Some landlords are great. They greet you good morning, they make sure that the house that you’re staying in is in good condition, and they sometimes give you food when they’re celebrating an occasion. But often times, landlords can be pesky. They give you rude comments when you’re a bit late to your rent deadline, they play loud music in the wee hours of the morning. Or worst of all: they don’t give your security deposit back.
Security deposit is the money that you give to your landlord before you move in to his or her property. This fund is used in any case that the tenant has done damage on the property during his stay. If the tenant did not do any damage then he or she has the right to get it back from the landlord. Security deposit guarantees the landlord that the tenant will maintain the property’s good condition until the last day of his stay.
But what if your landlord is trying to rip you off and plans on not giving your security deposit even though you’ve been an A+ tenant? How will you be able to get it back? Here are the steps that you should do to stop whatever heinous thing your landlord is trying to do – and to secure your security deposit back to your wallet.
Step 1: Review your lease
Review the house’s lease and try to figure out if you have violated any rule that has been stipulated in it. Also, make sure that the agreement states that your landlord received the security deposit and also mentions the amount that you have paid.
It’s most common in the Philippines to not to have a written agreement when it comes to renting, especially to those who opted for bed space. If this is the case, then you’ll have to remember what you and the landlord talked about. Or better yet, scour your cabinets for the receipt of your security deposit. Also make sure that you have paid rent every month. Look for the receipts in case the landlord checks.
Another thing to remember is the amount of time that you have spent there. Some contracts include this factor and it can cause you your security deposit if it’s not followed. If you and the landlord agreed that you will stay in the property for a year and you failed to do this, then the landlord has a right to claim your deposit.
Step 2: Clean up
Make sure that the property is in good shape before you move out. A messed-up looking property will only cause your landlord to deduct more on your security deposit or to completely not give it back to you. Check if the light bulbs, water pipes, and other utilities are working well. Take photos of the property after you cleaned it up just in case the landlord accuses you of false damages that didn’t really happen under your stay.
Landlords shouldn’t use the security deposit for the restoration of the house. Your deposit shouldn’t cover ordinary wear and tear of the house. Here are some parts of the house that needs to be cleaned up that the landlord should be fully responsible of:
- Faded paint in the wall
- Tacks or nails on the wall
- Black spots on the bathroom mirror
- Clogged toilet
- Stain on figurines or procelains
Step 3: Ask for a letter
If you’re a tenant of  big properties like condominiums, office spaces, and townhouses then ask your landlord to give you a report of the property and how much he or she will deduct. This is a way to know what he decides to deduct and fire back in case he listed a damage that never really happened. This list is also vital if this situation goes to court.
Step 4: Know your rights
Always remember that your landlord cannot keep your security deposit away from you. Remind your landlord that it is your right to get your security deposit back. The landlord has 30 days to give back your deposit. If he doesn’t plan on giving it back, he must send you a letter that states the damages that you have done that have caused the deduction. If he fails to do this for 30 days you have a stronger right to claim your security deposit back.
If he doesn’t quiver, then you might as well call your lawyer. It can get ugly, but it is the only way.
Your ultimate weapon against a pesky landlord is being informed. Do your research or talk to someone who is an expert in this. If you have any questions related to renting or real estate laws, then don’t hesitate to contact Persquare, the leading real estate portal in the Philippines. We will be happy to help you!
Image source: http://www.persquare.com.ph/for-sale/condominium-ncr-metro-manila-pasig/the-sandstone-at-portico-condo-for-sale_1720a0851ac697d847d449e1146712d582b7f41 – Alveo Land
