Hi there. I just encountered this issue with my landlord. I have informed my landlord that the house condition is not suitable for staying anymore due to water leakage in between cement/ walls and water has already filled the underground (able to see water stain on the floor). Hence we proposed to move out earlier than the agreed date stated in the tenancy agreement due to this unforeseen circumstances. We were then told to find new tenants to "replace" us. We did as what we were told. Several people have contacted us saying they are interested to rent. So we informed the landlord about this. He then said that he will need to filter the new tenants whom he preferred either from the first world country or only Chinese female will be put under his considerations of new tenants. In addition, he refuses to refund the security deposit worth a total of RM 3000.00 to us claiming that we are the one who breach the tenancy agreement first for not staying to the agreed full period. Problem is the house condition is getting worse as we can see the paint started to peel off and scatter on the ground and molds started to grow on the wall. It is not that we want to move out earlier but it is because the house condition doesn't allow us to stay in there anymore. My sister has got her eczema getting worse due to the damp. We have shown the landlord but still he insisted not to refund the deposit since we would want to move out earlier and he insisted that the eczema is not due to his house condition. Please really need your help and advise here. Thank you so much...

This post has been edited by joannahannah: Aug 21 2016, 04:08 PM

1. Is there any tenancy agreement signed between both?
2. the landlord cannot withhold your deposit. If not, threaten to sue him/her for breach of agreement.

1. Hi yes, there is a tenancy agreement signed between the landlord and us which us why he has the upper hand in forfeiting our deposits. We fully understand this. But we will not want to move out if it is not because the house has significant defect now.
2. He mentioned that no matter what we are the one who breach the agreement since we request to move out earlier.

Anyone has encountered issue like this before? Please share your experience or advise what could be done in such circumstance?

1. What does the tenancy agreement provide vis-à-vis the covenant to repair?

2. Can the "water leakage" (in your own words) be resolved by repairing?

To the best of my knowledge, it is well established (by case law) that in the absence of an agreement to the contrary, the law imposes no obligation on a landlord to keep the premises in repair. A lessee/tenant must take land as he finds it and there is no covenant or condition implied by law that land that is leased/let is fit for the purpose for which it is taken.

There is a difference between repairing and replacing - your legal position may very well depend on the answer to the 2nd question above. You certainly cannot expect competent advice to be given freely and ought to consult a lawyer competent in landlord and tenant matters.

Whether or not the landlord can "withhold your deposit" depends on the terms of the tenancy agreement. For now, better to first determine who is in breach of the tenancy agreement.

Most of the ppl in Property Talk are "investors" and "landlords" so you are unlikely to get much help in "fighting" one of their kind. Try Kopitiam and Serious Kopitiam - lots of trolling but you may get good advice if u are lucky.

2 important questions:
1. Name of the apartment you are/were renting?
2. Are you still staying there or have you left? If you have left, nothing much can be done expect taking the landlord to court/small claims tribunal.

Malaysian law favours the tenant and most landlords dunno law, they think they are "lords" and the tenants are suckers/slaves who help them pay installments.

This post has been edited by Veda: Aug 23 2016, 03:36 AM

Read your tenancy agreement carefully about the state of the leased property.

Example mine has a clause that anything below RM150 is my(tenant) responsibility including full aircon service. If RM151 above, they settle. (Got termite, and other repairs done by them, i changed lights n kitchen silicone on my side)

So if got such a clause, was there a notice period or deadline action must be taken?
Then can prove they are in the wrong, and if you find another place to stay while awaiting rectification works, they have to pay it(while u pay them rent still).
Lastly, if your stuff is damaged you can try n claim from them if its the owners fault also.

Get lawyer advice. Or post ur agreement here, we all kepo and pretend-lawyer la.
Free and quality law advice doesnt generally mix.

Probably due to this contrary reason, the land lord feel you all are taking advantage on them.
Why not try to repair all the problem before decide to move out? Who shall bear the cost of repair, that you need to check back your tenancy agreement.

Hi veda ang kengyan thanks for letting me know most of the people here are the agents and landlords. I have read the tenancy agreement again and found that actually the tenancy agreement favours the landlord more than the tenants. Probably this is the agent's trick with the owner.

Problem is we suspect there is pipe bursting inside the wall so to repair they will have to break the wall to do it. The owner refused to pay for our stay while he is doing the repair and he can still tell us to simply stay with your family first while he is going the repair. The owner is so irresponsible to say such things. If u guys wanna know I can let u all know who is the owner and which is the unit so no one will get cheated by this terrible owner and agent anymore in future

Now I found out that owner has a lawyer sister. No wonder he us so 嚣张