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 Rental apartment has pipe leaking to unit below

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TSlabtec
post Aug 24 2021, 07:11 PM, updated 4y ago

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Hi, I'm renting an apartment and my apartment is causing water leaking on ceiling on 2 units below my apartment.

May I know these repair cost should be covered by the apartment owner or the one who rent the house?

The apartment management say the apartment owner don't want to answer their phone and worse case they will make police report and then cut off my apartment water supply
hightechgadgets8
post Aug 24 2021, 07:16 PM

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covered by owner
TSlabtec
post Aug 24 2021, 07:36 PM

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QUOTE(hightechgadgets8 @ Aug 24 2021, 07:16 PM)
covered by owner
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Any action I can take if owner cause my rental apartment water supply cut? Or claim compensation from owner?

Can I void the contract and look for new place to rent?
mini orchard
post Aug 24 2021, 07:57 PM

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QUOTE(labtec @ Aug 24 2021, 07:11 PM)
Hi, I'm renting an apartment and my apartment is causing water leaking on ceiling on 2 units below my apartment.

May I know these repair cost should be covered by the apartment owner or the one who rent the house?

The apartment management say the apartment owner don't want to answer their phone and worse case they will make police report and then cut off my apartment water supply
*
Any repairs towards the property normal wear and tear and due to no fault of the tenant is under the responsibility of the landlord.

Under one of the TA clause, the tenant is to enjoy quiet enjoyment of the premise without any disturbance from the landlord or agent if rental payment is prompt.

Your landlord had therefore breached the TA. As the tenant, you can inform and forward all mails to the landlord for his further action.

Meanwhile, to expedite the matter, you can withhold further rental payment until the matter is resolve.

That is all you can do and is up to him to follow up with the apartment management.

QUOTE(labtec @ Aug 24 2021, 07:36 PM)
Any action I can take if owner cause my rental apartment water supply cut? Or claim compensation from owner?

Can I void the contract and look for new place to rent?
*
If the water supply is with the Water Authority, the apartment management have no legal authority to disconnect the water supply.

In a contract, the breached party must be given time to rectify the breach. Only if he fails, then the injured party can terminate the TA and claim whatever losses suffered.

In other words, if the water supply is indeed disconnected, you have to nego with the landlord how he intend to solve the problem. Only if there is no action from him then you can proceed to terminate the contract.

This post has been edited by mini orchard: Aug 24 2021, 08:58 PM
TSlabtec
post Aug 24 2021, 09:14 PM

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QUOTE(mini orchard @ Aug 24 2021, 07:57 PM)
Any repairs towards the property normal wear and tear and due to no fault of the tenant is under the responsibility of the landlord.

Under one of the TA clause, the tenant is to enjoy quiet enjoyment of the premise without any disturbance from the landlord or agent if rental payment is prompt.

Your landlord had therefore breached the TA. As the tenant, you can inform and forward all mails to the landlord for his further action.

Meanwhile, to expedite the matter, you can withhold further rental payment until the matter is resolve.

That is all you can do and is up to him to follow up with the apartment management.
If the water supply is with the Water Authority,  the apartment management have no legal authority to disconnect the water supply.

In a contract, the breached party must be given time to rectify the breach. Only if he fails, then the injured party can terminate the TA and claim whatever losses suffered.

In other words, if the water supply is indeed disconnected, you have to nego with the landlord how he intend to solve the problem. Only if there is no action from him then you can proceed to terminate the contract.
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Have to nego with the landlord... mean in the end most likely I'm the one who will take the suffering... then it's better to look for new place to stay...


the apartment management say they just submit form 28, this will only impact the house owner right?

link “The management body then has to issue form 28 — the certificate of inspection to the party who should be responsible for the problem. The property owner has to solve the problem within seven days after receiving form 28. If he or she refuses, the management body can bring this issue to Tribunal, even court. So this is a serious issue,” he said.





mini orchard
post Aug 24 2021, 09:33 PM

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QUOTE(labtec @ Aug 24 2021, 09:14 PM)
Have to nego with the landlord... mean in the end most likely I'm the one who will take the suffering... then it's better to look for new place to stay...


the apartment management say they just submit form 28, this will only impact the house owner right?

link “The management body then has to issue form 28 — the certificate of inspection to the party who should be responsible for the problem. The property owner has to solve the problem within seven days after receiving form 28. If he or she refuses, the management body can bring this issue to Tribunal, even court. So this is a serious issue,” he said.
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In a contract that is basically how it works.

For example, if the tenant default 1 month on rental payment, the landlord cannot come tomorrow to retake possession of the property. The landlord have to issue notices to the tenant to make good the rental.

Even if he intend to take possession, he has to go through the legal way. I am not going to discuss the illegal way since is not the topic.

As long there is no disconnection, the tenant has not suffer any losses. One cannot predict future problems or losses to terminate the contract, unless if can prove is life threatening.

Any legal actions relating to the property is between the management and landlord, unless the tenant is part of the problem.

Since the owner is not answering calls from the management, the only way is through you being the tenant. You can tell them that you have forward all things to the landlord and can ignore any further dealing with them.

This post has been edited by mini orchard: Aug 24 2021, 09:45 PM
TSlabtec
post Aug 24 2021, 09:52 PM

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QUOTE(mini orchard @ Aug 24 2021, 09:33 PM)
In a contract that is basically how it works.

For example, if the tenant default 1 month on rental payment, the landlord cannot come tomorrow to retake possession of the property. The landlord have to issue notices to the tenant to make good the rental.

Even if he intend to take possession, he has to go through the legal way. I am not going to discuss the illegal way since is not the topic.

As long there is no disconnection, the tenant has not suffer any losses. One cannot predict future problems or losses to terminate the contract, unless if can prove is life threatening.

Any legal actions relating to the property is between the management and landlord, unless the tenant is part of the problem.

Since the owner is not answering calls from the management, the only way is through you being the tenant. You can tell them that you have forward all things to the landlord and can ignore any further dealing with them.
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the house owner told apartment management last week that there is no occupant in the house, causing the management to accidentally close my house water supply temporary and i have to get security to open it back...

creating problem to me but i cannot do anything



mini orchard
post Aug 24 2021, 10:06 PM

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Firstly, you didnt answer the following ....

QUOTE(mini orchard @ Aug 24 2021, 07:57 PM)
If the water supply is with the Water Authority,  the apartment management have no legal authority to disconnect the water supply.
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QUOTE(labtec @ Aug 24 2021, 09:52 PM)
the house owner told apartment management last week that there is no occupant in the house, causing the management to accidentally close my house water supply temporary and i have to get security to open it back...

creating problem to me but i cannot do anything
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How can the management and security didnt know the unit is tenanted. That shows that nobody knows what is going on until someone complaints.

Maybe the management just take the landlord's word and turn off the main to prevent further leak with no intention of making inconveniences to the tenant.

But but, but then ....when the the problem first surfaced, I am sure someone from the lower unit would have approach you. No ?

This post has been edited by mini orchard: Aug 24 2021, 10:19 PM
forever1979
post Aug 25 2021, 11:15 AM

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the leaking could be costs by few factor, i.e. piping or water proofing or others

so better the owner go and engage his own contractor to check and do it

best advice is to look for the new unit as what the owner showed is he is not kind of responsive and responsibly people...
TSlabtec
post Aug 25 2021, 12:06 PM

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QUOTE(mini orchard @ Aug 24 2021, 10:06 PM)
Firstly, you didnt answer the following ....
How can the management and security didnt know the unit is tenanted. That shows that nobody knows what is going on until someone complaints.

Maybe the management just take the landlord's word and turn off the main to prevent further leak with no intention of making inconveniences to the tenant.

But  but, but then ....when the the problem first surfaced, I am sure someone from the lower unit would have approach you. No ?
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because when management call the house owner, the house owner told management that I have move out during MCO...

No, the lower unit didn't approach me. Maybe got call the house owner before since they have similar issue like 2-3 years ago and the house owner get someone to fix it.



QUOTE(forever1979 @ Aug 25 2021, 11:15 AM)
the leaking could be costs by few factor, i.e. piping or water proofing or others

so better the owner go and engage his own contractor to check and do it

best advice is to look for the new unit as what the owner showed is he is not kind of responsive and responsibly people...
*
yup, looking for new unit now, got one empty just opposite my current rental house

This post has been edited by labtec: Aug 25 2021, 12:07 PM
mini orchard
post Aug 25 2021, 12:12 PM

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QUOTE(labtec @ Aug 25 2021, 12:06 PM)
yup, looking for new unit now, got one empty just opposite my current rental house
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The landlord cannot stop you if you decide to move out. Just as I have explained in earlier posts, make sure you can catch him by his balls that he has breached the TA.
TSlabtec
post Aug 25 2021, 04:25 PM

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QUOTE(mini orchard @ Aug 25 2021, 12:12 PM)
The landlord cannot stop you if you decide to move out. Just as I have explained in earlier posts, make sure you can catch him by his balls that he has breached the TA.
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how about my deposit? I have 2 months deposit at landlord, do i need to get a lawyer if he do not want to return the deposit to my?
digitalz
post Aug 25 2021, 04:54 PM

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QUOTE(labtec @ Aug 25 2021, 04:25 PM)
how about my deposit? I have 2 months deposit at landlord, do i need to get a lawyer if he do not want to return the deposit to my?
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The thing is... how much is with the landlord? If less than RM5k = small claims. No lawyers. You file your own claim with the court.
mini orchard
post Aug 25 2021, 04:56 PM

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QUOTE(labtec @ Aug 25 2021, 04:25 PM)
how about my deposit? I have 2 months deposit at landlord, do i need to get a lawyer if he do not want to return the deposit to my?
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In normal circumstances, if you move out after TA expires, then your security deposits will be refunded

If you move out b4 TA expires but with the landlord agreeing because the premise is not suitable for staying, then he will refund.

If you move out other than the two above, then no.

This post has been edited by mini orchard: Aug 25 2021, 05:58 PM
heropawner
post Sep 14 2021, 06:04 PM

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How if the water leaking cause by the rain water seeping thru external wall and travel to the floor below? Is rectification the external wall by owner or management ?
mini orchard
post Sep 14 2021, 08:15 PM

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QUOTE(heropawner @ Sep 14 2021, 06:04 PM)
How if the water leaking cause by the rain water seeping thru external wall and travel to the floor below? Is rectification the external wall by owner or management ?
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Generally, anything that is external is under rhe purview of the management ....similar to painting of the entire building using the sinking fund.

Your question is brief and difficult to asnwer. Could it be a design fault of the building that causes the leak. Was the fault identified or confirmed by a professional building inspector. Was it the fault of the owner (you) during renovation....etc etc.

Can share some photos.
heropawner
post Sep 14 2021, 08:27 PM

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QUOTE(mini orchard @ Sep 14 2021, 08:15 PM)
Generally, anything that is external is under rhe purview of the management ....similar to painting of the entire building using the sinking fund.

Your question is brief and difficult to asnwer. Could it be a design fault of the building that causes the leak. Was the fault identified or confirmed by a professional building inspector. Was it the fault of the owner (you) during renovation....etc etc.

Can share some photos.
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Initially management claims that the AC refri pipe leaking. After I proof 2 month no usage of electricity, then now they claimed that water seeping from the window panel but there is no water seep/stain mark observe around the frame.
My unit everythg is OK. So now suspect rainwater seep from cracked external wall. That’s y wanna know external wall rectification by who
mini orchard
post Sep 14 2021, 08:48 PM

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QUOTE(heropawner @ Sep 14 2021, 08:27 PM)
Initially management claims that the AC refri pipe leaking. After I proof 2 month no usage of electricity, then now they claimed that water seeping from the window panel but there is no water seep/stain mark observe around the frame.
My unit everythg is OK. So now suspect rainwater seep from cracked external wall. That’s y wanna know external wall rectification by who
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Both you and management are pushing the problem to each other and the poor owner below is suffering.

There is no proper appointment of a qualified person to check the cause.

It could be due to a leaking piping line, interfloor bathroom leak, water from the external planter box, balcony discharge pipe, a design fault etc.

Unless the possible fault is identified by a qualified person, mere trial and error fixing will not solve the problem.

Leaking is the most difficult problem to solve. A water leak mark doesnt meant the water came in from the same place.
TSlabtec
post Feb 7 2022, 10:16 PM

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Hi, one of the valve in my toilet is leaking water. May I know does this consider wear and tear and the repair cost have to bear by tenant?

Attached Image

mini orchard
post Feb 8 2022, 06:04 AM

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QUOTE(labtec @ Feb 7 2022, 10:16 PM)
Hi, one of the valve in my toilet is leaking water. May I know does this consider wear and tear and the repair cost have to bear by tenant?

Attached Image
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Wear and tear is part of rental agreement and the repair to be done by landlord.

If landlord refuses to take action, I would say a small leak wont cost a bomb in the bill.



If it is my own property, I will remove the tap, clean and roll over some teflon tape to stop the leak. If the leak is at the hose area, change it ....not expensive. Available at MrDiy.

This post has been edited by mini orchard: Feb 8 2022, 07:17 AM

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