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 <WTA> Advise for room tenancy end contract, Landlord do not want to return deposit

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TSAbie.C
post Jan 13 2025, 01:58 PM, updated 11 months ago

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Hi Sifu here,

Asking out tenancy agreement after contract ends and deposits return.

My daughter rent a condo roomnear her university for 3 years agreement. Last year November and December is the last 2 month of the contracts.

After we move out in the early December contracts end in 24/Dec. The landload hold back our deposit.

Now the landlord want to deducts the deposit as below list:

1) Deep Cleaning ( Fan, Corners, Floor ), RM100
2) Wall Repaint, RM100
3) Door Repaint, RM50
4) Bed Replacement, RM400
5) Table Replacement, RM149
6) Late Handover, RM135


The room is still in coog conditions as some scratched mark on the wall, ceiling fan with dust, some wear and tear on the queen divan and also mold in the center of the divan which my daughter did not notice since. the mattress is so heavy to carry up. The door have some marks maybe long term use every door should have the mark.

And how do they calculate for late handover. Contract end 24/Dec. All Keys handover 27/Dec.

Should i bare all these. I think somes items are not fare for us to pay. A room rent for 3 year rent cannot be the same as 3 years ago as new.


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jojolicia
post Jan 13 2025, 02:21 PM

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If nothing is broken, fight for your deposit. The last photo, I deem that broken

Stain, dirt, mold etc no. they cannot charge you.

This post has been edited by jojolicia: Jan 13 2025, 02:22 PM
JoeYoung
post Jan 13 2025, 02:33 PM

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TS, this article will help you. Good luck

https://asklegal.my/p/landlord-tenant-renta...eposit-malaysia
potatolala
post Jan 13 2025, 02:35 PM

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Wear and tear is normal
The landlord seems to be stingy type
Fight for your deposit.


TSAbie.C
post Jan 13 2025, 02:39 PM

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QUOTE(jojolicia @ Jan 13 2025, 02:21 PM)
If nothing is broken, fight for your deposit. The last photo, I deem that broken

Stain, dirt, mold etc no. they cannot charge you.
*
I think deep cleaning the room charges too should not bare from us. We clean as basic and empty the rooms. Is this a tactic way from landlord so that they can run away to pay back the deposits. Look like once i end the contract i need to pay for everything for full refurbish the room. so landlod can wash hand and do nothing and ready to rent to another student tenant.

What is the basic things that landlord cannot bill us?
jojolicia
post Jan 13 2025, 02:47 PM

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QUOTE(Abie.C @ Jan 13 2025, 02:39 PM)
I think deep cleaning  the room charges too should not bare from us. We clean as basic and empty the rooms. Is this a tactic way from landlord so that they can run away to pay back the deposits. Look like once i end the contract i need to pay for everything for full refurbish the room. so landlod can wash hand and do nothing and ready to rent to another student tenant.

What is the basic things  that landlord cannot bill us?
*
Agree on deep cleaning. You just clean as in wipe down, remove all your stuff.

Your landlord trying to upper hand la. Stand firm, worst to worst bring the landlord to small claim tribunal. Tell him put all those itemised cost and deductible in black & white, signed by him to you. Failing which, demand for your full refund.

You write in your hand over, post-condition photos and give notice to the landlord for the refund with a time bar.

This post has been edited by jojolicia: Jan 13 2025, 02:49 PM
Duckies
post Jan 13 2025, 02:50 PM

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I am a land lord myself but I also feel it's unfair to deduct the deposit for these kind of wear and tear. Unless if you say electronics rosak or the bed totally cannot use
TSAbie.C
post Jan 13 2025, 03:15 PM

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QUOTE(Duckies @ Jan 13 2025, 02:50 PM)
I am a land lord myself but I also feel it's unfair to deduct the deposit for these kind of wear and tear. Unless if you say electronics rosak or the bed totally cannot use
*
As a landlord, Will you charge the room wall and door repaint fees from tenant. Bill for a new new table with tear and wear. Bill me a new divan and matress. There is nothing broken. The bed mattress also concern me. Will you bill the tenant for bed stained due to long sleeping for a new mattress?

My deposit is 2 month RM800 x 2 = RM 1600.
Bill me for repair total RM934.
Return deposit is only RM666.00

Bad Landlord always wanted to ketuk so better not to pay back the 2 months deposits to tenants.

knwong
post Jan 13 2025, 03:28 PM

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QUOTE(Abie.C @ Jan 13 2025, 03:15 PM)
As a landlord, Will you charge the room wall and door repaint fees from tenant. Bill for a new new table with tear and wear. Bill me a new divan and matress.  There is nothing broken. The bed mattress also concern me. Will you bill the tenant for bed stained due to long sleeping for a new mattress?

My deposit is 2 month RM800 x 2 = RM 1600.
Bill me for repair total RM934.
Return deposit is only RM666.00

Bad Landlord always wanted to ketuk so better not to pay back the 2 months deposits to tenants.
*
Can you ask for AFTER photos and bills of those repair
Landlord did refund the remaining balance
Sounds fair to me
Don't think you have very strong case againts this though. Landlord could be engaging expensive vendor, there's nothing wrong with that
Duckies
post Jan 13 2025, 03:59 PM

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QUOTE(Abie.C @ Jan 13 2025, 03:15 PM)
As a landlord, Will you charge the room wall and door repaint fees from tenant. Bill for a new new table with tear and wear. Bill me a new divan and matress.  There is nothing broken. The bed mattress also concern me. Will you bill the tenant for bed stained due to long sleeping for a new mattress?

My deposit is 2 month RM800 x 2 = RM 1600.
Bill me for repair total RM934.
Return deposit is only RM666.00

Bad Landlord always wanted to ketuk so better not to pay back the 2 months deposits to tenants.
*
I pay the repaint fees myself cause I considered those wear and tear UNLESS tenant made it very dirty/messy or they go and draw the wall with paint/pen/crayons etc.

For bed stain..if the stain is due to old age then no. But if the stain is from tenant pouring stuff whether accidental or purposely on it then another story.

From the picture that you shared, seems like normal wear and tear.

This post has been edited by Duckies: Jan 13 2025, 04:01 PM
TSAbie.C
post Jan 13 2025, 04:06 PM

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QUOTE(Duckies @ Jan 13 2025, 03:59 PM)
No, I pay the repaint fees myself cause I considered those wear and tear. If the stain is due to old age then now. But if the stain is from tenant pouring stuff on it then another story.
*
Thanks for clarified. The wall and door is due to wear and tear as seen in my photos. Then i can fight for not paying the repaints fees as its only minor scratches seen.
I only feel not justice to help the landlord to full refurbish the room with those extra cost that is a minor to all any room rents.
Duckies
post Jan 13 2025, 04:08 PM

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QUOTE(Abie.C @ Jan 13 2025, 04:06 PM)
Thanks for clarified. The wall and door is due to wear and tear as  seen in my photos. Then i can fight for not paying the repaints fees as its only minor scratches seen.
I only feel not justice to help the landlord to full refurbish the room with those extra cost  that is a minor to all any room rents.
*
Worst case you say u will buy paint and help repaint those stains haha. Clean room also can easily be resolved.

But the bed and table...hard to fight tho..how to define "rosak"? Owner can say like the bed was in 100% condition now like half rosak so need buy a new one...no evidence whatsover.

This post has been edited by Duckies: Jan 13 2025, 04:09 PM
zerorating
post Jan 13 2025, 04:17 PM

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shit landlord, even if the house is not in use also there must be some wear and tear.

ask him to give the old table and bed if you pay his demand and see what he going to respond. most likely he will say buang already laugh.gif

This post has been edited by zerorating: Jan 13 2025, 04:18 PM
TSAbie.C
post Jan 13 2025, 04:36 PM

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QUOTE(Duckies @ Jan 13 2025, 04:08 PM)
Worst case you say u will buy paint and help repaint those stains haha. Clean room also can easily be resolved.

But the bed and table...hard to fight tho..how to define "rosak"? Owner can say like the bed was in 100% condition now like half rosak so need buy a new one...no evidence whatsover.
*
The divan is only some tear and wear at the bottom due to sweep and mop. I think this i tear and wear. first the divan has no leg. when you clean or mop the floor sure it will wet the corner divan. But the mold in the middle of the divan its unnoticeble. or else to take the queen matteress out from the bed split the divan then only see the mold. Then who responsible for making the mold. The room is too moist then it will create mold.

As for the table, I do not mind as its still aceeptable to pay for that table.

Just want to justified some that I should not be cover all the cost to landlord to refurbish back as nee room/.
cawan
post Jan 13 2025, 05:19 PM

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i provide my new tenant , as clean as i could.
then this tenant request for new paint touch up,
replace broken toilet door,
replace fans,
add new queen bed set.. service aircond

if above provided, then once contract end (1-2 years), what u want in return? for me i want atleast 90% like i handover before.
adamhzm90
post Jan 13 2025, 05:40 PM

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Ugh looking at the fan photo maybe u also should teach your daughter on hygiene.. .. It literally takes less than 10 minutes to clean the blades of a ceiling fan
TSAbie.C
post Jan 13 2025, 05:55 PM

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QUOTE(adamhzm90 @ Jan 13 2025, 05:40 PM)
Ugh looking at the fan photo maybe u also should teach your daughter on hygiene.. .. It literally takes less than 10 minutes to clean the blades of a ceiling fan
*
yes..if landlord provide ladder. even they stand on the table its still beyond their heights. I think fan is not a big issue. But does tenant need to clean the fan before contract ends.

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