Hi all, my tenancy agreement contract expired this end of month, and I had just inform my owner and he seems not happy about it and he said that he will forfeit 1 month of my deposit. The problem is he didn't personal check with me last month whether I want to renew the contract or not, which is continue as tenant. Also the contract didn't mention that tenant need to inform the owner 2 months earlier before end of the contract EXCEPT if termination of tenancy during the renting period. Therefore as a tenant I decide just leave the unit after the rent period. Can I know does this owner have the right to forfeit my 1 month deposit??

Honestly IMO, no. Because after rent is completed usually u can leave anytime, but better to inform your owner earlier la.. Not like give 1 month notice.. lol. cause owner need look for other people to rent also..

I understand on owner side, but instead of putting all the blame on me, I think he can also discuss with me whether renew contract or not. Right now I inform him that come over the last week of this month to check and take back the key but seems like he doesnt bother to do that. Just what if he not coming to get back the key?? Is there anything I can do about it??

nope, i dont think the owner can forfeit the deposit like that except it is stated in the agreement. usually without any notice from both parties, then the tenancy ended and the owner must return all deposit after checking all is good.

Now I worry that he doesn't come and check the unit when the final week of the month and consider force me to stay another month.

In a TA, there is a clause which state that the tenant is given the option to renew the tenancy and any such notice should be notified to the landlord 2 months prior to the expiry.

If there is no notice, is deemed that the tenant will move out after the tenancy period and all deposits returned minus any damages to the property and outstanding utilities payment.

In most practices, either party will be informed as this gives the party the time to look for alternatives....the tenant sufficient time to accept or not to renew the tenancy and tenant to find new, ...the landlord preparation to look for a replacement tenant as any void period is a loss of income.

Having said the above, the landlord cannot forfeit the deposit.

I agree with mini orchard - if the tenancy agreement expires, you can literally walk out on the stipulated date and you’re entitled to your deposit back, minus any deductions for repairs etc as stated as part of your contract.

Yes, im not asking for renew the contract, but he simply just find excuse to prevent return the deposit.
However I foreseen that he doesn't come and check the unit when the final week of the month and consider force me to stay another month. Is there any solution for this problem??

Follow the contract. If your landlord is supposed to return the money to you and doesn't, just go to small claims court and let the judge decide. If you win, just put the landlord in CTOS and they'll come back begging to pay you. Small Claims court can be filled for like RM 20. No point talking, just follow the contract.

If your landlord wants to play tough, you can also do it provided you are not in a hurry to move any you find claiming back is a hassle with his attitude.

Continue staying without paying for next 2 to 3 months and he will come begging you. If you are satisfied, then only move out.

Or

You tell him you are going to sublet even though the TA term dont allowed. Tell him to eat TA since he dont want to follow....this approach should work.

This post has been edited by mini orchard: Aug 2 2020, 06:08 PM

I don't think not paying 2 or 3 months will works but end up he has the reason not to pay back all the secure deposit thus he can kick me out immediately for the month if refuse to pay...

And sublet will give him advantages, I don't want to help him to find another victim, I pretty sure no much people will want to rent his unit with this condition.

You dont pay 2 to 3 months oredi offset your deposit....so you lose nothing or minimal.

Sublet is just a 'threat' and normally landlord wont agreed.

Any idea whether small claim court works for tenancy agreement that is not duty stamped?

Tenancy agreement can be stamped anytime. If is after 30 days from date of TA, a fine will be imposed...depending on how long the delay.