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TOPIC: Need help URGENTLY!!

Need help URGENTLY!! 1 year, 5 months ago #18887

I'm a student renting a medium room in Setapak. I did not signed any agreement with the landlord/ agent, but i do pay the 2 and half months deposits to him. I've stayed here since May 2010. He told me (by sms) that i have to give him a 2 months notice before I move out or my deposits will be forfeited. Its alright with me so i suppose that we both agreed on it. The problem is, he contacted me today telling me that I have to find a new tenant to replace me in order to get back my deposits or it will be forfeited. But I have told him that I'm moving out in February 2010 in the EARLY (1st-5th, don't remember) November. Since that i have fulfilled my obligations to him by giving him 2-3 months notice in advance, so i told him to find the new tenants himself, But he threatens me by saying that there is a RENTAL LAW says that because I does not stayed for one year, I have to find him a new tenant to replace me or else he will forfeit my deposits. TAKE NOTE that we did not sign any agreement on renting the room.

Now my questions are :
1. Is there such law exist?
2. What can i do if I don't want to find a new tenant for him? Can I stayed for 2 more months without paying him the rental as he's owing me 2 and a half months rental and i doubts that he will giving me back.
3. What can I do if he doesn't wants to give me back my deposits?

Thanks in advance.

Re:Need help URGENTLY!! 1 year, 5 months ago #18905

There is no binding contract. Neither parties have binding laws to protect each other. By giving the landlord the deposit, do you have at least the receipt and its description prescribing Terms and Conditions?

Further questions to guru(s) here whom can assist:
Precedence to the above:

1) Does deposit taking without binding contract constitutes to illegeal deposit taking?

2) If deposit taking comes with a receipt,while no agreement signed, what agreement exists between since everything is purely verbal?

3) In this instance, must this situation be settled in the Civil Court?

I am not from Law Background, although do have a little, but I assume as a general common sense that this tenant could recover his monies via civil courts. No?

Re:Need help URGENTLY!! 1 year, 5 months ago #18907

If there is a cause, there must be a cause of action accrued on a specific date before a cause of action can technically be construed.

What do you think give rise to a cause of withholding deposit when the duration of the 1 year tenancy has not expired yet?

Some may dispute on this but, do remember, that the limitation period for any possible civil infringement of law (which is none here yet) is 6 years.
This means, if there is any rectification, then, what breach of contract is there to begin with ?

Let me ask a simple question, does the tenant intend to continue to rent for six years when even before the one year is up, he is already thinking of backing out?

So, is there a cause, really ?

That is my view.
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