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Owner not returning deposit, demanding more

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jana1966
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Owner not returning deposit, demanding more

Postby jana1966 » Sat, 07 Jul 2007 1:50 am

Hello,

Just checking if anyone can share their expereince. I lived in rental apartment for 2.5 years and maintained the house fairly well, paid rent promptly. While returning the key, the owner indicated that repairs are minor and he will return the deposit after some minor deduction.

Now he has taken pictures and claims that we have damaged the house too much. Not only, he is not returning the deposit, he is demanding more in an intimidating way.

Are there any body/council for tenancy rights? How do I resolve the current impasse?

Appreciate your inputs and sharing of similiar experience.

Regards
JR

renter
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Postby renter » Sat, 07 Jul 2007 5:40 pm

Have you paid your last month rental?

If not, hold it and just use the deposit to pay it. Or at least ask him over to inspect before you pay the last month rental. Settle the deposit first, before paying the last month.

ashnd76
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Postby ashnd76 » Sun, 08 Jul 2007 12:24 am

------------------------------------without prejudice-----------------------------

well..firstly you'd need to read thru your tenancy agreement detailing the terms and conditions.

The law does recognise tenants rights as well as landlord (house owners) rights. In other words, its a balance of rights.

Standard business practice and tenancy agreement dictates that the tenant is entitled to claim the deposit when certain conditions are fulfilled.

It'd be great if you have evidence to prove that you have been a prompt paying tenant.

But now the owner is disputing it by tendering evidence of damage, and he would not have difficulty in obtaining exorbitant quotations for repairs from contractors in order to offset the amount of your deposit.

My advise is that you too should have photographs taken of the alleged damages, and get a quote from 3 contractors, preferably well established ones, to lend credibility.

If there is a huge gap between the quotations you receive and the quotations obtained by the owner, then you might use it as your ace card later, but dun use it juz yet.

You might or might not want to engage a lawyer, but do bear in mind that it will incur legal fees, time consuming and you have to take the risk that if you lose, you have to pay cost.

The best way is to talk nicely to him i.e mediate in good faith, and discretely record the conversation. If he intimidates you, even better coz its all being recorded. See how it goes..

IF, legally, you are entitled for the deposit, and the fact that he witholds it from you of your money, its theft.

And if the intentionally collude with the contrators to issue exorbitant quotations with the intention of not paying the deposit then its fraud. And the contractors would be liable for aiding and abetting.

But dont go down that path yet...see how it goes.

-----------------------------------without prejudice----------------------------

jana1966
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Thank you for the valuable advise

Postby jana1966 » Sun, 08 Jul 2007 9:39 am

Thank you for your valuable advise. I had paid rent promptly until the last month and have all receipts. The problem is that I had already vacated the house without getting the contractor of the quote for the minor damages.

Anyway, I met the landlord again and re-negotiated the price. Besides, not returning my deposit, I agreed to pay S$ 600.00 while he demanded S$1500.00. Finally, the deal is settled for S$600.00 and he released me of tenancy obligation.

Now where in the contract, it says explicitely that the deposit will be deducted for the damages.

This is a bit of distraction for me, so I was happy to bring it to a closure with S$600.00 payment. Anyway, lesson learned !

Regards
JS

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sundaymorningstaple
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Re: Thank you for the valuable advise

Postby sundaymorningstaple » Sun, 08 Jul 2007 12:01 pm

jana1966 wrote:Thank you for your valuable advise. I had paid rent promptly until the last month and have all receipts. The problem is that I had already vacated the house without getting the contractor of the quote for the minor damages.

Anyway, I met the landlord again and re-negotiated the price. Besides, not returning my deposit, I agreed to pay S$ 600.00 while he demanded S$1500.00. Finally, the deal is settled for S$600.00 and he released me of tenancy obligation.

Now where in the contract, it says explicitely that the deposit will be deducted for the damages.

This is a bit of distraction for me, so I was happy to bring it to a closure with S$600.00 payment. Anyway, lesson learned !

Regards
JS


Just what did you think a deposit is for then? Just curious.

Matney
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Postby Matney » Sun, 08 Jul 2007 4:10 pm

Next time, plan ahead. The owner won this one, I hate to say. You've been had. :(

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k1w1
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Postby k1w1 » Sun, 08 Jul 2007 7:54 pm

I think so too. Either you really trashed the apartment, or you just got done over (big time) by a dodgy landlord, who knew you had no comeback. Please tell me you didn't really pay an extra $600 on top of the deposit... :???:

jana1966
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Impeccable condition !

Postby jana1966 » Sun, 08 Jul 2007 8:06 pm

I left the apartment in an impeccable condition with minior paint peeling off the wall due to wear and tear. My family is small and we really took of it well. I am living here for 8 years with three landlords. I never had any trouble getting my deposit.

I was feeling exhausted dealing with the current landlord, with exorbitant quote from contractors. He is charging me for painting the full house and changing the cabinets new etc. In my opinion, it is a rip off.

Anyway, it is behind me ! Now I bought a good property and do not have to rent an apartment in Singapore anymore !

Regards
JS


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