1 month advance and 2 months deposit ??

**shiela1234** · April 8th, 2011 12:04 PM

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.

**hondaboot** · April 8th, 2011 06:39 PM

ang compli naman nyan basahin. basta ako hindi nagbayad ng 2 months including electricity and cusa and other dues, sina-btruct lang nila sa 6 months deposit ko, tapos yun difference, inissue-han ako ng tseke

it's simple math imho

**Boy Torotot** · April 13th, 2011 11:39 PM

Deposit should really be for any unpaid dues or damages, it is not usually used for rent. Depende na lang sa usapan, favor yan sa inyo pag pinayagan ng lessor.
Pagkakamali lang ng lessor to sign, but can you use that as basis for legal claim? Pwede siguro, pero hassle and gastos pa yan na will probably amount more than 1 month's rent.
Lessor can inspect the unit on or before May 4, syempre schedule nyo yan kung kelan pero ideally before moving out.
Concern kasi ng lessor, baka ang dues and repairs na maiiwan nyo ay more than your deposit, so talo sya pag ganun. You'll have to pay the rent ng May 5 to June 4 if the lessor doesn't agree na pwede nyo gamitin deposit. Anyway, ibabalik din naman yong deposit nyo after a month or so pag na-deduct na lahat unpaid dues/repairs.

So i suggest to just pay the damn lessor the rent for next month and avoid the stress of having to deal with him sa neighborhood(eskandalo pa), sa baranggay or sa korte. Kakahiya pa yan. Anyway, mukhang fair naman e. Pumirma nga lang sya, but then that's another can of worms to open if you bring him to the baranggay or korte.

**mact_tors** · April 14th, 2011 12:17 AM

Originally Posted by hondaboot

ang compli naman nyan basahin. basta ako hindi nagbayad ng 2 months including electricity and cusa and other dues, sina-btruct lang nila sa 6 months deposit ko, tapos yun difference, inissue-han ako ng tseke

it's simple math imho

The lady is asking for advice/opinions! hindi kung anuman ginawa mo sa buhay mo!

**ghosthunter** · April 14th, 2011 12:34 AM

Originally Posted by shiela1234

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.

Given that you have no valid rental contract, it would be difficult to have anything legal against the landlord.

Anyway, for the 1 month advance, generally it should be consumed at the last month of rent for the unit (or before the expiration of the rental contact), unless stipulated in the contract of lease that the advance is for the first month of rental.

The signed notice that you would be moving out can be used against the landlord from requiring you to pay given that there is clear proof that all previous months of rental was paid up in full. This could be a document stating the cheque numbers, amounts paid and dates with the landlord's signature that he has indeed received the cheques. The cancelled cheques can be used as further proof that the landlord has indeed received the amount due to him.

As for the landlord insisting inspection of the premises, this would be in the contract. If it's written that the landlord reserves the right to inspect the premisses at anytime, he has the right. The best you can do is let his inspect the place, and promise him you will have the place back in "condition" by the date you move out. On the move out date, you will ask him to inspect the premises again and let him note the areas that was "promised" to be back in condition during his last inspection.

Assuming your last paid month is April 05 to May 04, you should have another month (May 05 to June 04) because you still have your one month advance (unless this one month was already consumed as your first month of rental). You have to clarify this based on your original contact of lease.

**oliver1013** · April 14th, 2011 12:55 AM

As a Lessor myself, ganito lang yan. I also charge 1 month advance and 2 months deposit. Kahit pag balibaligtarin mo yan, ang kuwenta diyan ay hanggang sa katapusan ng kontrata mo kung ilang buwan ka nanirahan o gumamit ng unit ganun din ang dami ng binayad mong upa. Example umupa ka april 2011, one month advance, 2 months deposit, sa Mayo bayad ka uli, so on and so forth, pag dating nga April 2012, last month mo na, pwede ka na wag mag bayad (assuming di ka na mag eextend)kasi ginamit mo na yung 1 month advance mo, 12 months ka gumamit ng unit so 12 months din ang binayad mo.

As for the Deposit, pondo ng lessor yan para sa mga unpaid bills mo or damages na nagawa mo sa unit. Di pwede gamitin yan as rent. Pano naman ang lessor kung iniwan mo ang unit na may unpaid bills pa sa merlaco at Nawasa? Dun iaawas yan. Pano kung yung mga pader puro butas, mga gripo puro sira, mga ilaw puro pundi o basag. Samantalang nung makuha mo yung unit e puro gumagana lahat. Dun yung ibabawas sa Deposit mo. Kahit pa pangakuan mo yung lessor na papagawa mo yan bago ka sumibat di mo mai aalis na inspeksiyunin niya yung pag aari niya, malay ba niya kung takasan mo. Now if after you've left the premises and no unpaid bills or any expenses comes up, your Deposit should be refunded. Ako I wait for 2 months before I give any refunds.

Just being frank here no intention to be rude.

**roninblade** · April 14th, 2011 07:37 AM

even if you have a signed document saying the deposit can be used for rent, are you willing to invest your time (and money) to go through the trouble and stress of settling this legally?

i understand you may be a little strapped for cash since you're moving to a new house. pag hindi naman necessity just put some of those plans on hold for a month or two until you get enough money for it. if you want to stay in your current place another month then pay for another month.

you guys should let the owner in and inspect the place, it is still his/her property after all. explain nyo nalang that you'll be repairing any damage he sees before you move out, and that he should do another inspection then.