WARNING for Apartment owners. IRANIAN Tenants Disappearing without paying RENTAL

[madredrive]

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aahahhaa.. ing ana jud na sila mga maro.. mga way ayu.. baho pa jud kaayu.. no offense nila ha pero ing ana pud na hitabo sa ko amigo na a sila apartment mga wala ra ang mga iranian.. ang kuyaw ana suicide bomber nana bah.. joke bitaw ana jud na sila bantay lang mo..

[stabwounds]

bad people very bad...

[ajol]

I am not saying don't accept Iranians...

Just make your Policies and contract AIR TIGHT... with no loopholes.. and no excuses

[SPRINGFIELD_XD_40]

REPLY:
For the second time: A photocopy is only good for identification, it can not be used or security. The law does not allow us to require the holding of passports, but it does allow for a passport to be used for security... by which "only in cases were it shall be upon willful and voluntary presentation of said security by the owners own volition" shall an original be required... if the tenant is not willing to cooperate upon indication of financial difficulties... you may remove him from the premises. (AWS vs. Karima R.l 2001)

Indeed thats what LANDLORDS need , IDENTIFICATION and by its definition , any form of IDENTIFICATION that was issued in the PHILIPPINES . Now when we as LANDLORDS require to see and verify IDENTITIES through PASSPORTS . Voluntary or not lage part di ka pwede mo hold ug ORIGINAL DOCUMENT . Kana imo gipasabot is kung di sila mo bayad ug renta , pangayu-on niom ang passport and if they only voluntary surrender it to you , do you really think i hatag na nila ? Hehehe ...

This same leeway provided by the law also applies for a traffic investigator to hold a drivers license of a driver involved in a traffic accident without issuance of a TOP (temporary operator's permit) wherein victim may be unable to relate the facts due to hospitalization.
(Delos Reyes vs. GLS 2006)

You can only voluntarily surrender it also , heck I never surrender my DL to nobody , give me the ticket instead .

Furthermore, it is NOT ILLEGAL (Look it up) if a passport would be voluntarily used as a security... key word being voluntary. One may not take security unless by approved legal action ... but one may accept if it is presented. (Civil code covering matters of security - Alfredo Vs. VRL INC. 1994)

Ga tuyok tuyok man nuon ta ani part , as a LANDLORD and talking about REQUIREMENTS for IDENTIFICATION , imohang argument na VOLUNTARY is out of the picture lage .

I believe you are referring to the reason why Overseas Filipino Workers (God Bless Them) may sometimes be required to hand over their passports at their places of employment to avoid skipping their contracts - Now that is illegal, and is a different issue.

That is totally a different issue and has nothing to do with what I am talking about .

REPLY:
Yeah, not all of them are bad. There are always exceptions. In this case I believe ajol was trying to be a good host... even trusting his tenant to pay with only his word as collateral... and he got screwed in he end. (I hate it when bad things happen to good people). So he's just venting out his experience.

He should be talking about the person ( EX TENANT ) as an INDIVIDUAL and not by his NATIONALITY .

REPLY:
One could do that but it might be expensive and time consuming for short time tenants. Here's what we did: Sub meter the area for leasing, indicate last reading before occupation and note on contract. It follows Electric ***** Water ***** Aircon ****. Have an ocular inspection with tenant to view meter readings before occupation and testing , tenant will be informed that this will be the basis for his meter readings. After that just bill him separately at the prevailing rates of what he consumes.

Unless you are a LANDLORD of MOTELS / INNS and PENSION HOUSES yes , but as APARTMENT / HOUSE LANDLORDS ... it will never be a SHORT TERM for tenants because there is at least a minimum of 1 year contract otherwise kung mas mubo pa ana then it is not a good system .

It becomes problematic if the utility is under a tenants name... It requires supporting documentation of ownership... and once installed it cannot be removed without their consent. So if the tenant can not pay the rent, they're not worried, they have lights and water anyway, and if they do move out, they must issue an SPA or authorization to you so you can remove their names from the utility, that is if they volunteer.

Heard of the word EVICTION NOTICE ? WHy the heck would you need an SPA when its only them that is concern ? Your only concern is to kick them out after the notice ?

This is more due to the humanitarian nature imposed by the law to provide a grace period after of which only then will you be allowed to eject a tenant whose utilities are under his name.

In our case, they cease to become a tenant the moment they fail to settle their obligation and they can be labeled as trespassers and can be ejected immediately.

The papers they will be signing during the signing of the terms and conditions will over ride it . As long as a specify there the grace period which is generous enough for them to recuperate .

Thats why before renting out , SCREEN prospective tenants through background checks . Do you really think sala sa tenants ngano gi dawat sila sa landlord ? Hehehe ... bai ive been in the business for the last 13 years in Cebu and 2 years in the US na mas labawng abusado ang tenant because of the law that protects them from landlords .

@AJOL....

Before I generalized....

I went to ZOSA apartments...

I went to EMTER buildings(not just one EMTER building I went practically to 3 EMTER buildings)

They all said the same thing... Iranians are a headache... I even asked and learned from them the modus operandi... which is very similar to what happened to me... But it was too late... I should have asked them EARLIER....

Accounts could possibly be from word of MOUTH just like what you said here using the word IRANIANS . Heck Ive had more headaches on fellow FILIPINO'S na tenants compared to my Korean , Aussie , Brit , American etc tenants before though I never had the chance of having an Iranian tenant .

So AM I GENERALIZING? not really.......

Yes , it is not justified because ikaw ra man naay reklamo sa usa ka INDIVIDUAL , the others are not documented or say dungog dungog lang sama sa uban na landlords diri sa forums unya maka-ingon na dili ko magpa rent basta IRANIAN kay maoy sulti ni AJOL .

LASTLY I went to the DEAN of the college of DENTISTRY in Cebu Doctor's University...

She wasn't surprised AT ALL.... She knows about this kind of problem which happened to previous IRANIAN students also...

THE DEAN even advised me that I SHOULD have come earlier before the transcript of records was released... She would have withheld the TOR and diploma until the IRANIAN pays me...

Murag salida na Pinoy noh ? ANg pulis ulahi gyud mo abot tsk tsk tsk . How can 1 DEAN knows such activity when in fact she is in school rather than being in the apartments ? Because sama saka AJOL ni reklamo ? Hehehe ....

I thanked her for that but I said its probably too late.... the DEAN even said she will call the attention of all her Iranian students and warn them.... Which I also appreciated... they could get hurt if they did this to people with a hot temper...

LMFAO !!! Did you know what happened to SEN MERIEM DEFENSOR SANTIAGO when she said that CORRUPTION was invented by the CHINESE ?

SO am I generalizing?

DEFINITELY !!

You can ask those places which have multi-unit apartment complexes....
You can ask Cebu Doctor's University.....

I can stick to just asking other LANDLORDS , the school is far fetch , what would they know anyways ?

I must admit my policy was a bit lax... But not ANYMORE..... Thanks to Saber for the INPUTS...

POLICIES doesnt have to be STRIC or RELAX , as long as you know what you are doing and the LEVERAGE you apply , everything will be fine . Imoha na ang property , family or diha lang ka ga trabaho ??

[cebu-future]

I really THINK it is illegal nga ikaw kupot sa passport sa usa ka foreigner. If you are a landlord, you can always make rules, like 3-6 months deposit and 3-6 months advance blah blah blah. But holding the passports of your foreign tenants? That's not legal in the Philippines.

[ajol]

The school would know... Knowing they are studying here..... COMMON SENSE will tell you to go the school... and ask the person's whereabouts.


Who will you talk to of course the dean of that particular college.... in my case the dean of the college of dentistry.....

Because other landlords went to the school looking for the Iranian tenants who also left without a trace.... as what the dean said... not all of their Iranian student... but if you gather all nationality.. she said its the iranians who do it more...



School is far fetch Yah right...

Where else would I go.... DUHHH!!!! SM city or Ayala... BID perhaps... one even offered to help me black list this IRANIAN in the BID...

Where should I have gone first on the Following day they LEFT and Disappeared I'm wondering duhhhhh!!!!

Don't go to the school as SpringfieldXD40 says... Far Fetch... why are they here in the first place I DUNNO... all I know is that they are in Cebu Doctor's University... I shouldn't go there and look for this person and ask information..... SO FAR FETCH...

FYI.. The DEAN was accommodating... I didn't ask for with holding the DIPLOMA or TOR.. she offered it.... who AM I to demand for that... I only went there to know if that person was still in school for summer class.... and narrate to the dean what had happened... I didn't ask for anything except for information...

FAR FETCH to go to SCHOOL!!!!! give me a break... LIKE A MOVIE!!!! need more comments are you stressed out

You probably don't know Zosa Apartments and Emter building... GO CHECK THEM OUT first....

Well I know them very well... you can drop by their office sometime...

[SPRINGFIELD_XD_40]

The school would know... Knowing they are studying here..... COMMON SENSE will tell you to go the school... and ask the person's whereabouts.

Who will you talk to of course the dean of that particular college.... in my case the dean of the college of dentistry.....

Because other landlords went to the school looking for the Iranian tenants who also left without a trace.... as what the dean said... not all of their Iranian student... but if you gather all nationality.. she said its the iranians who do it more...

WHo will I talk to ? REFERENCES , period . That is if I am really a LANDLORD who knows what I am doing lolz . Kung usa ka tao mag binuang , dili sila ingon ana ka BOGO na such actions will lead them to trouble sa ilahang kaugalingon pagka gisa sa mantika ra nila . If they did something stupid involving the financial responsiblities , kabalo sila na school ang next move because knowing they are STUDENTS here in the Cebu .

Point number 2 .... kung di diay sila STUDENTS ? Hehehe .... sa SCHOOL gihapon ka mangita nila ? When I said the SCHOOL is FAR FETCH ... sabta ug tarong ... I said it regarding sa DEAN na kastorya nimo , they cant do nothing about it . They can talk to them but arrange something for you , that is FAR FETCH . Natural they can be singled out kay IRANIANS sila or for that matter any FOREIGNERS , unya ug BISDAK ang EX TENANT nimo ?

School is far fetch Yah right...

Ug businessman ang IRANIAN matud nimo aw EX TENANT ?

Where else would I go.... DUHHH!!!! SM city or Ayala... BID perhaps... one even offered to help me black list this IRANIAN in the BID...

LMFAO !! Really ? Ila ila ko ana beh and I will confirm what you said here .

Where should I have gone first on the Following day they LEFT and Disappeared I'm wondering duhhhhh!!!!

Ateh ... actually , you dont have to go anywhere !!!! Thats why you have their ADVANCE RENT and SECURITY DEPOSIT right ? DUH !!

Don't go to the school as SpringfieldXD40 says... Far Fetch... why are they here in the first place I DUNNO... all I know is that they are in Cebu Doctor's University... I shouldn't go there and look for this person and ask information..... SO FAR FETCH...

LOLZ .... tuga tuga man diay ka pa rent unya di man diay ka kamao sa gibuhat nimo .

FYI.. The DEAN was accommodating... I didn't ask for with holding the DIPLOMA or TOR.. she offered it.... who AM I to demand for that... I only went there to know if that person was still in school for summer class.... and narrate to the dean what had happened... I didn't ask for anything except for information...

Did you even know what she did is ILLEGAL ? Wanna bet ? Unless there would be another JANJAN sa issue na PRIVACY ACT .

FAR FETCH to go to SCHOOL!!!!! give me a break... LIKE A MOVIE!!!! need more comments are you stressed out

I think its you who are STRESSED OUT , ika wman gani KAPULIKI ug PANGAMPANYA diri LMFAO !! Or di lang ka kamao mo handle and control sa TENANTS nimo ?

You probably don't know Zosa Apartments and Emter building... GO CHECK THEM OUT first....

Actually sa side sa ako wife mga parente na niya composing of the realty estates of ZOSA , MERCADO and QUISUMBING . Hehehehe so I guess I might have not known them but definitely Ive met them but not in the BUISNESS side of this world .

Well I know them very well... you can drop by their office sometime...

Unsay labot ? Unsay koneksyon ? Hahaha !!

BTW curious lang ko , basin naa ka sa leasing nag work nila ?

[ajol]

Puros ra man diay KUNG.....

Its already mentioned that it was an IRANIAN student... PUROS lang diay ta KUNG ani......

Kung businessman, kung fisherman, kung postman, kung bisdak......

sus abot napud ta ni JANJAN..... anyways the DEAN offered it... The IRANIAN can sue me... so I can counter SUE..... but in any case I ONLY ASKED for the WHEREABOUTS... thats all...

Well sometimes in the interest of being hospitable... I already said... the IRANIAN requested that he used the deposit to pay for the rental... So I agreed.... Consuming the 2 months deposit... but the IRANIAN stayed one month more....

That's why I SAID I will be strict with policies........


Aw parente diay sa imo wife.... PANGUTANA didto... if what I AM saying is not TRUE.... naa ra man diay na.... go to their office.....

unsay labot Knowing them that they are in this business for so long.... Would I doubt what they said about IRANIAN tenants?

That is why go to their office and ask also.... ABOUT IRANIAN tenants that they previously had.......

Stress na kaayo ka Puros manka KUNG mao na, KUng mao ni.....

Anyways the policy is in place...... Na Puliki ko not really.... ikaw?

anyways.... Its for any concerned apartment owner to decide what action they will take...

This is a WARNING.... Timingan lang siguro ko.... Hinuon Bilog ang mundo... pero sa wa pa naka sulay... PAGBANTAY nalang

[saber]

@Springfield XD40
-Indeed thats what LANDLORDS need , IDENTIFICATION and by its definition , any form of IDENTIFICATION that was issued in the PHILIPPINES . Now when we as LANDLORDS require to see and verify IDENTITIES through PASSPORTS . Voluntary or not lage part di ka pwede mo hold ug ORIGINAL DOCUMENT . Kana imo gipasabot is kung di sila mo bayad ug renta , pangayu-on niom ang passport and if they only voluntary surrender it to you , do you really think i hatag na nila ? Hehehe ...


That's what I meant (from the very beginning - I was thinking if people actually go it), if they start having financial difficulties you use it as security, if they won't cooperate then we evict them.



-This same leeway provided by the law also applies for a traffic investigator to hold a drivers license of a driver involved in a traffic accident without issuance of a TOP (temporary operator's permit) wherein victim may be unable to relate the facts due to hospitalization.
(Delos Reyes vs. GLS 2006)

You can only voluntarily surrender it also , heck I never surrender my DL to nobody , give me the ticket instead .

Reply
In this case, it is NOT VOLUNTARY, the requirement for you to present said drivers license is not negotiable... you will not be issued a ticket if you prefer, but the vehicle can be impounded instead and charges filed to driver. A vehicle or driver involved in a traffic accident that involves injuries to a second party can not simply be issued a ticket. The prospect of either volunteering to give your license or not has no bearing, the traffic investigator can simply use his police power and he will get the license either way.... with or without your cooperation.

And if you do decide to try this, the traffic officer can pick anyone of the charges:

*Resisting arrest (I'm not giving it)
*Failure to carry a drivers license (I have it, just not now)
*Obstruction of Justice (Willful withholding - I don't know where it is)
*Impeding a person of authority from performing his duty (No, Just give me a ticket) this charge differs if it is a traffic investigator, traffic enforcer, civilian deputized agent or traffic police - traffic police (Uniformed police officers from traffic command) can have the car impounded outright if you give them this reason, when in an accident.

and that's not all of it, not including all the other things he can do to the vehicle.


-Furthermore, it is NOT ILLEGAL (Look it up) if a passport would be voluntarily used as a security... key word being voluntary. One may not take security unless by approved legal action ... but one may accept if it is presented. (Civil code covering matters of security - Alfredo Vs. VRL INC. 1994)

Ga tuyok tuyok man nuon ta ani part , as a LANDLORD and talking about REQUIREMENTS for IDENTIFICATION , imohang argument na VOLUNTARY is out of the picture lage .

Reply:
This is a supplementary note on the question if it is legal to hold an original document as security. At this point, it is already beyond the matter of identification and the question this quote answers is if it was legal to use a passport for security.



-One could do that but it might be expensive and time consuming for short time tenants. Here's what we did: Sub meter the area for leasing, indicate last reading before occupation and note on contract. It follows Electric ***** Water ***** Aircon ****. Have an ocular inspection with tenant to view meter readings before occupation and testing , tenant will be informed that this will be the basis for his meter readings. After that just bill him separately at the prevailing rates of what he consumes.

Unless you are a LANDLORD of MOTELS / INNS and PENSION HOUSES yes , but as APARTMENT / HOUSE LANDLORDS ... it will never be a SHORT TERM for tenants because there is at least a minimum of 1 year contract otherwise kung mas mubo pa ana then it is not a good system .

Reply:
Yeah, apartments and houses are to be under their names, unless they have short time... for us we even have 3 months for houses and apartments... foreigners.


-It becomes problematic if the utility is under a tenants name... It requires supporting documentation of ownership... and once installed it cannot be removed without their consent. So if the tenant can not pay the rent, they're not worried, they have lights and water anyway, and if they do move out, they must issue an SPA or authorization to you so you can remove their names from the utility, that is if they volunteer.

Heard of the word EVICTION NOTICE ? WHy the heck would you need an SPA when its only them that is concern ? Your only concern is to kick them out after the notice ?

Reply:
It becomes a problem for the next tenant since you can not replace the name of the utility with out the consent of the owner... the one you evicted. And an eviction notice may sound good but if they challenge that, you can bet on another set of grace periods. I was talking about immediate, and it can't be done... legally that is.




-This is more due to the humanitarian nature imposed by the law to provide a grace period after of which only then will you be allowed to eject a tenant whose utilities are under his name.In our case, they cease to become a tenant the moment they fail to settle their obligation and they can be labeled as trespassers and can be ejected immediately.

The papers they will be signing during the signing of the terms and conditions will over ride it. As long as a specify there the grace period which is generous enough for them to recuperate .


Reply:
The term "will over ride it" used here is an overrated and somewhat erroneous assumption made on this matter. The point made was on the definition of tenant and on a matter of immediate eviction which is not possible since the proof presented involved a recognition that the leasee is indeed a tenant (Check civil code legal definition - one will be surprised what a tenant's rights are). There would be no overriding it, the more simple way of saying it would've been... "that said party failed to perform obligations as stipulated in contract" and that's a very different issue when one simply assumes that the terms will override it.


-Thats why before renting out , SCREEN prospective tenants through background checks . Do you really think sala sa tenants ngano gi dawat sila sa landlord ? Hehehe ... bai ive been in the business for the last 13 years in Cebu and 2 years in the US na mas labawng abusado ang tenant because of the law that protects them from landlords .

Reply:
But screening and background checks can only go so far and they're not exactly foolproof... not to mention a thorough one would be expensive.

If I state my experience (including tenure as section head and deputy administrative officer - real estate company) on these matters, it would be about three (3) of you combined, so please, your 15 years is admirable but make your points noted. We wouldn't want anyone here saying "Yeah I been in the business since Magsaysay was president and yadda yadda yadda.

I'm up for the little guy here... the one who got hurt... and I refuse to believe it was his fault simply because he was too considerate and accommodating to think that his tenant was up to no good. We're landlords people, we don;t have crystal balls.

Sigh, I miss the times when things like this could be discussed over a cold beer and looking for solutions instead of faulting one another.

[ajol]

To saber.... thanks for the inputs...

and don't worry about this person springfield....
IT's ALL HIS PRESUMPTIONS HE always thinks about...... Pulos KUNG, KUNG, KUNG....

anyways
This is For everyone to see.... They will be responsible for their actions....
This is a WARNING...

It happened to ME( not just a presumption)
I also know the apartments where it has happened also... (certainly not a presumption)

Walay Mahay