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 Landlord Refuses to Refund Security Deposit, lanlord refuses to refund security depos

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wshoh
post Aug 21 2016, 04:50 PM

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QUOTE(joannahannah @ Aug 21 2016, 03:03 AM)
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...
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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.
wshoh
post Aug 21 2016, 04:58 PM

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QUOTE(airtawarian @ Aug 21 2016, 11:49 AM)
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.
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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.

 

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