Hi All,

Currently i have issue with my landlord, he refused to pay back my 1 month deposit after i move out.

Here's the case:
I rent a room under 12 months contract (Jan til Dec), I've been paying all the rental on time. However, on November, i need to move out. So I asked him to deduct from my 2-month deposit to pay for December rental, which means he still owe me 1 month deposit right?

After done so, i believe i do not breach any contract because i still pay for the entire duration of my stay. he suddenly told me that i've breached the contract because I move out earlier than contract.

So my question, do i breach any contract? I move out 1 month earlier than contract but i still fulfill my responsbility to pay my rental, should I file police report? (if i do so, do i need to pay money to police? i'm foreign student so i've no idea about this, sorry)

Thanks

Actually the deposit cannot be used to offset rental.

Look back at your contract. Tenancy contract actually means you have to stay at the place for the duration of the contract.

In western country, if you move out earlier, you can be sued and the Landlord can demand you to pay the remaining months of the tenancy. and you will also be blacklisted in the Tenant registry.

It's just that in Malaysia, the Laws are very pro-tenants. So most of the time the tenants get away with early termination of tenancy, unpaid bills, damaged property, lost key, damaged access card.

Even when Tenants don't pay rent, the Landlord cannot even get into his own property for fear of being sued by the Tenant for loss of items. It's just ridiculously pro tenant.

This post has been edited by Chrono-Trigger: Feb 4 2019, 11:53 AM

Nope.

No breach.

As long as you paid Dec rent, doesnt matter when you moved out physically.

Just like I can rent the house for a year but never moved in.

Like you said "I move out 1 month earlier than contract". That falls under "breach of contract" already. You lucky the landlord didn't charge you for breaching the contract. Police probably will not entertain much to this case.

Same thing happened to me and my gf. The landlord agreed to let us leave house one month early provided he'll deduct the money from the deposit. After we move out he refused to return money saying we breached contract. Straightaway refuses to even meet us and blocked us.

When we went to make police report, they told us to hire lawyer since this is not criminal case. We didn't and ended up losing the money.

Since you're a foreigner sommore, kinda hard to get your money back.

Brother, the issue is this. Security Deposits are generally not deductible to offset your monthly rental UNLESS you have something in record to agree otherwise.

The security deposit is as security for the landlord to ensure that you do not breach the agreement (ie; premature termination or destroy the property).

You asking the Landlord to deduct the December rental from the Security Deposit is asking for trouble because this means you did not pay the monthly rental for December.

If you subscribed for a 24 months UNIFI contract and terminates on the 23rd month, breach or not?

This post has been edited by shaniandras2787: Feb 4 2019, 12:20 PM

I see. Thanks.

But even if i move out earlier physically, i still pay the rental. Does it also consider violating the contract? Its weird coz i thought the contract is about agreement to pay the rental not physically stay inside

But i still pay the rental though. Only physically move out.

I have the agrrement on whatsapp chat.

Asking him i can either pay by bank transfer or deduct from deposit. Then he say deduct from deposit is also ok.

Then we agree for deposit deduction.

I am not sure if i can log police report with these chat logs or its still consider as breaching

When did this conversation took place; was it before the December rental was due or after it was due?

The main issue now is that the landlord will argue that you failed to pay the rental for December but if you could prove that the December was PAID and that he agreed to allow the December rental to be deducted from the security deposit then now the landlord is in breach of the agreement if he refuses to return to you the deposit.

If you have the chat on record, hop in any small legal firm (a sole prop, will do), get them to issue a letter of demand to the landlord, should costs you no more than RM150.00. If the landlord still no response, just spent a little bit more money and get sue him in the magistrate and get a judgement in default by way of summary judgment.

Sometimes, it's not about the money but teaching the landlord a lesson not to cheat. Also, the satisfaction of you shoving it onto the landlord's face thereafter, priceless.

Police wouldn't give 2 effs to you since this is purely civil.

Don't waste your time.

I'm not sure what's in the contract. But usually if the contract says 12 months, you have to live there 12 months and pay 12 months rental fee. After the contract is expired (after 12 months), the landlord will give back the 2 months deposit. You made 3 mistakes here. (1) You asked for the deposit money before expired date. (2) You didn't live in the house for the 12th month (you are required by the contract to actually live there). (3) You told the landlord that you're moving out before the contract expired.

If you want to proceed with the complaint, you can lodge a report to:
Tribunal for Consumer Claims Malaysia (https://ttpm.kpdnhep.gov.my/portal/home) or NCCC (http://www.nccc.org.my/v2/index.php/ingin-membuat-aduan-e-aduan)

Assuming you paid up 12 months rental with no dues even on all utilities bill and return back the unit as per original condition, then you should get back the deposit.

That’s why now growingtrend, tenants not wanting to pay up the last 2 months rental. Coz of landlord like this case here. Even clearly spell out in the agreement, deposit cannot be used to offset rental, but tenant will still do so out of fear that the landlord will not return the deposit. Haih...such landlord really spoil the market.

Just wait for the so called tenancy act to come in. And see how good is the implementation.

physically moved out or not, you still have to pay the 12-month rental stipulated in the contract. you cannot ask the landlord deduct from security deposit whenever you like.

you need to differentiate between the purpose of monthly rental and security deposit.

Not sure why the landlord agreed through whatsapp when he has no intention to return the deposit.

The landlord should have insisted that the tenant complete the contract. If tenant have to leave before contract expires, the landlord can forfeit the deposits. Unless he never have the intention to return even the contract is completed.

The trend of landlord not returning deposits is increasing and that makes good tenant turns bad.

Not sure why the landlord didnt use the weakness of the tenant to his advantage.

If you moved out in end of Nov, you have breached the contract and landlord can hold back the 2 months deposit.

If you moved out in end of Dec, you have not breached the contract and can claim back the 2 months deposit.

You are confusing us.

Security deposit is NOT used to pay for last month rental. It is used to ensure you don't destroy landlord property and furniture.

If you still pay the rental for december, then it is not breach of contract even if you are not staying there.

THe landlord is trying to cheat you. I suggest you give proof of banking to police or lawyer.

agree...how can be a breach of contract if rental has been paid up to last day? ? This owner is scum

You shouldn't say you move out in November because you still paying December rental.
Basically the landlord just trying to cheat you. If police report not working, suggest you threaten the landlord that you will make LHDN/Tax report that the landlord not declaring your rental as income.
They will scare at LHDN more than Police.

Rental is one thing, deposit is another.

Cannot use deposit to offset any months of rental.

Only after rental finished and both party satisfied then deposit should be returned

Why the landlord agreed to allowed the tenant to use the deposit to offset the Dec rental? If the landlord dont allow, then he should inisist tenant complete the term. He can forfeit the deposits if tenant default then.

You give 1 month resignation notice and your employer told you not necessary to report for work and will pay you month end. Come pay day, your employer say you didnt report for work and refuse to pay. How?

your promise long term and under delivered with fulfilling short term rent duration, and playing victim card.

how about you use your god-given pair of eye to read thru the case

technically the owner are correct
TS is the wrong one

1. Security doesn't offset the rental
the purpose of security deposit is to ensure the room was return as it was first given to you initially, if got damage to the property, the security deposit will be used unless extra charges needed whereby the tenant need to top-up

it happen to me once, i accidentally cause some damage to the property i rent
luckily the security able to cover back and the owner no longer disturb me...hahaha
so bad of me but we are able to settle it properly.
No extra cash needed,only the security deposit burn. sigh

But if you move out and paid for DEC rental, then you can argue about security deposit return issue. but upon reading your statement, it seem you are the wrong one to assume on security deposit offset the rental

The deposit can't offset the rental BUT the owner should have mentioned it or reminded you on that if contract states it. It is not a new issue of landlords taking advantage of students.

If contract doesn't mention it, then it's up to you if you want to fight it out in court but it could cost you more than the deposit.

your reasoning doesnt apply tbh in ts case. he has 1 month left and 2 months deposit.
if like this, i purposely pay 1 month till december, and get back 2 months from the tenant. i end up 1 month deposit remaining.
now ts end up with nada.

the deposit is insurance u dont move out after a short period sayyyy ~2 months, in that case i telan 2 bulan deposit and kick u out end of the month, i untung 2 month money from you.
ts, get in touch and say u want to stay 1 more month. make ur landlord feel like he is a special kind of dumb.

This post has been edited by GHBZDK: Feb 9 2019, 07:37 PM