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HELP! Landlord Refuses to Return Deposit

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pulsarator
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HELP! Landlord Refuses to Return Deposit

Post by pulsarator » Fri, 22 Sep 2023 12:02 am

Hi guys,

To provide some context, I am currently based and will still be based in Singapore moving forward. I have just ended a 4 years (split into 2 tenancy contracts due to renewals) residential tenancy in Singapore with my landlord, a Singaporean. It was rented out fully furnished

During the handover, the landlord brought along an acquaintance (Spouse, sibling, friend?) who then started to nitpick at things which were obviously wear and tear. I was intimidated as I knew the professional cleaners whom I have engaged to perform moving out cleaning, curtain dry clean, upholstery, did not really do a good job, and caved in to their demands on the spot for replacement of some of the items. Though, ALL of the items just required a re-clean as they were not faulty nor damaged AT ALL.

I did not sign off on the tenancy checklist and handed the keys over to the landlord's agent as the landlord refused for it to be signed.

Fast forward to 1 week after the handover, the landlord then claimed questionable + excessive costs to the "Damage" I have caused, which coincidentally amounted to around the sum of my deposit. i.e wall damage (when they are just small tiny scuffs), replacement of furnitures (which were also clearly an upgrade) etc etc. All forms of negotiation via the landlord's agent, including offering to replace the furnitures and fittings to a similar one and offering to pay for re-cleaning were refused, as they wanted to charge exorbitantly for damages caused. I.e Repainting walls, charging for PREMIUM furnitures and fittings, re-hire a professional cleaner, replacing oven, replacing hood, replacing washer (as we had not had the chance to test the appliances because the utilities were shut off on the day of handover).

There is a clause in the tenancy agreement to seek mediation/arbitration and would like to offer that to the landlord first, before taking the matter to the small claims tribunal. However they are based overseas according to the agent.

It is also stated that the small claims tribunal cannot bring a claim against a person who is out of jurisdiction.

Anyone has an experience like this before?

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Lisafuller
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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Sun, 24 Sep 2023 1:08 pm

You could always threaten legal action and see if anything comes of it, a lot of times landlords will relent, because they are unwilling to go through the trouble of a prolonged dispute.

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PNGMK
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Re: HELP! Landlord Refuses to Return Deposit

Post by PNGMK » Mon, 25 Sep 2023 10:33 am

Yes very common tactic here unfortunately.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

pulsarator
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Re: HELP! Landlord Refuses to Return Deposit

Post by pulsarator » Mon, 25 Sep 2023 11:58 am

Thanks PNHMK and Lisafuller for your replies.

What is my next course of action then, given my Singaporean landlord is based abroad?

Does this mean I have to take legal action and bypass the Small Claims Tribunal AFTER we mediate?

Then I do not see the point of mediation in this sense because the landlord can choose to not pay up right?

This act of unjustifiably withholding the deposit is almost criminal!

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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Mon, 25 Sep 2023 12:51 pm

Unfortunate, most LLs here are unscrupulous

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PNGMK
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Re: HELP! Landlord Refuses to Return Deposit

Post by PNGMK » Mon, 25 Sep 2023 2:36 pm

Mediation. Then SCT.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

x9200
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Re: HELP! Landlord Refuses to Return Deposit

Post by x9200 » Mon, 25 Sep 2023 2:48 pm

pulsarator wrote:
Mon, 25 Sep 2023 11:58 am
Thanks PNHMK and Lisafuller for your replies.

What is my next course of action then, given my Singaporean landlord is based abroad?

Does this mean I have to take legal action and bypass the Small Claims Tribunal AFTER we mediate?

Then I do not see the point of mediation in this sense because the landlord can choose to not pay up right?

This act of unjustifiably withholding the deposit is almost criminal!
Is the LL aware you are not leaving Singapore any soon?

pulsarator
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Re: HELP! Landlord Refuses to Return Deposit

Post by pulsarator » Mon, 25 Sep 2023 11:36 pm

Hi X9200, yes the landlord is aware that I will be in Singapore. Does this affect my chances of getting my deposit back?

Thanks PNGMK. I was thinking of still applying for SCT after mediation (Which hopefully can help resolve the matter) to see whether I qualify, given that the LL is based overseas.

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Re: HELP! Landlord Refuses to Return Deposit

Post by x9200 » Tue, 26 Sep 2023 12:50 pm

pulsarator wrote:
Mon, 25 Sep 2023 11:36 pm
Hi X9200, yes the landlord is aware that I will be in Singapore. Does this affect my chances of getting my deposit back?
In this case not. Many of them simply get opportunistic thinking leaving tenants would not bother to go legal as this takes time and local presence.

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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Tue, 26 Sep 2023 1:34 pm

pulsarator wrote:
Mon, 25 Sep 2023 11:58 am
Thanks PNHMK and Lisafuller for your replies.

What is my next course of action then, given my Singaporean landlord is based abroad?

Does this mean I have to take legal action and bypass the Small Claims Tribunal AFTER we mediate?

Then I do not see the point of mediation in this sense because the landlord can choose to not pay up right?

This act of unjustifiably withholding the deposit is almost criminal!
Always good to pursue friendly tactics first. I'd go with mediation.

Lisafuller
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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Tue, 26 Sep 2023 1:35 pm

PNGMK wrote:
Mon, 25 Sep 2023 2:36 pm
Mediation. Then SCT.
Then police!!!

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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Tue, 26 Sep 2023 1:35 pm

pulsarator wrote:
Mon, 25 Sep 2023 11:36 pm
Hi X9200, yes the landlord is aware that I will be in Singapore. Does this affect my chances of getting my deposit back?

Thanks PNGMK. I was thinking of still applying for SCT after mediation (Which hopefully can help resolve the matter) to see whether I qualify, given that the LL is based overseas.
If anything, this works in your favor, as the landlord cannot just "wait out" the problem, the problem being you.

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Re: HELP! Landlord Refuses to Return Deposit

Post by Lisafuller » Tue, 26 Sep 2023 1:36 pm

x9200 wrote:
Tue, 26 Sep 2023 12:50 pm
pulsarator wrote:
Mon, 25 Sep 2023 11:36 pm
Hi X9200, yes the landlord is aware that I will be in Singapore. Does this affect my chances of getting my deposit back?
In this case not. Many of them simply get opportunistic thinking leaving tenants would not bother to go legal as this takes time and local presence.
Right, the lack of morals is sad considering the LL and tenants once had a cordial relationship.

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