Landlord won. We are good tenants and don't want to fight even though he is unreasonable. We will just pay as he requested and leave. We're comforting ourselves that it is short term gain for him as it is going to be hard to find new tenants. And our new landlord seem nice. 

Extra 3 days but demand for full month payment it's unfair.

A few months back our landlord appointment her nephew who is also a lawyer to take over from her son who we've been dealing with all this while with no problems. So we had to agree to deal with new person. By the way our tenancy agreement has expired but both parties forgot to highlight. Agreement does not specify who has to prompt upon expiry.

Anyway, in the midst of reading the new agreement, we were surprised to find a new legal fee that we've never had to incur. And we decided not to pay because we did not request for the lawyer. So we decided not to renew tenancy and move one month from now on 23 Aug.

During our very first agreement (with landlord's son who is very nice) we were told to pay every 21st of the month. And this is what we've been doing every month so far for years without any problems. So for our last month here, we have paid full from 21 Jul - 20 Aug. And we have calculated a prorated rate for 21-23 Aug. However lawyer nephew has demanded that we pay full price for 21 -23 Aug, he said no prorate allowed. Does he have a right to ask this? We feel he is taking revenge on us for refusing to pay lawyer fees and deciding to leave. What should we do? Bear in mind they are holding our 2 months deposit.

Thanks in advance.

U make full payment ?

Though it’s not written (i.e. who to prompt upon expiry), the obligation rest with the Tenant to prompt the landlord.

The tenant is in a significantly weaker position once the tenancy agreement expires. There are two endings in such scenario, you will either be treated as a licensee or worse a trespasser. The later will subject a tenant to an eviction notice.

You got the better end of the bargain, you actually got a license to occupy the premises on a month to month basis, as suggested from the payment timeline.

In other instances, if I were the landlord and normally my tenancy agreement will have, I will slap you with double rent for each day you fail to yield up my premises and reinstatement cost for the premises.

For month to month license, it would be advisable to give 1 month prior notice to the landlord and exit before the expiration date and not after the date concerned.

Also, I don’t see anywhere he mentioned that he wanted his legal fees but merely wanted you to pay 1 month full rental despite having occupied the premises for 3 days.

Base on the above, I conclude that you should pay the full month rental and take it as a lesson, rather than to lose the 2 months deposits you have with the landlord.

Thanks for your reply.

I guess our inexperience of being tenants (first time) caused us not to know that tenants have to prompt as previously the landlord's son prompted. Anyway, our new place has stated that tenants are to prompt and we will keep it in mind.

And yes, we will pay the full month. Now praying he won't find any unreasonable excuse to keep our deposit.

No such thing as inexperienced, you have a contract, read it before signing it.

After reading your tenancy, you should also understand the peculiarities of it because there is no such thing as “market practice”.

Example: I work in a company and we got a shock of our lives when the tenancy stated, if we allow the tenancy to expire, we must give at least 6 months’ notice. Otherwise, our rental will be forfeited. The deposit alone is RM 300K. Can you imagine how angry management was? After much tears, pain and exchange of voluminous letters, we finally got our deposit back.

It's a painful lesson but the lesson you learn now... will average out into cost savings in the future.