MALAYSIA: One of the most common disputes between landlords and tenants revolves around deposit deductions at the end of a tenancy. While landlords have the right to charge for significant damages, many tenants feel unfairly penalised for normal wear and tear that naturally occurs over time.
A tenant in Malaysia recently voiced frustration after going above and beyond to clean the unit before moving out, only to face unreasonable deductions for minor issues. Despite hiring professional cleaners, deep-cleaning the air conditioner, and even painting over minor cooking stains, the landlord still wanted to deduct the deposit for dust on top of the refrigerator and small scratches on the furniture.
Efforts to maintain the unit go unrecognised
The tenant had lived in the apartment for one and a half years and, upon moving in, found it less than spotless. Dust, hair-clogged drains, and even rubbish left behind by the previous tenant were issues that were cleaned up without complaint.
However, when it came time to move out, the tenant made sure to restore the unit to a clean and liveable condition. Professionals were hired to clean the sofa, curtains, and bed, and an air-conditioner service was arranged. To further minimise deductions, kitchen stains were painted over, and all appliances were confirmed to be in working order.
Yet, despite these efforts, the landlord insisted on deducting the deposit for dust and furniture scratches, which the tenant believed fell under normal wear and tear. The situation worsened when the new tenant, described as extremely fussy, began complaining, leading the landlord to demand another deep cleaning session at the tenant’s expense.
What constitutes normal wear and tear?
Most rental agreements acknowledge wear and tear as the landlord’s responsibility. Over time, furniture will naturally develop small scratches, minor discolouration, and slight scuff marks, while surfaces will accumulate some dust, especially in areas that are not frequently cleaned.
The tenant’s frustration stemmed from the fact that similar minor issues were overlooked upon moving in. They assumed that as long as everything functioned properly and the space was clean, the landlord would return the deposit.
Unfortunately, the tenant did not take photos or videos when moving in, leaving no proof that some of these issues were pre-existing. This underscores the importance of documenting, through both photos and videos, the condition of the rental unit at the start of the tenancy to avoid disputes later.
Reddit reactions: Tenants weigh in on deposit deductions
Many Reddit users were not surprised by the landlord’s actions, with some suggesting that the deposit money had already been spent. One user bluntly stated that the landlord had likely used the deposit money already, a common suspicion among tenants who experience difficulties getting their deposit back.
Others emphasised the importance of reading the tenancy agreement carefully. One netizen pointed out that “natural wear and tear isn’t a valid reason for deposit deductions, especially for minor issues like dust and light scratches”. They advised that tenants should always keep receipts for professional cleaning services to strengthen their case. If disputes persist, involving authorities may be necessary as a last resort.
Another commenter suggested that wear and tear is “typically covered by the landlord,” making it the tenant’s responsibility to check the contract. They explained that if the tenancy agreement states that normal wear and tear is not chargeable, the tenant could challenge the deduction.
A frustrated renter shared their own experience in the comments, explaining that some landlords will do anything to keep a deposit. After renting a room for three years, they were charged for a new paint job simply because the white paint had faded slightly, an issue they believed was entirely natural over time. This highlights the reality that some landlords expect tenants to return a unit in “like new” condition, even when that is an unreasonable expectation after years of normal use.
The importance of proper documentation
This situation serves as a valuable lesson for tenants. To avoid unfair deposit deductions, tenants should document the unit’s condition upon move-in by taking detailed photos and videos of every room, including furniture and appliances.
They should also ensure that all agreements on repairs and cleaning are in writing before moving out to prevent disputes. Referring to the tenancy contract is essential, as many agreements specify that normal wear and tear is the landlord’s responsibility.
Keeping receipts for professional cleaning services can also serve as evidence that the tenant made efforts to return the unit in good condition. By taking these precautions, tenants can better protect themselves against unfair deductions and disputes over deposits.
While landlords have a right to deduct deposits for actual damages, tenants should not be charged for normal wear and tear that occurs over time. Ultimately, both landlords and tenants should approach deposit refunds with fairness and transparency to avoid unnecessary conflicts.
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Featured image by Vecteezy (for illustration purposes only)