Posted by
bigdazza
15 yrs ago
I have rented out my property to a tenant. They are about to move out and are asking for the deposit back. However, the flat needs cleaning and some paint chips need fixing and a few other bits to restore the flat to the condition it was rented in. Where do I stand? Do I withhold the entire rental deposit until I have paid out for all the work then refund them the difference?
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maybe you should read up the posts under tenants asking the other way around ;-)
search for deposit in this forum
most contract say that wear and tear is to be accepted, so that would 100% for sure include paint chips, cleaning, etc. in fact it sounds to me that your flat was returned in good condition if it's only these issues.
as a landlord it's normal to have to invest some money until the flat can be rented out again.
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Please note that whether the landlord can withhold and forfeit or deduct deposits depends on the intention of the parties as to the purpose of the deposit as set out in their lease. If it is for security for rent only, the landlord may not withhold the same if the landlord discovers that the premises are in poor state of condition. On the other hand, if the deposit is for the performance of the tenant's obligations in general, then the Landlord may be able to withhold the deposit and use the same for settling repair costs, etc. Whether the damage of the premises was caused by the tenant may be subject to dispute.
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What is considered fair wear and tear? Scratches on the floor boards? Wall discoloration due to the humid weather and scratch marks ?Holes up on the ceiling where the light fixtures were?
My landlord has kept my deposit (18K) for 3 months and he wants me to replace the entire floor of the apartment because of some scratch marks on his wooden floor boards.
I told him to get stuffed, and it is now with the small claims tribunal. We went for the first hearing, and have another hearing set for nov. I returned the apartment is tenant able condition to him. Sure, over the course of 15 months, the walls got a bit dirty, and when we were moving out, the removal people made some scratch marks onto the floor, accidentally.
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surely a tenant must leave a place, as clean as it was when they moved in? When I rent, I always leave a property looking like it is new when I leave, I expect the same from my own rental property. As for holes in the ceiling or walls, I dont think you could class that as fair wear and tear.
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kiwi, wear and tear is defined by law and one doesn't have to leave the flat 'as new' in hong kong. also holes in the wall/ceiling that stem from fixtures/paintings are considered wear and tear.
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so if a tenant drills holes in the walls/ceiling that is ok? In my agreement the tenant has to get written agreement from the landlord to carry out any work. Is it not fair to put in that written agreement, to return the apartment to original condition on leaving? I guess it all comes down to whether one respects ones own and others property and the relationship between the tenant and the landlord?
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