I didn't get my deposit back on a rental in Tandayag. Saw a lawyer (near Robinsons) who advised me to go to my local courthouse (Dauin, I'd moved to Zamboanguita) and lodge a Small Claim. I did. VERY helpful court staff. Gave a printed statement of chronology, copies of emails, notes of phone conversations. Court served notice on landlord - copied to me - landlord gave the full amount owing to the Courthouse a couple of days before the scheduled hearing, where the Magistrate passed the envelope of cash to me. Process took about a month. Very impressed.
Finance & Legal Best Posts in Thread: Landlord Attorney
Page 1 of 2
-
artpepper88 DI Member Restricted Account Showcase Reviewer
-
In the Philippines judicial system the loser has to pay the lawyer/legal fees of the opposing party. If invstr were to win a case he would be rewarded damages and any legal fees.
Also, there is a RA for renting/leasing: http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/Republic Act No 9653.pdf
We don't know why the OP is looking for a lawyer. He might very well have a solid case against the landlord. It is not uncommon for expats to actually win cases when they are on the right side of the law (maybe they will have to take it up a court level or two and dedicate the better part of a decade to the case, but justice can usually be found for anyone patient enough). It's also a bit inaccurate to say that "any half decent lawyer" is just waiting for an expat to walk in to rip them off.....I'm sure there are plenty of lawyers who do that but they probably aren't on the "half decent" side of their profession.-
Thanks x 2
-
Agree x 2
-
Like x 1
Last edited: Jun 20, 2016 -
-
Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer
I had a very short session with him because his advice was so good I really did not need his services but he was recommended by other here; Michael Miguel, close to Robinson Mall in new building. . Miguel Law Office Maybe others will have more complete input here regarding him.
-
Agree x 2
-
Informative x 2
-
Like x 1
-
-
DavyL200 DI Forum Luminary ★ Global Mod ★ ★ Moderator ★ Highly Rated Poster Showcase Reviewer
Have you tried a meeting at the barangay? Usually you will be asked by the lawyer of this has happened before.
They get three chances to appear before them,if they don't bother the barangay will issue you a paper to say this has been tried and failed etc.-
Agree x 3
-
Like x 1
-
-
It seems as if you are saying it's best NOT to be a complete wanker to your landlord?
-
Agree x 3
-
Funny x 3
-
-
Unfortunately, I have heard it is very difficult to get your deposit back...they will make up stuff that needs "repair" just to keep it.
-
Agree x 3
-
-
Dave & Imp DI Forum Patron Highly Rated Poster Showcase Reviewer
Best AnswerMichael Miguel's advice was to go to Dumaguete small claims court. I never had to do it because just the threat of going to court got the results I was looking for. Of coarse a small claims court judgement still has to be collected. My situation, which he said he had heard from three other people already that week, was in getting my rental deposit back. It may be wise to have a written lease contract(I was the only one of the four who had one) and become familiar with the Dumaguete small claims court procedures.
SMALL CLAIMS - News around Dumaguete City and Negros Oriental, Philippines | The Negros Chronicle-
Thanks x 1
-
Informative x 1
-
Genius x 1
-
-
ChMacQueen DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Army
May be easier to just post your problem here to get experienced advice. In the end here there aren't really any protections here that work for tenants and going after a bad landlord is going to generally cost you a lot more than you could possibly win back assuming they even paid which is an entire different problem. Further if your a foreign and its your name on the lease their is no public attorney to help at low or free cost as foreigners must hire private. Most private attorneys I have talked to on a few issues have wanted 20-25k down to simply take up your case before other stuff adds in.
-
Agree x 2
-
Informative x 1
-
-
He's moved now - sidestreet across the road from Silliman Hospital, building on the left. About 50 - 60m from the main road.
-
Informative x 2
-
-
Attorney Rilt Dorado is no longer located next door to Bogarts. He can be found in the same building as Alima Cafe, which is located along the road next to the new 7/11 on Aldecoa Drive opposite Silliman Medical Centre. If you walk past the Alima Cafe to the end of the building, there is an alleyway and his office is signed: Geoscape Survey Services.
-
Informative x 2
-
Page 1 of 2

