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 Landlord ripping me off? Please help advise., Seeking tenancy legal advice

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shaniandras2787
post Jul 25 2016, 09:56 AM

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Firstly, it has always been the tenant's obligation to prompt for a renewal of the tenancy agreement upon expiry which is why they are called "Option to Renew". The landlord cannot force upon the tenant to take up a tenancy in which they do not want.

Secondly, you signed an agreement which contains an unfavorable costs clause but too bad, you're bound. As uncompassionate as it may sound, you should have read the agreement before you sign so basically, there's no one you can blame by yourself. Be a man and stick to it and make life less difficult for everyone.

Thirdly, is this "lawyer nephew" fresh? Fresh lawyers have the habit of doing everything "by the law" to show that they "know the law" and often forgot about commercial goodwill. Have you tried talking to the landlord's son and informed him about the whole situation (which i think you should).

Fourthly, in respect of rights. That "lawyer nephew" can do anything (if he is authorized by the landlord). If the tenancy agreement has expired and not renewed, they can even claimed that you are trespassing. Arrears claimed is as of right but they cannot forfeit money more than what is owed from your deposits. If the previous tenancy agreement is the standard kind, they need tor refund you everything once the tenancy agreement has expired provided you have not breach any terms.

Lastly, don't be lazy to read agreements.

QUOTE(vocalize @ Jul 25 2016, 01:24 AM)
Thanks for your reply. We are not trying to escape the 3 days rent. We have calculated a prorate of the 3 days and have offered to pay the prorate. E.g.: if rent is rm2000 we will pay rm200 (2000 รท 30days x 3 days). But landlord is asking for full rm2000 for the 3 days. Is that right? Do you think paying rm2000 for 3 days is something we should just agree to?
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It's not right to pay a full monthly rental when you are only in occupation for 3 days. Pro-rate is the way to go. Ask for a written justification for their demand and ask them to make reference to the previous tenancy agreement. if they can't and decided to go "cowboy" on you, threaten to bring all of them to the Small Claims Court.

shaniandras2787
post Jul 25 2016, 12:10 PM

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QUOTE(vocalize @ Jul 25 2016, 11:29 AM)
Thanks for your reply.

Could you explain further what you mean by ''unfavorable costs clause''? We have actually not signed any new agreement, and we're effectively not covered by any agreement right now as the previous one expired a few months ago. We actually read the previous agreement (agreement with son) in detail, the previous agreement (expired) has no clause for renewal of tenancy term. We did not know that it should have this at that time, as we are not legal experts.

Unfortunately, the lawyer nephew is a middle-aged man who is out to make us suffer for refusing to pay his legal fees (we did not agree to appoint him why should we pay him).

If we go to Small Claims Court, what are our chances? We are worried he will find other ways to slap us with legal suits.

Our other thought is to give in reluctantly but ask him to minus off from the 2 months deposit, we don't want to pay him anymore as we're worried he finds other excuses not to return our deposit after we pay him one more month for that 3 days. Can he take any legal action?
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Unfavorable costs clause isn't a specific terminology. It's just a phrase reflecting an unfavorable clause in respect of costs, to be taken literally. It's quite odd for your previous tenancy agreement to not have an option to renew clause because then it would have stated clearly who bears the costs for the renewal.

Middle aged man doesn't mean he could be a senior. Many people passed the Bar exams much later in their lives. Get his name and do a search in the Bar Council directory but that is besides the point. How much is he charging, get a Tax Invoice from him and share it here and see if he charges exorbitantly. A tenancy agreement for a RM2,000.00 monthly rental isn't going to cost you a limb, neither the stamp duty. I'm assuming it should costs less than RM1,500.00.

At the end of the day, it boils down to how much you want this transaction to go through. Although you did not appoint the lawyer but commercial practice is that tenants bear the costs for the tenancy agreement. If it's not unreasonable then just pay and get on with your life. No point haggering.

If costs is really an issue to you then propose to the landlord that to use the same template as the previous tenancy agreement. Legally speaking, you don't need a lawyer to prepare a valid and enforceable tenancy agreement.

If you didn't breach any terms of the previous agreement then your chances of winning is very high provided that you have been truthful here.

In tenancy agreement cases, landlord usually goes for a distress action unless of course you have damaged the property in one way or another.

 

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