Feeling screwed over by LL as I leave an appartment

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ozgts
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Feeling screwed over by LL as I leave an appartment

Post by ozgts » Thu, 22 Nov 2012 6:30 pm

Ok so this topic has been done to death but I can't find anything thats a concrete answer.

I've left my previous place (3 bedder in MBR) where I took it over as first tenant.

Have left early and accept the commission thing via use of diplomatic clause but how far can a landlord / landlord agent go to making the place new again?

In other parts of the world where I have lived, if you damage the place you rent, you repair it on the way out. But to make the place 'as new' again I feel is a bit much and am being stiffed for repolishing of floors, repairs of timber flooring (soft timber discolored in sunlight areas, lacquer coming off in areas, etc), and a whole raft of things.

I hear so many stories of locals screwing over foreigners but there's no (or at least I'm not aware of it) ombudsman of the sorts here to support tenants rights.

Any ideas or pointers?

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offshoreoildude
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Re: Feeling screwed over by LL as I leave an appartment

Post by offshoreoildude » Thu, 22 Nov 2012 7:07 pm

ozgts wrote:Ok so this topic has been done to death but I can't find anything thats a concrete answer.

I've left my previous place (3 bedder in MBR) where I took it over as first tenant.

Have left early and accept the commission thing via use of diplomatic clause but how far can a landlord / landlord agent go to making the place new again?

In other parts of the world where I have lived, if you damage the place you rent, you repair it on the way out. But to make the place 'as new' again I feel is a bit much and am being stiffed for repolishing of floors, repairs of timber flooring (soft timber discolored in sunlight areas, lacquer coming off in areas, etc), and a whole raft of things.

I hear so many stories of locals screwing over foreigners but there's no (or at least I'm not aware of it) ombudsman of the sorts here to support tenants rights.

Any ideas or pointers?
1. You should not have to make up 'fair wear and tear'. To me, this means flooring wear, counter wear, sunlight damage etc is not on. I include mold, reasonable wall finish wear and carpet wear. I've never paid for this. Stains however are another matter - unfortunately stain repair sometimes required complete refinishing. No red wine drinking is the answer!

2. Marble floors are a bit tricky - in fact they should be regularly repolished to maintain their finish and durability and WTF anyone would want them in an investment property I don't know! HOWEVER, IMHO; unless your contract states you have to re-polish them - I would not (although it's not that expensive).

3. Curtains are often listed as to be dry cleaned.

The situation you're in is because this is a market dominated by amateur LL who have unrealistic expectations, are running on a shoe string budget and never budget for R and M and think all tenants are corporate account based and won't fight this sort of crap. To cap it off, capital investments in property, building interior depreciation (fair wear and tear) and some repairs are not tax deductible I believe.

I would fight this to the letter of your contract and be prepared to settle matters in the small claims or international arbitration courts. Be firm and give a little to win a lot.
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JR8
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Re: Feeling screwed over by LL as I leave an appartment

Post by JR8 » Fri, 23 Nov 2012 12:02 am

offshoreoildude wrote: The situation you're in is because this is a market dominated by amateur LL who have unrealistic expectations, are running on a shoe string budget and never budget for R and M and think all tenants are corporate account based and won't fight this sort of crap.

Plus the OP suggests that the unit was new, so the landlord feels like his shiny new toy has been damaged (i.e. odds on he's taking it personally,rather than as a pragmatic business matter). It is an easy trap to fall into. In fact I let my home in London to a friend the first time I relo'd to SG, and the damages done really irked me hugely. [Now far in retrospect I realise he did no worse than another tenant would have, just as I'd rebuilt the interior together with my dad it became personal to me... ]


To cap it off, capital investments in property, building interior depreciation (fair wear and tear) and some repairs are not tax deductible I believe.

Depreciating property against tax is a quaint Americanism. (How I loved depreciating my 150 year old London properties over the required 30 years for IRS tax purposes... lol)

I would fight this to the letter of your contract and be prepared to settle matters in the small claims or international arbitration courts. Be firm and give a little to win a lot.

The concept of 'fair wear and tear' is subjective and arguments over it probably fund many lawyers' children through school. But try and detach yourself and think about it reasonably and dispassionately. What aspects of the W&T in the flat might have been expected from a reasonable tenant? The landlord might have visions of getting the unit back as-new, but the latter definition is what you need to work to and meet.

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Post by Callput » Fri, 23 Nov 2012 9:51 am

One suggestion I have for everybody is not to get a house with wooden flooring especially if you have toddlers or kids. Its a nightmare to maintain them :x

We live in constant fear that any water damage or abrasions caused when our 1 yr old daughter hurls stuff on the floor, could possibly have the landlord make us redo the flooring :(
Last edited by Callput on Fri, 23 Nov 2012 9:56 am, edited 2 times in total.

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ScoobyDoes
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Post by ScoobyDoes » Fri, 23 Nov 2012 9:52 am

The landlord might have visions of getting the unit back as-new, but the latter definition is what you need to work to and meet.

As soon as the owner decides to rent the place out, it is no longer 'new' no matter the condition. It is the same as driving a car out the showroom for the first time and instantly loosing 15% in the first 3m.

Any landlord not understanding that concept needs to be taught a lesson and agreeing (I can't believe it, twice in a day) that unless it is in your contract, leave it.
'When Lewis Hamilton wins a race he has to thank Vodafone whereas in my day I used to chase the crumpet. I know which era I'd rather race in.'

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Mi Amigo
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Re: Feeling screwed over by LL as I leave an appartment

Post by Mi Amigo » Fri, 23 Nov 2012 3:35 pm

ozgts wrote:Have left early and accept the commission thing via use of diplomatic clause
So presumably this means you are no longer in Singapore? That may make it more difficult to get a fair outcome. I take it they haven't yet returned [any of] the deposit, correct?
Be careful what you wish for

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Post by Mi Amigo » Sun, 25 Nov 2012 5:16 pm

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