WARNING for Apartment owners. IRANIAN Tenants Disappearing without paying RENTAL

[saber]

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To Cebu-Future

So … Ever tried working in the hospitality, accommodation or housing industry? Seems not likely, and if you did, seems you didn’t learn much. And you’ve never traveled outside the country neither? Or at least only done that once or twice? I’m betting never.

Let me shed some light on the matter why in some cases we require the passport – original and not a photocopy.

In my line of work, I rent out not just rooms… I have also rented out whole apartments, hotel rooms, warehouse spaces…whole buildings if you want.

I have been through cases where hold departure orders arrived only hours after the subject left the country… leaving a P250,000 liability with two parties aside from me and at this time still has a standing arrest warrant for qualified theft due to missing items registered at inventory.

In one of the subdivisions I oversee, an entire unit apartment house was rented, and the tenants ransacked the two neighboring houses on a Sunday and made it appear that the people they got where legitimate “movers”. One witness even recalled that the “movers” where uniformly dressed in blue coveralls and even shouted to the direction of the second floor “Did sir (Name of Owner) say he wanted his wardrobe separated from boxes?” (Niingon ba to si sir na ipa lahi ang sanina sa mga kahon?) You may hear things like this in Manila, but this happened in Cebu, yeah villainous minds are only limited by the imagination and not by the law.

Everyone believed it was legitimate and the whole move took the whole day. The houses where owned by people who traveled a lot so no one thought it was odd... until the real owners arrived and found their houses in near brand new order… everything not nailed down was taken… it was so clean, there was nothing left.

In another case, apartment units this time, still under my supervision, A perpetrator, from another unit, broke through the window of the adjacent unit through an adjoining balcony (two units have one balcony separated by a wall – and dusty hand prints where all over that wall) stole everything that could be carried, including a laptop and simply disappeared… although we would have wanted to question the registered tenant of the unit where the handprints originated, he already left.

And by thunder, one of our furnished units in another location includes a 42” Samsung flat screen TV (Retail value P69,999) that you can just carry out and put in a taxi if you want – that is if you can explain that to the guards on the ground floor. If we want to require the original passports then I believe that would be justified.

Does anyone even have any idea how long it takes to release a hold departure order? If you go through the none stop marathon, main office confirmation of skipper, inventory, legal counsel, prosecutors’ office, local law enforcement and finally hold order… it would be an astonishing feat if you make it in 24hours – why? You don’t seriously think we have formatted depositions for witnesses to just sign and have it notarized by our legal counsel do you? Everything has to be taken down – Verbatim! … an arrest warrant would be faster.

So our grace period is 5 days for the room units, dormitories and boarding houses, 10 days for houses and apartments, 15 days for office spaces and everything else (Although since they are businesses we sometimes agree to extend or set a different date with a different guarantee… usually a check) , even if they disappear, we still cant or will not and will prevent others from opening their units… unless an emergency that threatens the safety of others arises, we respect our tenants and we believe in giving everyone a fair chance.

Unless the grace period elapses or unless local law enforcement requires our assistance (they need us – and not the other way around) we do not and will prevent others from entering.

So about travel:

It takes 2 hours to confirm an “open ticket” 16 hours (actually this is because the airport closes) for the first flight out anywhere – that’s one full rotation of airport operations and when flights for Singapore, Macau, Hong Kong, etc become available… Hong Kong does not need a Visa.

A one (1) day head start is already too long if they planned for something sinister and devious.

Foreign Students (and so do tourists) often carry open tickets (Tickets already paid but departure schedules depends on when they want it), mostly because they don’t stay that long and it would be safer for them, even if they lost everything, they can still have a ticket home – losing the ticket is not a problem, the airline can have it duplicated electronically, all you need is your Passport.

Oh that’s right… a passport… That brings me back to your question:

And yes although there is no law that requires us to HOLD the passport of a foreign national… the law does allow us to keep the passports to prevent them from skipping obligations… (Civil Code – articles covering guarantees and securities)

It does not Require us to Hold… But it does Allow us… (Justice is blind, not stupid)

with their consent of course, and why would they need it anyway? The only time one would need an original would be… would be… hmmm… let’s see… gasp! That’s right! When one passes through an international gateway facility… like say… an airport?

And any way, we keep it in a vault, through two (2) security doors, one with two (2) keys… and it’s (the vault) even fire resistant, that’s safe enough don’t you think? Yeah they can get a new one… but that process takes far too long and too hectic and too damn expensive if done here.

Do you seriously think a photocopy of a passport will do any good? In issues of security, that can only be used for identification the original is required for verification and other things… like security!

I am reminded of Neville Chamberlain (pre WWII – prime minister of Great Britain) who so famously declared that Hitler would never declare war because Hitler signed a piece of paper… well we all knew how that turned out eh?

Any paper is only good if you can back it up. I can believe (very hardly) that people can be so deluded as to believe:

I’m going to lend him 100,000 because I know where he lives

I’m going to give him money because he can guarantee employment aboard

I ‘m going to trust him because I have a photocopy of his… well you get the idea.


I may be all too passionate with this issue because I become very involved in these matters. I sometimes give (mostly lend) money to tenants who’s savings where stolen by their roommates who ran off, although that has been done, that is very rare… very rare indeed.

You think its Ridiculous? Try telling that to one of my tenants who cried because her digital camera was stolen by her foreign “friend” who disappeared and was also a tenant.

And you wanna know why I need a birth certificate and/or an NBI clearance? – In short I want to protect those who are kind enough to stay with us; I screen people’s backgrounds to make sure they are not threats for security.

I require these things not for me or the company’s sake, but rather for the safety and security of those whom I shall be responsible for.

@ajol

Yeah the perpetrators fit the profile, seems to span ten (10) years, houses around Southwestern University even registered similar complains about the same type of people. This is not an isolated incident, apparently there are more like it involving the same people.

[ajol]

basta TO ALL who are thinking of accepting IRANIANS..

Just REQUIRE 4 Months SECURITY deposit....

if they won't PAY BECAUSE they have DEPOSIT... give them 7 days to SETTLE or ELSE you can CALL THE COPS or BAYAD lang ug mga BUGOY PAKULATA na ninyo.... IGAPOS niya bilin ilang butang sa DALAN

[d`monyita]

saber ----- >

well put.

[jerryp]

good job saber... i find it very educating.... thanks!

[Ronn926]

@saber

bitaw, i heard sumting like this. mayb frend to sa akong momy ang inyong tenant. my mom's friend lost 200t worth of appliances bcz gi-ransack ilang rented house inside a subdivision pa gani. ngdala pa kuno og van/truck ang mga nangawat

[Master_Lampa]

nice there saber... bitaw it's not only protecting the business interest but as well as the tenants.. pa abanga ko room sir saber beh.. heheh kana barato lang...

[mdv]

Nice lecture saber :mrgreen: I learned a lot of things from u!!! Actually, we're also a victim of tenants who disappear without paying their rent(But it's not Iranian instead it's NIGERIANS). Not only that, they also didn't pay the electric, and Phone Bills!!!

[SPRINGFIELD_XD_40]

- Just get a copy of their passport . PHOTOCOPIED and not the original LOLZ ! That is ILLEGAL for you guys who dont know .

- The weight lies more on the LANDLORD and ot on the TENANT , so its the LANDLORDS responsibilities to always remind and collect rent money .

- DOnt just GENERALIZED the IRANIANS kay di man sad sila tanan . As long as the POLICIES / PROTOCOLS and SECURITY MEASURES of the company LEASING and LEGAL MATTERS wise is followed , walay dautan mahitabo . Its not fair to brand the IRANANIANS human pwerting praise nato sa uban na lahi although chances are labwng mangingilad pod diay .

- Regarding UTILITY BILLS , sayop na sa LANDLORD kung naa sa pangalan ninyo ang acocunt when availing the services . The name of the acocunt should of the TENANT .

[saber]

- Just get a copy of their passport . PHOTOCOPIED and not the original LOLZ ! That is ILLEGAL for you guys who dont know .


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)

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)

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)

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.


- The weight lies more on the LANDLORD and not on the TENANT , so its the LANDLORDS responsibilities to always remind and collect rent money .

REPLY:
Ok

- DOnt just GENERALIZED the IRANIANS kay di man sad sila tanan . As long as the POLICIES / PROTOCOLS and SECURITY MEASURES of the company LEASING and LEGAL MATTERS wise is followed , walay dautan mahitabo . Its not fair to brand the IRANANIANS human pwerting praise nato sa uban na lahi although chances are labwng mangingilad pod diay .


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.

- Regarding UTILITY BILLS , sayop na sa LANDLORD kung naa sa pangalan ninyo ang acocunt when availing the services . The name of the acocunt should of the TENANT .


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.

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.

This becomes even more problematic in cases of ejectment. If documentation of ownership for rent is provided and if space is used exclusively for residential purposes, in no uncertain terms will the law allow for immediate removal of tenant. One will have to move for legal action, in which case, the court will not grant unless one has already exhausted the measures at Barangay Level, The Lupon and so on.

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.

This does not apply if the utilities are under the tenants name. So the landlord-tenant relation will continue unless otherwise defined or cleared by a court, Why?... Failure to settle obligations does not fall in that category (not yet - without extenuating circumstances) since the landlord has presented supporting documentation that he indeed recognizes the lessee as a tenant (Note that the definition of tenant in the law is very broad). So one will need to ready oneself for ejecting a tenant... of one apartment... or even a room.

The procedure is different if the tenant is a business.

[ajol]

- Just get a copy of their passport . PHOTOCOPIED and not the original LOLZ ! That is ILLEGAL for you guys who dont know .

- The weight lies more on the LANDLORD and ot on the TENANT , so its the LANDLORDS responsibilities to always remind and collect rent money .

- DOnt just GENERALIZED the IRANIANS kay di man sad sila tanan . As long as the POLICIES / PROTOCOLS and SECURITY MEASURES of the company LEASING and LEGAL MATTERS wise is followed , walay dautan mahitabo . Its not fair to brand the IRANANIANS human pwerting praise nato sa uban na lahi although chances are labwng mangingilad pod diay .

- Regarding UTILITY BILLS , sayop na sa LANDLORD kung naa sa pangalan ninyo ang acocunt when availing the services . The name of the acocunt should of the TENANT .

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....

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

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...

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...


SO am I generalizing?

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

So before you accuse me of generalizing please go to those places mentioned....

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