I paid a large security deposit at the start of the lease. When I ended the lease, the landlord deducted a big amount from my deposit claiming damages. I think these are just normal wear and tear. What are my rights regarding deposit deductions?
Upon termination of a lease, a tenancy agreement typically provides that the tenant shall deliver up possession of the premises in “good, clean and tenantable repair and condition (fair wear and tear excepted)”.
However, there is no determinable standard for “good, clean and tenantable repair and condition”. Landlords are expected to accept a certain degree of wear and tear from aging and normal use. Both parties should exercise their reasonableness in determining whether the property is delivered in a condition that goes beyond reasonable wear and tear such that there is fault on the tenant’s part.
Unreasonable Deposit Deductions
If you believe your landlord’s deductions are unjustified, you may challenge them. Here are the recommended steps for dealing with unreasonable deposit deductions:
- Negotiate: Reach out to your landlord, explain why you think the damages are reasonable
- Request evidence: Request a detailed breakdown from your landlord specifying the nature and repair cost of each alleged damage.
- Seek legal help: If the landlord refuses to return the disputed portion and talks fail, consider consulting a lawyer and take legal action against the landlord.
For more on lease terms, negotiation tips, and legal responsibilities, check out our Ultimate Guide to Commercial Lease Agreements in Hong Kong.
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