Yes. I've done it after staying 7 years in one place but still, the way it is done is up to both parties to agree so it is not necessarily the way you described as there is no law governing it. What I described earlier is based on general, civil law. If you have a situation as you described, meaning that both parties AGREED upon something at the moment of the handover then this is valid and I have no objections here. In such case everything should be documented and signed to avoid later some nasty surprises.k1w1 wrote:X9200, have you ever done a handover? The final inspection is done then, and both parties have to agree to what the damages are (if any) and what will be deducted for that. This is all documented and signed by both parties and then the tenant hands the keys over... The landlord is trying to change this now after the tenant has signed it. That just won't hold up in a court no matter how you try to spin it out.
x9200 wrote:Yes. I've done it after staying 7 years in one place but still, the way it is done is up to both parties to agree so it is not necessarily the way you described as there is no law governing it. What I described earlier is based on general, civil law. If you have a situation as you described, meaning that both parties AGREED upon something at the moment of the handover then this is valid and I have no objections here. In such case everything should be documented and signed to avoid later some nasty surprises.k1w1 wrote:X9200, have you ever done a handover? The final inspection is done then, and both parties have to agree to what the damages are (if any) and what will be deducted for that. This is all documented and signed by both parties and then the tenant hands the keys over... The landlord is trying to change this now after the tenant has signed it. That just won't hold up in a court no matter how you try to spin it out.
Just thought i would post this link because it is a helpful website, there are also real cases with judgments on contract law. Some things are clear cut, other things are not so clear and need looking into more closely. Though I am no expert, i have studied contract law in Denmark, Singapore however may have amendments, though mostly use the UK laws.x9200 wrote:No need to be sorry, it is usually both sides
Hi Visitanamika and everyone here.visitanamika wrote:Thanks all.. filed the claim at SCT and attended the first mediation session (no positive outcome from it) - looking forward to the hearing.
Hi,k1w1 wrote:You definitely can take this to small claims court. As KSL said, he cannot add things after the handover is done! It has been signed and agreed to, and he has 14 days to return the deposit from that date.
You may find just the threat of small claims court is enough. I did this once and got my money in 24 hours. I also have colleagues who paid a lawyer $100 to write them a letter claiming their deposit was being unlawfully with-held and they'd claim the legal fees too. They got their money back immediately.
It's too late for this now, but I've also heard you're much better off just not paying the last month's rent.
tenant wrote:
Hi,
Could you please let me know how to proceed to give a notice from small claims court. Our landlord is holding the money from 3 weeks. He bluntly said that "I will not give you the deposit till one month".
Try doing a search on keywords SCT and landlord, or SCT and deposit. Try both search buttons at the top right above. This will give you an idea of what and how people in your shoes have done before.
By the way, 2 weeks is regarded as a reasonable time-frame to return a deposit where deductions have been agreed with a landlord on checking-out from an apartment, so him suggesting a month is not on the face of it reasonable.
He is renovating his whole house with our deposit.
He might be, but you cannot prove this statement so it is better to stick with the facts you are certain of. Imagine any statement you make here or to the landlord in writing is being read out in court before a judge, it helps focus the mind.
We returned the house in tenantable condition for that we did many electrical and wood works. But still landlord is said he will deduct 75% of my deposit.
Has he provided you with a breakdown of how these deductions have been arrived at?
Also note that (speaking as a long-time landlord myself) tenant's carrying out 'improvements' is not a plus unless perhaps the tenant is a professional tradesman. In fact they are usually a total PITA and the landlord has to reverse them. Plus for example, I imagine that you are not qualified under Singaporean electrical regulations to carry out electrical works. So do not mention either of these as if anything it will detract from your case. Focus on the good condition that it was returned in instead.
All the repairs listed (room and ceiling paintings, etc) landlord doing should not be bared by the tenant (according the contract on which we signed.)
Any advices.
You should have returned the property in the same condition as which you received it in, with an allowance made for fair wear and tear. It helps a lot if you had a check-in and out inventory, or you took a record of photos on checking in/out etc.
Once you have your thoughts clearly together write to the landlord and give him fourteen days to return your deposit (or what you feel is the appropriate amount). Express yourself calmly and clearly.
- This is the situation as I see it.
- This is what you have said to me in reply.
- This is what I require you to do.
- This is when I require you to do it by.
If he refuses or ignores you then write again and tell him you are giving him seven days to comply otherwise you will take him to the SCT. If he still does not comply then take him to the SCT.
Keep copies of all correspondence, and if possible a diary of events and conversations as well, as compiling such evidence sometimes months after the event is difficult and another PITA.
Please let us know how you get on
Thanks.
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