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 owner withholding deposit for 2 months

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TSwasabiluv
post Nov 30 2017, 07:45 PM, updated 9y ago

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Hi guys,

Would like to get some advice.

Our old landlord still has our deposit of 1.5 months until now, and we moved out at the end of Sept - her reason was she was waiting for outstanding bills and cleaning+painting charges, then she will deduct those and then only refund the balance to us.

And now she's charging all sort of other things that I believe she shouldn't - eg. she charges 'running fees' as her transport cost from her house to the building to settle the issue of checking mailbox etc., she charges RM100 for access cards which she claimed were damaged (they were working fine on the day we returned the cards and keys to her, so I think we shouldn't be held responsible for this?), and she's charging RM360 for cleaning fee, and another RM400 to repaint the master bedroom.

The paint job she claimed was RM800 for the room, and will be split half - when I asked for the invoice, she said she couldn't provide one because she asked 'odd job worker' to do it, because if she called a proper painter it would have cost rm1200-1500. As far as I know, repainting would be for the whole unit, not just the room, so I believe she also got the unit painted and charged half of that to the deposit.

I'd like to know, is there anything that we as previous tenants can do? Report police or something? The contract itself said the deposit should be refunded upon returning the keys, but she insisted to hold all for the pending bills and others.

We didn't have an agent, dealt directly w/ owner and this has been this way since the previous 2 years - 2 different house leaders and then passed it on.

Appreciate any advice and suggestion!
TSwasabiluv
post Nov 30 2017, 09:01 PM

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QUOTE(CyrusWong @ Nov 30 2017, 08:04 PM)
bcoz no receipt , discount RM400 so much... RM400 you know

if you no ask she also no discount for you right

That's why... I don't know any painter who would do just one room, unless she "DIY".

QUOTE
access card damaged? go management office and ask, whether she got issue new card or not. if really got, maybe she issue to replaced another damaged card then charged it to you lol

This one she had the receipt from management - that's what I suspect, probably someone else's cards and charge to us, but she challenged us saying, can call and check w/ management and see, haha.

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rm360 cleaning fee, i think is clean whole house edi, also full charged to you?

Yea, this one is for the whole unit. I think it's a bit much, I've researched and usually it's around rm60/hour - at most it will take like 3, say max 4 hours to clean, she said no receipt for this because she asked her maid to clean. So her maid got extra rm360? Hahahaha.

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running fee, what? I never seen any landlord charge something like this, obviously trying to scam you.

First for me too, and I guess can see from how she insisted to withhold all remaining deposit that she would try her best not to refund at all if she could. She could have refunded half first if she had the good intention.

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but you got black and white right? try to make a police report.

We do have the contract, but last time she said there was no need to get stamp duty and at that time I believed her like the fool I was. I only found out from a few agents recently that if there's no stamp duty, we can't really do much about it. But this is already obvious scamming.

She sent us a picture of the cost breakdown - handwritten.

Now we're all trying to dispute the charges, but she just ignores the questions and I have a feeling that if we keep disputing she will just say something like, take it or leave it, and it will take even longer to get the money back. Just now she already said, if you agree, I will refund now, if not I will be away until 8th Dec, so you'll have to wait another week or so for the money. hmm.gif


TSwasabiluv
post Dec 1 2017, 05:58 PM

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QUOTE(GenY @ Dec 1 2017, 05:30 AM)
wasabiluv,

Do you have records of your communications with the old landlord, especially the part about "'running fees' as her transport cost from her house to the building to settle the issue of checking mailbox."?

I'm not a lawyer, but if you do have the records, maybe you can send the landlord a warning letter that you may take the matter to court. After a reasonable number of days have passed, you can try approach the Tribunal for Consumer Claims or the Small Claims Court.

Yes, it's all in the whatsapp group chat. Is it like just a normal warning letter, or do I need to get it from a lawyer or some kind of other legal body? Also, do we need to pay for the Tribunal/Small Claims Court? One of the tenants said we might need to pay rm300 to lodge a report, but I think he's talking about police report for this one.

QUOTE
Your case is much weaker without a stamped tenancy agreement but it's probably not hopeless if you can show proof of the landlord's ridiculous deductions.

Another thing - if the landlord does not want to have the tenancy agreement stamped, she might be trying to avoid paying tax! You need to double check on this but if i'm not mistaken, a landlord can be fined if she fails to stamp the tenancy agreement.

Ah yes, this is what my friend told me as well, it's likely that she is avoiding to pay tax that's why she didn't want to stamp it. Is there any way I can check without asking her directly? Or should I ask her and tell her that I'm gonna go report her? Hahahaha. If she's paying then I'll be on the losing side though, but if she's not paying, well then......

Is the fine a lot for such cases? devil.gif

This post has been edited by wasabiluv: Dec 1 2017, 05:59 PM

 

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