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MK11, Mont Kiara - Landlord Withholds Deposit (Kuala Lumpur)

Hi all, I thought I would share my experience with a Landlord here in KL. And hopefully you may be able to avoid some of the hassles associated with leasing an apartment in Malaysia.
I recently exited an apartment at what is considered an upmarket Condominium (MK 11, Mont Kiara) – and the Landlord held back the security deposit for items which were clearly wear and tear.

DISCLAIMER: This post contains general information and does not constitute Legal counsel or advice in any way, and should not be treated as such. You must not rely on the information on this post as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this post.

Before you Occupy:
Remember with Contracts: What you sign for is what you live with! So some clauses that you should be aware of;
1.Indemnification: Be wary of clauses that indemnify the Owner/ Landlord against negligence and wilful acts. At no time should you indemnify the Owner/ Landlord against negligence.
2.Servicing of Equipment by Tenant: E.g. Air conditioners, be clear about what is and is not to be serviced by the Tenant and frequency of such servicing.
3.Repairs to Equipment by Landlord: Be very specific about timeframe and choice of Company to effect repairs. It is preferable to have independent Contractor who does not collude with Agent/ Landlord to hold you liable for Repairs – Claiming that breakdown was caused by your negligence/ damage. (In my case the Landlord tried to blame me for an internal circuit-board failure!!)
4.Minor Repairs: The Tenancy Agreement may require that the Tenant pays for Repairs up to a certain value e.g. RM250. It is important that the clause states clearly that this is only up to a maximum of RM250 – Otherwise you will be liable for the first RM250 of every repair. And this not the intent of this clause. It is only to take care of minor and incidental repairs e.g. replacing of bulbs, hoses, etc.
5.Entry-Inspection: It would be wise to include in the Tenancy Agreement a clause or as addition to existing clause that Entry Inspection is to be accompanied by Photos of the premises and condition thereof.
6.Exit Inspection: This is very important! Ensure that a pre-exit inspection is written into the contract that must take place at least 2-weeks before you exit and final exit inspection to be concluded on the last day WITH a fault report provided on the day of Exit. Failure to secure this opens you up to a variety of claims for which you will not be able to defend yourself. And if you are an Expat that is leaving the Country, this could become quite problematic.
7.Exit Requirements: Know what is required when you exit the premises – Landlord will make all kinds of claims – all new bulbs with same wattage, dry cleaning all curtains, floor polishing, etc. etc. This should be in writing and agreed to upfront in the contract/ tenancy agreement.
8.Expat Exit Clause: This is usually on a 12 months, with two months’ notice period – this means a TOTAL of 14 months. Be aware of this requirement. You can request that it be changed to Protected content would mean an effective 12 months.

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