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Landlord delaying security deposit return

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AussieInTheRu
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Landlord delaying security deposit return

Post by AussieInTheRu » Thu, 03 Mar 2016 7:54 pm

We recently moved from a condo and, per the contract, were required to receive our security deposit back within 30 days (which we felt was excessive). It's now pushing 60 and the agent on their side refuses to commit to a date of return (lots of "asap"). I have the feeling he's terrified of his landlord and doesn't want to push him, but that doesn't help us at all.
It's a significant amount of money, so what are our options from here?

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JR8
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Re: Landlord delaying security deposit return

Post by JR8 » Thu, 03 Mar 2016 9:53 pm

Do a forum search on 'small claims tribunal', you'll see where this has been raised and discussed before. It's almost a recurring topic, once every 3 months or so.

Have you agreed any deductions, and are just awaiting payment? If so the LL appears to be in breach of contract and it's time to get your big-stick out. Read through several topics that come up from the above board search and it should give you the necessary leads.

Presumably you found the place directly via the LLs agent, rather than interfacing via your own agent, as if the latter the onus would be on your agent to deal with this.
'Do it or do not do it: You will regret both' - Kierkegaard

AussieInTheRu
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Re: Landlord delaying security deposit return

Post by AussieInTheRu » Fri, 04 Mar 2016 11:52 am

Thanks JR8, will check it out. I think the intentions are honest from the agent on their side, but he's quietly terrified of upsetting the landlord (who owns the whole building). I didn't realise the onus was on our agent...she's pretty apathetic too, but I'll get a fire under her today. Closing on 60 days is insane.
The final amount has been agreed on in writing (well, whatsapp, which appears to be the way EVERYONE conducts business here in SG!) so it's just a matter of the funds being transferred.
The overall shadiness of landlord and agent alike in Singapore is disappointing. The whole industry needs governmental intervention sooner than later.
Again, thanks for your reply.

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Re: Landlord delaying security deposit return

Post by JR8 » Fri, 04 Mar 2016 6:36 pm

I've been similarly 'caught in the middle' between the two agents with neither willing to do anything and it's a PITA. But note that IMO/E the landlord's agent represents the LL only. It is your agent that should be your channel of comms. Whether they're willing to get off their rear and do this is another matter; it seems (IME) that they're very willing to try and fob one off*.

Your starting point is looking at the contract you signed to engage the services of your agent. How does it define the extent of his/her duties? How ever it is worded it should include negotiation of [any deductions etc] and oversight of return of the deposit at the end of the term. If that is stated, then you have your channel to move forward.

* In was in a similar position and I pressed our agent very hard, until she said in as many words 'Sorry I've accidentally deleted all my archived records going back 7 years so can't help you'. And that agent was a distant relative that we thought was on our side, and is from of the main SG agencies. [/'kin unbelievable!]. It's regrettable that she is a relative because for that reason alone my wife was very uncomfortable with me landing a severe legal 'whack on her ar*e', which would have begun with reporting her to the NAEA. So if we return to SG there's no way I'll put the job of finding a flat in the hands of the wider family, even if it causes offence, as as has been seen I have nil recourse in the event things go awry.
'Do it or do not do it: You will regret both' - Kierkegaard

kenreally
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Re: Landlord delaying security deposit return

Post by kenreally » Sun, 06 Mar 2016 12:30 am

AussieInTheRu, tenants' rights in Singapore are not legislated and therefore tenants do not enjoy the same protection as in Australia. If you are still not getting the deposit back, bring your Whatapp messages to a lawyer to write a demand letter to the owner. It'll set you back about $600 but should get the owner to move quicker.

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Re: Landlord delaying security deposit return

Post by rarkins » Thu, 10 Mar 2016 1:13 pm

How common is it for there to be a written agreement between tenants and their agents that the agent is obligated to continue helping them even right through to lease completion? I had a similar case but nothing at all in writing that obligated my agent to help (she did though, which I assume is typical).

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sundaymorningstaple
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Re: Landlord delaying security deposit return

Post by sundaymorningstaple » Thu, 10 Mar 2016 2:30 pm

Well, with most agents expecting to get a commission on lease renewals (for not doing anything) I should think that they would be bound to help throughout the lease if necessary. Most of the agents I know provide service throughout the duration of the lease, but I'm sure there are probably just as many who do not. It would be interesting to see if they would sign a document which would legally obligate them to do so. I've never used an agent so I don't know what the agreement says between the agent and prospective Tenant.
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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