Tenant wins against landlord
Published on: Friday, June 28, 2024
By: Crystal E Hermenegildus
Gaayathri expressed frustration about having to pay an additional rental fee just because she was required to clean and repair the premises before moving out.
Kota Kinabalu: A landlord at Alam Damai condominium in Jalan Bukit Padang agreed to refund RM1,800 rental deposit to a tenant after the latter referred the matter to the Consumer Tribunal.
Tribunal President Salmi Zalinah Abdul Rahim issued the award after both parties agreed to resolve their dispute.
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During the hearing, the claimant, Gaayathri Nadarajan, said she rented the condo with a deposit of RM4,500.
Gaayathri expressed frustration about having to pay an additional rental fee just because she was required to clean and repair the premises before moving out.
“After I moved out, the agent claimed the house was still not clean. So, I hired a cleaner and covered the cost of RM650 myself.
“What I don’t agree with is when the owner claimed she lost RM1, 800 and wanted to deduct it from my deposit without informing me,” Gaayathri said.
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The Landlord, Hiew Nyuk Siew, claimed she wanted to retain the deposit as she had lost potential rental income from the apartment.
Hiew claimed that despite Gaayathri being given an extra week to clean, the house was still not clean, and the heater and fridge door were damaged, even though Gaayathri had paid for other damages like the door and lightbulb.
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“The agent told me that the kitchen wasn’t clean although Gaayathri had hired a cleaner.
“She refused to pay me half for the fridge damage, so I covered the rest of the damages, and she only paid for the door and light,” Hiew said.
The respondent said she initially wanted payment for a full month’s rental, but when the claimant declined, she asked for half month payment.
In her defence, Gaayathri argued that Hiew wouldn’t be losing money since no one could rent the unit while she was staying there.
“I have text messages to the agent about the fridge door not sealing. She didn’t spend any money nor did she send anyone to repair it.
Gaayathri said the heater in the middle room was also not functioning and claimed it was an attempt by Hiew to cheat her by saying repairs would be done only after she paid for the damages.
“You want to wait until I move out, then repair the damages and charge me for half a month or a month? That’s unjust,” Gaayathri said.
Hiew then agreed to refund Gaayathri’s rental.
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