Landlord refusing to give back $73,000 of my deposit



ORIGINAL POST
Posted by Shaz26 13 yrs ago
Does anyone have any advice on how to go about recouping over $73,000 HKD (yes, you read that right) for so called damage to a wooden floor and freezer? We have just moved out of our old building 2 weeks ago and have since been arguing with our old Landlords (a company), about certain alleged damage to the apartment. They are now withholding our entire deposit (3 months worth) and have given us 3 days to accept they will be taking this amount or they will also start charging us "rent and rates" while this dispute carries on!? Can they do this?! As they have such a substantial amount of our money (the rent was never paid for or sub'd by a company), what can anyone recommend doing? I will get legal advice if I have to but this is money I simply dont have. A small claims tribunal will mean me losing money as those only go up to claims of $50,000. I know everyone says to withhold the last 2 months rent but we were allowed out of our tenancy early and therefore stupidly thought we would do the right thing and pay on time as we always have. Now the Landlords are threatening us with action if we decide to be vocal about them (ie. go on Facebook, march outside the apartment block, discuss it with current tenants). Any advice would be appreciated.

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COMMENTS
Sapphire 13 yrs ago
Well, as long as you haven't made $73,000 worth of damage to the apartment, then I'm with cara on this! Being honest, did you actually damage the floor and freezer in any way at all, other than normal wear and tear? If you did, then they have a right to take the cost for repairs/replacement out of your deposit and refund you the difference, but if it's just normal wear and tear then they shouldn't have a leg to stand on. Did your landlord, or their representative, not view the apartment to check for any damage while you were present before you handed the keys back to them (I thought this was normal procedure)? This would be the time when the landlord should point out any damage to you and if you don't agree you should take photographs to cover yourselves in the event of a dispute over the deposit ... I guess this didn't happen in your case? Regardless, if you know that you haven't made the damage, then I would do as cara says and get yourself some legal advice asap! These kind of people will walk all over you if you let them ... don't be bullied!!

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