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Tenants rights in Malaysia and return of deposits from owner

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asked on Dec 27, 2016 at 21:06
by   viru2all
Hi,

I have moved into an independent house recently in September and its been 3 months I have paid rent to the owner but on time. I have signed a 2 year rental agreement with the owner through a real estate agent. The owner apparently is a very rich guy and lives in a different state. I have never met him nor had a phone call and the real estate agent has coordinated everything.

(*Lies 1*) The realtor gave us this unit saying it did not had any tenants for 2 months but we came to know from our neighbor that this was in fact vacant for 1 year or may be more.

My complaints: I have been facing issues from day one and the issues have not been solved in spite of repeated requests.

Involved parties:
1 Realtor
2. Owner
3 Contractor (Owners assistant who takes care of his houses)

Issue 1:
On day 1 the water tank above the false ceiling was leaking. The water was dripping directly on the stair case which was very slippery and dangerous. This was reported to the realtor who then sent a contractor. The contractor as I understand is a close associate who handles issues for this houses in KL as the owner does not live in KL.

The contractor did manage to fix the leak temporarily until last week when the leak was terrible. The leak was much more and in different places also resulting in a 2 inch hole. The contractor came in and tried to fix something but after 2 days the situation went worse and the leak was much more like a tap water resulting in severe flooding on the stair case and on to the bed room down stairs. My mattress for completely wet and few other furniture's. Luckily I wasn't using this bedroom. The issue was reported back to both the owner and the realtor who again send some one to fix.

These plumbers also caused inconvenience by closing the main water connection which left us with no water even to flush toilets.

On top on this, due to the water leak my less than 2 yr old kid an infant slipped from the stair and hit his back head resulting in head injury and needed emergency medical attention.

Issue 2:
The master bedroom where we sleep has wild mushrooms growing from between the wooden flooring. In spite of reporting this to the agent and the contractor this has not been fixed till date (3 and half months).

Issue 3:
We have 5 bathrooms out of which only 1 bathroom was really manageable though this 1 bathroom shower was only replaced after 2 months due to bad water pressure. The other bathrooms have bad water pressure which are too slow to take shower.

(*Lies 2*) The contractor said to the owner that we were out of the country (we were in fact out of the country for 12 days so what did the contractor do before and after we came is my question.

(*Lies 3*) Apparently we understood from the realtor that the contractor also said to the owner that we do not allow the workers to come into the house which my wife and kids are at home. This is a lie again as were always waiting for him to propose a date to fix this issue at the earliest.

Due to all these major issue remaining unsolved and unattended, I have notified the owner to the place is inhabitable and would like to leave immediately provided my deposit is returned.

Owners reply: Though he asked us to vacate he mentioned that I would not get my deposit back as I am breaking the contract and that he would contact his lawyer if he can claim more money.

We are extremely depressed and stressed with this situation as we are forced to live in this inhabitable condition as we would not have money to give deposit else where to move to a safer place.

I have also written a mail to the owner and the realtor asking them to return back the deposit and resolve this peacefully without which I will lodge a police complaint and move to court. 

I have now officially lodged a police complaint against the owner and the realtor on this matter but were told that we need to approach civil court as the police cannot take any actions.

Highly appreciate if anyone can suggest a solution on how to deal to get back the deposit so can move to a safer place.

Br.
Viru
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2 Answers

answered on Dec 27, 2016 at 21:17
by   vkpc
The master bedroom where we sleep has wild mushrooms growing from between the wooden flooring. In spite of reporting this to the agent and the contractor this has not been fixed till date (3 and half months).

You are supposed to fix this yourself by cutting off the mushrooms with a pen knife.
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answered on Dec 27, 2016 at 22:21
by   viru2all
I don't have a pen knife but you can shave your.....if you have one?
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