit back? Far better to do your research and trust your instincts before you sign. It's not 100% but it's likely the best you can do.   

[Shol]

I have had experience with this. ( I know my post is late)

 

Be very aware of the landlord you are dealing with because once you pay them they will cease to help you or even talk to you sometimes.  Don't expect a lot of help in some / a lot of cases.

 

As for the deposit.... this has been a nightmare for me in two situations one was just they took like 3 months to return it and the second was the landlord gave me agood deal but then claimed all kinds of damages that really had nothing to do with me moreso the cheap furniture that got more sun damaged... but they stole about 30k from me.

 

What can I do ? Hire a lawyer ?  Right. That's going to cost more than what I ever would get back.   I wrote a facebook blog on some advice based on my experiences so will share it here if its ok :)

 

 

RENTERS BEWARE! - It's not always just a bad tenant. Tips to protect and identify a bad landlord!

When you are considering a unit for rent please consider the following as they are experience related from a variety of sources.

#1 Third Party / Photos - Make sure you bring a friend, broker, someone that is on your side when you walk over and inspect the unit. This will make sure that if there are issues or damage BEFORE you move in that you have someone to back you up. Take photos of everything especially if you are renting a fully furnished unit. DON'T assume that a little crack on the tile or some damage to a couch will be "assumed" to have already been damaged before you moved in. Anything that is noted should be included/documented in the lease and backed up with pictures. Take pictures of all furniture/damage that might be an issue after your lease is up.

Remember that the person used as a witness SHOULD be someone you trust and not someone that is in a position to make money from your potential landlord.

#2 Small Talk / Details - Make sure any planned renovations (such as mounting a TV) that EVERYTHING is discussed and potentially documented. Do not just secure permission as when you move out anything and potentially everything can be used against you to keep some or all of your deposit. Don't make the mistake of assuming positive intent no matter how nice the potential landlord seems. They want your money and before you rent it's going to be like a job interview from both parties; a lot of mumbo jumbo/crap posturing and selling techniques and you need to try to determine what you are getting yourself into. Look for red flags in the discussion and factor them into your decision. (Red flags I have observed in the past are misinformation/omissions on the unit or inclusions, unnecessary flattery towards the potential renter, racism/bias about other renters based on culture, contrived fake or inappropriate laughter)

#3 Wear and Tear - Be wary that some landlords have never rented before or just don't understand or consider wear and tear to be relevant. What this means is that you can be sure that when you move out EVERYTHING that happens in the unit even if it's not even related to the tenant will taken from your deposit. Wear and tear can be PERSPECTIVE based so do your best to analyze / identify what you are going to be dealing with so that you can do as much as possible to protect yourself. If there are ANY issues or items that come up notify the landlord immediately and get a witness and take photos.

This one is tricky as it's very hard to uncover this in the meeting / lease stage as it's best to avoid these types of landlords like the plague.

#4 Fully Furnished - I have spoken on this but I will stress to take extreme care in a unit like this and if there are items that you don't need you can ask the unit owner / landlord to remove them. The biggest issue with the fully furnished unit is that the owner has complete control over the "alleged" value of the items as well as their own idea as to what you need to do in order to "maintain" the unit. (As per #3 wear and tear) Remember if you sit in a chair a lot it's going to get worn down over the course of a year and if it's not high quality it can get damaged and YOU as the renter might have your deposit not returned. I agree / feel that one should keep the place clean and avoid any negligent damage however wear and tear on items needs to be expected however don't assume this especially in a fully furnished apartment / condo; you need to take care and be prepared.

#5 Support - Some landlords (not always the unit owners but sometimes) are awesome and will make sure that during your lease period you are well supported. However others as soon as you pay you will need to exert a tremendous amount of effort to even contact them for even the most mundane requests. Be wary of those who slip huge deductibles into the lease if there are any concerns with the unit. CHECK YOUR LEASE as sometimes you can find the most ridiculous things that will come back to bite you. (Such as an increase in the monthly condo dues will be shouldered by the LESSEE if they increase during the rental period)

Other considerations one should be prepared for during for most viewings / oculars is that there will be a lot of things that you need to check on that were either mentioned or omitted. This can be anything related to amenities such as Gym, Pool or whatever. Be prepared to clarify everything that's included and bring up things that might be important to you as once you start renting it's your problem. Imagine finding out that your pool privileges you had assumed included in your rent is not ? And now it's too late ? Always remember that during the selling phase the great/good will be highlighted and the cons will be "fine printed" or not openly discussed. Be diligent!

#6 Deposit Return - If you can prove that your unit is in good shape and you have paid all your utilities then I see no reason why your deposit cannot be refunded in 30 days or less. Be wary as some landlords will even put it in the lease to return on 60 days and sometimes it will take even longer. Be prepared to spend a lot of time and effort to get this back. Depending on the laws and where you are unfortunately you are kind of at the mercy of the landlord here as in some cases other than bad karma/word of mouth/social media there really is no repercussion from holding a deposit too long or not giving it back at all. Legal options will generally cost more than actual amount to be returned. Try to discuss this or interpret as much as you can before you rent as per #2 to help determine your risk factor here and if you should simply look for another unit.

I know this is a long read and I hope those of you that read to the end will make some use of it. I just have a really big place in my heart for people that are in the position to rent and are taken advantage of by those who are paying off their mortgage/investment so I enjoy helping.

Remember once you pay your rent the owner/landlord has ALL the power as even if you are legally right the cost of getting your money back would not even be worth it.

And last but not least a salute to all the great landlords out there who treat their tenants fairly and give them a great rental experience!

Thanks for listening!