Disputes with Ex-landlords --PART II

Continue......

 

We waited up until 16^th January when I decided to lodge a report at Police Station Ara Damansara. 

After a lengthy discussion and explanation with the officer, the police officer helped to make a phone call to him and wanted him to meet me at the station.( he did not answered my husband's calls and keep silence).

At around 4.40pm on 16^th January, he came to the police station. When I was coming down from my car with my two kids, he came and handed me a cheque. I was wondering why he didn’t settle this in front of the officer and inside the police station. When I looked at the cheque, I was puzzled.

The amount was RM9,310. It supposed to be RM10,050 after deducting the RM1,950 repairing cost. This mean he further deducted RM740 which he did not mentioned previously in his so called "quotation".

He argued that he did not agree an amount RM460 due to repairing cost of air cond which incurred 7 months ago in April 2014. This amount was actually deducted from the rental paid to him in June 2014.  

He said according to the contract, if no prior approval from landlord, the tenant could not deduct any repairing cost from rental. 

I think he might be in such a hurry to "think" of any possible costs to further deduct from our deposit, he definitely had forgotten he sent me a message last year agreeing on the deduction of repairing cost and even a " thank you" message to me in relation to solve the problem for him!!!! 


Proofs as below:-

 

Another thing to show that he was really in a hurry to simply put in a figure to deduct from our deposit. 

The bill amounting to RM460 . We will only get him to pay for the defect parts which is only RM260. In fact, we paid for the service charge RM200 cleaning fee in the bill.

The water element part replacement cost which he agreed to pay as well. 

So, where on earth he come out with the cost of RM460??????

I did not accept his cheque as I did not agree on the amount (RM9,310). Besides, the quotation he showed me was not a proper quotation . It was just a A4 paper with his own handwriting.

See the original hand written amount was RM9.310??  This amount written on the cheque he supposed to give me at the police station which I had rejected.

I told him that I will still need to continue to lodge the report. He raised his voice and asked me to go ahead with it. I brought my 2 kids into the police station and continue to do the necessary.

On the same evening at  5.59pm , on 16^th Jan,  he sent my husband a text message with pictures of :-

(i)        a CIMB cheque of RM9,460 (which is another different amount from the cheque he wanted to give me earlier on); (see, it was different again from the amount earlier at the police station. I think he might have wrongly calculated since he was in such a hurry to issue the cheque....hahahaha); he should have consulted his "banker wife" first before doing this......

 

(ii)          a handwritten quotation with so many changes made; (THIS SHOWED THAT THERE IS NO PROPER CONTRACTOR QUOTATION AS HE MENTIONED TO US THAT HE NEEDS TO GET THE CONTRACTOR QUOTATION EARLIER IN DEC 2014)

(iii)         a cheque deposit receipt at Maybank Ara Damanasara Branch.

 

My husband reverts to him that he will inform the Maybank to stop the cheque clearance. It is because we do not agree on the amount.

Again, he asked us to go ahead.

The above were all supported by evidence on the messages on our phones, police reports and tenancy agreement.

On 17^th January evening, an Police Inspector called us up to obtain further information from us in relation to our lodgment. We told him accordingly and given Mr. Lee contact to him upon request. He further stressed that if it couldn’t be resolved, we may have to bring the case to court.

In fact, my husband and I are ready to escalate this matter. I believed we are not the only one who had encountered the similar problems with landlords in Malaysia.

Imagine those expatriates who are back to their home country and couldn’t do anything with the landlords on the issues of deposits.

I believed that if we did not lodge the report on 16^th Jan, he will not pay us on the same day when he was called in by the police officer.

We will either being delayed on the refund for a longer period and maybe with a further inappropriate sum of deduction with no proper quotation (he didn’t provide us with a “real” quotation from the contractor). 

On 19^th January, my husband contacted Maybank branch in Kuantan requested them to return and not to clear the CIMB cheque from MADAM TAN AI CHIN and MR LEE YUE MING.

However, the branch officer told us that they have no right to reject the cheque as it is the duty of the clearing house to handle this.

Further to this, my husband sent him a message on 19^th January, telling him that we will appoint a lawyer to issue a letter of demand for the followings:-

1)   Refund of Deposits;

2)   The agreed original quotation and invoices on the repairing cost of RM1,950

 On the same day, we also issued a cheque amounting to RM9,460 and bank in to his joint account with MADAM TAN AI CHIN.

On 20^th January, the landlord called my husband and wanted to speak to him. My husband was in a meeting and did not want to have any conversation with him.

At around noon time, a message was sent to my husband read as follows:-

See here, who is wasting whose time??

Currently,there is no rules and legislation giving protection to tenants in Malaysia and to handle their complaints. Hence, no action can be taken on the BAD landlords.

We had been listening and reading news that landlord took action against bad tenants. What about in our situation here?

 ........to be continued .........