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Does security deposit cover compensation of damages?

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rogery
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Does security deposit cover compensation of damages?

Post by rogery » Fri, 14 Feb 2014 8:49 pm

Hi All,
Due to some reasons I have to move out from my rented HDB flat after staying there 11 months ie. 1 month before contract expires. Hence, my security deposit is forfeited and I'm ok with that.

The thing is that the owner after taking my deposit still asks me to pay for some damages caused such as re-painting the walls, servicing all air-cons and paying for spoilt washing machine (that was super old when I moved in and hence I trashed it and bought a new one). Is she right at this point? Do I still need to pay for it after losing my deposit? Need your advices. Thanks.

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sundaymorningstaple
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Post by sundaymorningstaple » Fri, 14 Feb 2014 9:34 pm

The deposit is to cover the cost of your damages (but damages very well could be more. The fact that you terminated your contract before the end without notice mean you have to pay off the balance of your rental term, which is also one month. The deposit is not for unpaid rental. therefore you own the outstanding term of the lease as well as having any damages to be deducted from your deposit.
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

rogery
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Post by rogery » Fri, 14 Feb 2014 10:06 pm

sundaymorningstaple wrote:The deposit is to cover the cost of your damages (but damages very well could be more. The fact that you terminated your contract before the end without notice mean you have to pay off the balance of your rental term, which is also one month. The deposit is not for unpaid rental. therefore you own the outstanding term of the lease as well as having any damages to be deducted from your deposit.
Thanks for your advice. I've read through the contract and nowhere in it saying that if tenant early terminated the contract he or she needs to pay off the balance of rental term (the contract even does not have any Early termination clause) so my understanding is that in worst case scenario the LL can keep my deposit to compensate for everything.

x9200
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Post by x9200 » Fri, 14 Feb 2014 10:34 pm

There is a law above your contract and if she only bothers to go to a court she may get this additional 1 month pretty easily.

Beeroclock
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Post by Beeroclock » Fri, 14 Feb 2014 10:51 pm

rogery wrote: I've read through the contract and nowhere in it saying that if tenant early terminated the contract he or she needs to pay off the balance of rental term (the contract even does not have any Early termination clause) so my understanding is that in worst case scenario the LL can keep my deposit to compensate for everything.
legally you need an early termination clause to afford you this right, otherwise you are bound to the full duration. Of course it also means the LL cannot re-let during this month either as you still have the right to occupy.

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