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 Can I sue my landlord ?

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TSRedSky21-New P
post Jun 2 2024, 02:39 PM, updated 2y ago

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The story is like this. I informed my landlord that I will be moving out and was told that my two months deposit will be taken due to moving out before contract completion. I was not happy but I accepted it.

Later when I moved out, I was informed that any repairs and damages will be deducted from my utilities deposit which is separate from my two months deposit.

My question is, is this allowed ? I assumed the two months deposit which was taken would cover all this. Can someone advice based on their experiences?
cedyy
post Jun 2 2024, 02:58 PM

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Two months forfeiture is due to early termination. Doesn't cover any damage
Red_rustyjelly
post Jun 2 2024, 03:03 PM

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deposit is usually to cover damages and repair.

is normal.

Unless you have already asked landlord come over and see the building before moving out and let him confirm anything that requires repair from you before moving out in good terms.

What i did was usually i called landlord to come over before move out, and ask him whether anything requires to be repair or taken care of. then i forked up money to repair it. when move out they pay me back the deposit without any dmg.

TheFokerMist
post Jun 2 2024, 03:32 PM

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There is nothing wrong with the landlord.
Your deposit is forfeited because you broke the contract.
If the unit is damaged, you are responsible for the cost to fix it.
Babizz
post Jun 2 2024, 03:51 PM

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Can try suing but surely you'll lose the case smile.gif

Are you a Malaysian?
ManutdGiggs
post Jun 2 2024, 03:56 PM

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QUOTE(RedSky21-New @ Jun 2 2024, 02:39 PM)
The story is like this. I informed my landlord that I will be moving out and was told that my two months deposit will be taken due to moving out before contract completion. I was not happy but I accepted it.

Later when I moved out, I was informed that any repairs and damages will be deducted from my utilities deposit which is separate from my two months deposit.

My question is, is this allowed ? I assumed the two months deposit which was taken would cover all this. Can someone advice based on their experiences?
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TA was signed for landlord to keep tat unit for u thru out the tenure and for tenant to stay for the entire tenure stated in the TA which agreed n signed by both parties

Forfeiting the security deposit is a fair deal for early termination. Deducting the utility deposit for non rectification of the damages done to the unit is oso fair. Except for fair wear n tear.

Hope the above helps
TSRedSky21-New P
post Jun 2 2024, 05:28 PM

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Thanks all for the advice so far. To be honest there is no damage per se just wear and tear (like soft close cabinet not closing all the way) and two light bulbs which need changing.

So I guess it's normal then. Was worried I was being taken advantage of.
TSRedSky21-New P
post Jun 2 2024, 05:28 PM

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QUOTE(Babizz @ Jun 2 2024, 03:51 PM)
Can try suing but surely you'll lose the case smile.gif

Are you a Malaysian?
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Yes Malaysian
chainyong
post Jun 2 2024, 10:39 PM

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Please sue, your lawyer fee will be much higher than your utilities deposit
mann11967
post Jun 2 2024, 11:16 PM

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QUOTE(RedSky21-New @ Jun 2 2024, 05:28 PM)
Yes Malaysian
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1st time rent?
lordgamer3
post Jun 2 2024, 11:20 PM

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QUOTE(RedSky21-New @ Jun 2 2024, 02:39 PM)
The story is like this. I informed my landlord that I will be moving out and was told that my two months deposit will be taken due to moving out before contract completion. I was not happy but I accepted it.

Later when I moved out, I was informed that any repairs and damages will be deducted from my utilities deposit which is separate from my two months deposit.

My question is, is this allowed ? I assumed the two months deposit which was taken would cover all this. Can someone advice based on their experiences?
*
When you move in did you take picture of the condition before you accepted? Cause before you take possession and vacate if got video or photo evidence you can take the sohai to court. Cause she need to itemise and justify each item cost . 2 months is a lot for wear and tear. I think your landlord is chinaman ke?

If say contract one year but your notice period is 2 months if you complete it , that should make it offset.

This post has been edited by lordgamer3: Jun 2 2024, 11:21 PM
nexona88
post Jun 3 2024, 09:23 AM

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QUOTE(RedSky21-New @ Jun 2 2024, 05:28 PM)
Thanks all for the advice so far. To be honest there is no damage per se just wear and tear (like soft close cabinet not closing all the way) and two light bulbs which need changing.

So I guess it's normal then. Was worried I was being taken advantage of.
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Chill

It's normal...

Don't worries much...

btw how much is the 2m $$$??
chongmelvin2238
post Jun 3 2024, 10:41 AM

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1. Read your TA. Did you or him breach the agreement. Some agreement allows early termination with proper notification
2. I believe there is a standard clause at the end of the TA where tenant need to clean and show proof.
3. Also the hinges and bulbs is at the tenant responsibility to maintain.

I don’t know if it’s legal to offset the utilities deposits for repair? Coz it’s meant as deposits for utilities.
chongmelvin2238
post Jun 3 2024, 10:45 AM

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QUOTE(chainyong @ Jun 2 2024, 10:39 PM)
Please sue, your lawyer fee will be much higher than your utilities deposit
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I wonder if we can file a case via ‘small claim’. Suppose for claim below 50k and not business related. just rm10 fee with a lengthy process.
Sonnet Porky
post Jun 3 2024, 12:54 PM

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QUOTE(chongmelvin2238 @ Jun 3 2024, 10:45 AM)
I wonder if we can file a case via ‘small claim’. Suppose for claim below 50k and not business related. just rm10 fee with a lengthy process.
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Small claim is for RM 5k and below not RM 50k.
p4n6
post Jun 3 2024, 01:35 PM

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QUOTE(RedSky21-New @ Jun 2 2024, 02:39 PM)
The story is like this. I informed my landlord that I will be moving out and was told that my two months deposit will be taken due to moving out before contract completion. I was not happy but I accepted it.

Later when I moved out, I was informed that any repairs and damages will be deducted from my utilities deposit which is separate from my two months deposit.

My question is, is this allowed ? I assumed the two months deposit which was taken would cover all this. Can someone advice based on their experiences?
*
There are different type of deposit.

Security deposit
Utility deposit
Rental Deposit

Subject to your agreement, usually repair will come from the security deposit, utility in case you didnt settle all bills… these two can be recovered if no outstanding issues.

Rental deposit is in case you didnt pay your rent so you can be asked to vacate immediately.

Void of agreement usually comes with extra penalty subject to the agreement, some may ask you to settle remaining months of rental until complete the term.

Some better one just forfeit the rental deposit.

Some will have separate early termination cost.

You can refer to the agreement.

Anyhow, early termination is your fault so you are at disadvantage if want to bring to court to challenge …
rumahwip
post Jun 4 2024, 10:00 AM

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Security deposit and Rental Deposit, what r the differences? tq

 

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