Things To Be Aware Of In Rental Contracts

[Curley]

Hi All, I've found the house I want to rent in Davao and intend to sign up for one year initially, anything that I should be aware of? Anything that is different here to the UK? The owner is asking for one month in advance and two months security which I believe is the norm.

[brock]

Just make sure you dont pay him any rent for the last 3 months, because you will have trouble getting any of it back.

Also find out if you are responsible if the roof blows off in a hurricane, You understand what I mean.

[MikeB]

Hi All, I've found the house I want to rent in Davao and intend to sign up for one year initially, anything that I should be aware of? Anything that is different here to the UK? The owner is asking for one month in advance and two months security which I believe is the norm.

I wouldn't know about the UK but I've rented a couple of apts and a house in the Philippines and they have all asked for 1st month, last month, and security deposit (equal to 1 month). For rental of a house, especially furnished, I don't think 2 months sec deposit is unreasonable. You could do that much damage in less then 10 minutes.

[Curley]

It is furnished very nicely with expensive equipment including a full gym, the 80,000 security deposit will not cover anything like the value of the furnishings. The house has a state of the art burglar system but who is responsible if someone broke in and stole the furnishings?

[Mike S]

I posted this else where when the topic came up about if you would get your deposit back when you leave ..... most of it applies to the OP's question

It all depends on the contract you signed some landlords have written that you pay one month advance and 2 months security deposit (both place we have lived has it that way) the security deposit is used to renovate the apartment after you vacate and the rest is returned to you .... again your contract will state when this money is to be returned ..... the first apartment was 90 days the one we have now is 30 days ..... there is no such thing here (at least in our experience) as normal wear and tear ..... you will have to pay for any patching painting and other repairs to the apartment or house ...... and cleaning no matter how clean you leave the place ......

Our first move was a move form hell and a very hard lesson to be learned ...... I patched all the holes and my asawa cleaned the entire place cleaner than when we moved in ...... but we were still charged for these duties ..... and the fact it took 5 guys 6 days to paint and clean a 2 bedroom apartment of 38sq. meters ..... cost for all this was p12,800 or more than 1 full months rent ...... of p10,000 ......

Make sure your landlord knows you are going to use the last 2 months security deposit as your final 2 months because like our contract states if you are 1 month behind in your rent you will be evicted and you deposits forfeited ...... and believe me if you have to go to court because your landlord locked you out of your apartment and holds your stuff for ransom you will loose ...... this is the Philippines and not like where you came from where there are laws protecting the renter ...... here they are all in favor of the owner ...... where we used to live the owner nailed a 4x8 sheet of 1 in. plywood over the door of a tenant who was behind in his rent ...... I remember it well as it was right next door to us and the pounding woke me up at 2:00am ..... when I went out to see what was going on the owner said "this is what happens when you don't pay your rent" ...... the guy had to come up with 3 months rent and had 30days to get out .....

Rent here is iffy at best .... while it is cheap the owner is not responsible for any thing that happens to your stuff ..... if the apartment above you leaks and the ceiling falls down in your apartment that is your problem ..... he will fix the ceiling but as far as your stuff that was damaged you are SOL ....... it is definitely a new and not so exciting experience renting here in the Philippines ......... IMHO

Edited July 6, 2012 by Mike S

[MikeB]

The house has a state of the art burglar system but who is responsible if someone broke in and stole the furnishings?

Unless there is negligence on your part (like letting in a phony cable guy who has no company ID) I can't see how you could be held responsible; a forced break-in, definitely not. But since there's valuable property I would have it written into the lease.

[Curley]

The house has a state of the art burglar system but who is responsible if someone broke in and stole the furnishings?

Unless there is negligence on your part (like letting in a phony cable guy who has no company ID) I can't see how you could be held responsible; a forced break-in, definitely not. But since there's valuable property I would have it written into the lease.

I think you are trying to apply logic here Mike................

[Curley]

I posted this else where when the topic came up about if you would get your deposit back when you leave ..... most of it applies to the OP's question

It all depends on the contract you signed some landlords have written that you pay one month advance and 2 months security deposit (both place we have lived has it that way) the security deposit is used to renovate the apartment after you vacate and the rest is returned to you .... again your contract will state when this money is to be returned ..... the first apartment was 90 days the one we have now is 30 days ..... there is no such thing here (at least in our experience) as normal wear and tear ..... you will have to pay for any patching painting and other repairs to the apartment or house ...... and cleaning no matter how clean you leave the place ......

Our first move was a move form hell and a very hard lesson to be learned ...... I patched all the holes and my asawa cleaned the entire place cleaner than when we moved in ...... but we were still charged for these duties ..... and the fact it took 5 guys 6 days to paint and clean a 2 bedroom apartment of 38sq. meters ..... cost for all this was p12,800 or more than 1 full months rent ...... of p10,000 ......

Make sure your landlord knows you are going to use the last 2 months security deposit as your final 2 months because like our contract states if you are 1 month behind in your rent you will be evicted and you deposits forfeited ...... and believe me if you have to go to court because your landlord locked you out of your apartment and holds your stuff for ransom you will loose ...... this is the Philippines and not like where you came from where there are laws protecting the renter ...... here they are all in favor of the owner ...... where we used to live the owner nailed a 4x8 sheet of 1 in. plywood over the door of a tenant who was behind in his rent ...... I remember it well as it was right next door to us and the pounding woke me up at 2:00am ..... when I went out to see what was going on the owner said "this is what happens when you don't pay your rent" ...... the guy had to come up with 3 months rent and had 30days to get out .....

Rent here is iffy at best .... while it is cheap the owner is not responsible for any thing that happens to your stuff ..... if the apartment above you leaks and the ceiling falls down in your apartment that is your problem ..... he will fix the ceiling but as far as your stuff that was damaged you are SOL ....... it is definitely a new and not so exciting experience renting here in the Philippines ......... IMHO

I have a feeling that it may be better to assume the worst and expect to not get the deposit back :no:

[Call me bubba]

Our first move was a move form hell and a very hard lesson to be learned ......

I patched all the holes and my asawa cleaned the entire place cleaner than when we moved in ...... but we were still charged for these duties .

do you think.. that if you had taken before move-in and move-out photos that this would have helped?

my suggestion to those who would be renting is to TAKE photos of the condition of move-in, then move-out, a memory chip is under 200p?,

look at the possible savings or less misunderstandings when you do decide to move out.

I have done this when I have moved in, usually w/the landlord present, and i have gotten my deposit back in full or within 95% , as it was my fault for not"fixxing"

this or that item(some mickey mouse item)

. and believe me if you have to go to court because your landlord locked you out of your apartment and holds your stuff for ransom you will loose ......

this is the Philippines and not like where you came from where there are laws protecting the renter ...... here they are all in favor of the owner ......

where we used to live the owner nailed a 4x8 sheet of 1 in. plywood over the door of a tenant who was behind in his rent ...... I remember it well as it was right next door to us and the pounding woke me up at 2:00am ..... when I went out to see what was going on the owner said "this is what happens when you don't pay your rent" ...

thank you Mike for your helpful post, I TOTALLY AGREE that we (US) could lose against the landlord.

As i have posted before & I will till the day I leave this FORUM,

Is knowledge of the rules& laws are important for all of US.

thats why I have said ,suggested

to buy a LEGAL LAW Book of the civil & family code,

the book I have& used is

"CIVIL CODE of the philippines" republic act #386 and the FAMILY CODE"

by central book supply in Quezon city,

I have this not to be a SMART A :1927_: .only to be aware of what my rights,privileges are being a "guest" in this country, To hopefully protect my "limited" rights that I process here,

I have NO BIG friends in high places to protect me if I am in the wrong unlike some of the others here in this forum. thats another reason I have this, would this be "right" for you or others?

frankly I cant answer only that it cant hurt to have knowledge of what your "rental rights", property rights & other rules that are made to protect the "citizens" or residents here .

about rental rights . I will refer to the DEAR PAO for her advice on this topic

Tenant’s failure to pay rent for 3 months a ground for ejectment

Dear PAO,

What can we do to evict the persons renting our house in Cavite? Our lessees have not been paying their rent for two years now. They are also accepting boarders to live in the house without our permission. I hope you can help me with our concern.

Amy

Dear Amy,

The law applicable to your problem is Republic Act (R.A.) No. 9653 or the Rent Control Act of 2009. It was enacted primarily to protect the tenants in the lower income brackets and other beneficiaries against unreasonable rent increases. However, this law also provides for remedies for lessors in case their lessees default in the payment of rents and make other violations of their lease agreement.

Section 9 of RA No. 9653 enumerates the different grounds when tenants or lessees may be judicially ejected. Among these are subleasing of the leased premises and arrears in payment of rental, to wit:

“SEC. 9. Grounds for Judicial Ejectment. –

Ejectment shall be allowed on the following grounds:

(a) Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor;

(b) Arrears in payment of rent for a total of three (3) months:

Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment.

The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;

xxx”

Clearly, the act of your tenants in accepting boarders to live in your house without your permission and their failure to pay their rent for two (2) years are grounds for judicial ejectment. To be able to evict your tenants from your house, you may initially give them a demand letter to vacate.

You may also ask the assistance of the barangay officials in your barangay to set a schedule for a mediation conference where you and your tenants may have the opportunity to settle your problems without the need of going to court.

However, if these proved futile, you may file a petition for judicial ejectment against your tenants before the Municipal Trial Court of the place where your apartment is situated (Section 1, Rule 4, Rules of Court).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

http://www.manilatim...d-for-ejectment

i hope that this is helpful . bubba has spoken

Edited July 6, 2012 by Call me Bubba

[brock]

Part of our roof came off, I had to pay...lived their 7 years never behind with the rent once, made home improvements, and still the landlord tried to fiddle me out of my deposit,

Also you cant get kicked out being only one month behind with your rent, and no increase of rent of more than 10% per year.