Hi,
I've been renting a Condo for 3 years now.
The main Door slammed shut because of strong winds, and now there is a crack in the door, about 5 inches long.
Now i am moving out,
The Landlord wants to replace the door and wants to deduct the cost from my deposit. (~RM900)
Am I liable for this?
First of all, i have done some reading, and have come up with the following:
1. The damage was caused by wind, and not an act of carelessness or negligence.
2. There was no latch behind the door to keep the open door from slamming.
Therefore, i am not careless/negligent to use the latch, as none was provided.
3. I read that in foreign countries, such as New Zealand, that tenants have a right to keep their doors (or windows) open.
and that keeping a door open is not a form of negligence or carelessness.
4. I believe that strong wind is an act of God, that cannot be predicted.
And that it is part the LandLord's Risk when renting out his property. (is this true in Malaysia?)
I proposed paying half for the door, but the landlord insists that it was my fault because i left the door open when the wind blew.
Can the landlord really deduct my deposit for a new door?
Or is this considered normal wear & tear?
P.S. - I have repaired the door by sealing the crack with a very strong polymer (i am a Chemical Engineering student), the polymer is clear, so you can see the crack, but the crack is sealed, and the door is still functioning. I believe it is still in tenant-able condition, and should not be replaced.
Thank you so much
A 5-inch crack is clearly a serious defect and the landlord has the right to compel you to pay for it. It is not usual wear and tear. The fact that you attempted to remedy it by putting in polymer does not change the fact that the defect is still visibile.
Your research and arguments are commendable but it will be a valiant effort. You were clearly in the wrong. That is my professional opinion.