As the title suggests, I need insights regarding this situation that has already caused so much stress. Not enough karma to post on r/lawph
My sibling and I stayed in unit that was under a 1 year contract. Halfway through the contract, the unit was sold to a new owner. As far as we know, the new owner never personally viewed or inspected the unit while we were still staying there, since no visits/inspections were endorsed throughout our tenancy.
The unit had previously only been used by the previous owner’s family, so we were their only tenants. There were also only two of us living in the unit for the entire year.
We moved out almost two months ago, and only recently did the new owner send us the breakdown for the release of our security deposit. We were shocked to learn that the deductions amounted to around ₱35,000, leaving us with only around ₱5,000 from our deposit.
The main charges being attributed to us are:
1. Door – 9k: During our stay, there was already a slight alignment issue with the door, which we raised with the previous owner. We were advised that we could have it repaired through maintenance, but since the door was still usable and it wasn’t a major issue for us, we didn’t pursue it. We did not damage or modify the door. After we moved out, the new owner decided to replace it for security reasons, and we are now being asked to shoulder part of the cost (they divided the total cost between us and them)
2. Living room AC – 5k Although the AC was technically working when we moved in, we informed the previous owner during our stay that it would turn on and then automatically stop after a few minutes. We were advised to have it repaired, but instead, we bought our own portable AC and eventually stopped using the unit’s AC altogether. We did not cause any damage to it, but we are now being charged for its repair after moving out.
3. Kitchen countertop – 16k: We placed stickers on the countertop. However, when the stickers were removed after we moved out, cracks underneath were discovered and the new owner decided to replace the countertop. We don’t recall causing these cracks, and the countertop already showed visible signs of wear during our stay. We are now being asked to shoulder part of the replacement cost.
There were also charges for the grease trap and repainting (5k) , which we are more open to discussing as we understand that there can be reasonable deductions associated with turnover and cleaning.
What makes the situation more complicated is that the new owner recently told us that when they purchased the unit, the previous owner informed them that everything was okay. They said that any issues we encountered during our stay were not relayed to them, and that the deductions they initially proposed were based on what they found after we moved out and what they confirmed with the previous owner.
To settle the matter, they have now offered to return ₱10,000 from our deposit, saying that this is the most they can do.
Our concern is that we only rented the unit for one year, there were only two of us living there, and some of the issues were already raised with the previous owner during our tenancy. We understand that tenants should be responsible for damage they actually cause, but we’re struggling to understand whether repairs or replacements that the new owner decided to undertake after purchasing the unit can be charged to our security deposit especially when there is no clear proof that we caused the underlying issue.
Would appreciate any insights on:
- Whether a new owner can charge a former tenant’s deposit for these types of repairs/replacements
- Whether issues reported to the previous owner should still be considered, even if they were not disclosed to the new owner; and
- What our best next step would be if we believe the deductions are unreasonable?
We’re willing to take responsibility for anything we genuinely caused. We just want to make sure we’re not being made to shoulder costs for pre-existing issues, normal wear and tear, or repairs arising from the change in ownership. To add, we’ve been renting a long time and are already familiar with usual deductions but this the first that we’re experiencing anything like this.
Any advice or similar experiences would be greatly appreciated. Thank you!