Click here to go to our new forums at
If you are a Forumosan Regular, when you log in for the FIRST TIME, you must RESET your password by using the Password Recovery system.

Usernames on the new forums must not contain any SPACES and must end with LETTER or a NUMBER; if yours does, you will be prompted to change your Username
Contact us at admin(at)forumosa(dot)com or @forumosa on Twitter or on our Facebook Page if you have any questions or problems logging back in

Scare of Landlord Keeping Deposit

Can a foreigner buy...? Can a foreigner rent...? What about deposits? Bad neighbors? Unreasonable landlords? Miscellaneous problems?
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Scare of Landlord Keeping Deposit

Postby Confuzius » 24 Jul 2012, 00:43

We are moving, found a new house, but our lease overlaps 1 month. No biggie, right? Just eat the one extra month of rent. BUT....

We have had an ongoing problem with our main AC unit. When we first moved in, our landlord bought a new one. However, he has not done maintinence on it (the cleaning that is supposed to happen at the beginning of summer) now the entire thing is filled with water, sounds like a gurgling bear when on, can only get the room down to 27 degrees with being on max ALL day. I originally posted the problem here:

Landlord dealt with Carefour, who doesn't want to replace it even though it is still under warranty. So I brought over a repairman who was going to clean it, but my landlord refused to pay to clean it since the repairman said it may only be a TEMPORARY fix (which I thought maintenance was).

So now, we simply do not use it. We (wife and I) are both allergic to mold and have been having quite a bit of respiratory problems lately. Since we quit using this unit, they have been clearing up! But the landlord still refuses to do anything...

He blames us, says we "must use the ac wrong". WTF?!??! How can you use AC wrong? You turn the thing on, set it and voila! But he says we use it wrong. When I ask him how, he has no answer, just we "use it wrong" and refuses to do anything.

OK, so now to move and security deposit....

So I asked the landlord, nicely, since we have been patient with the AC thing (which has gone on for a over a month now...look at the date of my post, Jun 8) if he would let us out of the lease ONE month early since we found a new place-he refuses.

So, I was still thinking on paying our last month's rent, but my wife thinks we should not, since our LL is being a tool, blaming us for his lack of AC maintenance, who will then likely just keep our deposit plus have another month's worth of our money in his pocket-so better to be out 2 months than 3.

But is there an easy alternative? I would like to get my deposit back, but with how things are going I think my wife might be right, we should just bight the bullet, lose our 2 month deposit and not pay last month's rent (since, he is actually in breach of contract himself as the AC unit is written in the lease). So again, better to lose 2 months rent money than 3 since he is acting like this allofasudden. But is there a better way to go about doing this? Arbitration? I dunno, suggestions please! :pray:
"Knowledge alone is transitory, the outcrop subsequent to 'I desire all things'". - A. O. Spare
Combat Zone Mama-san (zhànqū māma sāng)
Combat Zone Mama-san (zhànqū māma sāng)
Posts: 1645
Joined: 05 Jun 2011, 08:09

Re: Scare of Landlord Keeping Deposit

Postby Confuzius » 24 Jul 2012, 00:45

Oh yes, and as suggested in the other thread:

Icon wrote:I strongly reccommend you and anybody else to call their shuidien han or general repair guy or the service department of the brand of their AC -Panasonic, Hitachi, Teco- and have them clean/do a general sweep of their AC's before starting them on for the season. Sometimes, the machines clog from not being used, and fires may occur. Sometimes they won't start or will not deliver enough cold air, or drain too much power, in which case they may need a reinstallment of the special gas they use or something else.

Confuzious, I'd hate to see you get electrocuted. Please call the shuidien.

Our electric bill was 7000nt over the last 2 months due to the stupid AC. We have the bill as proof and even showed the lanlord.
"Knowledge alone is transitory, the outcrop subsequent to 'I desire all things'". - A. O. Spare
Combat Zone Mama-san (zhànqū māma sāng)
Combat Zone Mama-san (zhànqū māma sāng)
Posts: 1645
Joined: 05 Jun 2011, 08:09

Re: Scare of Landlord Keeping Deposit

Postby Mucha Man » 24 Jul 2012, 00:58

Definitely don't pay the last month's rent but just tell the landlord this upfront as if it is no big deal. Actually it isn't, as many people, me included do this. Especially with a 3 month deposit (oh never ever pay one of those again) it is entirely reasonable.

So tell the landlord he can deduct the last month's rent from the deposit and that you'll collect the rest when you move out.

Edit: wait, you say you paid a two month deposit? Then at most you lose a month's worth.
“Everywhere else in the world is also really old” said Prof. Liu, a renowned historian at Beijing University. “We always learn that China has 5000 years of cultural heritage, and that therefore we are very special. It appears that other places also have some of this heritage stuff. And are also old. Like, really old.”
Mucha Man
Guan Yin (Guānyīn)
Posts: 19980
Joined: 01 Nov 2001, 17:01
Location: Mucha, of course

Re: Scare of Landlord Keeping Deposit

Postby maunaloa » 24 Jul 2012, 03:09

Your lease should state that "ordinary wear and tear" is excluded from items chargeable against the security deposit. Ordinary maintenance of appliances is the Landlord's duty.

Instructing the landlord to use the security deposit for the last month's rent is technically a default, but usually just an NSF charge, since base rent and security deposit are different accounts. So... request permission to use the security deposit for the last month's rent, and if the landlord agrees IN WRITING (email is fine), no default.
Martyr's Shrine Guard (zhōngliècí wèibīng)
Martyr's Shrine Guard (zhōngliècí wèibīng)
Posts: 1787
Joined: 29 Jul 2007, 10:55
Location: Oafu-tou

Re: Scare of Landlord Keeping Deposit

Postby ironlady » 24 Jul 2012, 14:00

I have often found that asking gently about whether the landlord has reported the rent money on his taxes helps to shake things like retained deposits loose quickly. They do not want you letting the Tax Office know they are collecting rent money, because almost none of them pay taxes on the income.
Terry Waltz, Ph.D
Click here to Finally Learn Mandarin!
Squid for Brains Learning Games -- not your nainai's flash cards!
...although his father beat him every day, wishing him to learn the speech of Ts'e, it will be impossible for him [at least using current methods]...-Mencius
User avatar
Golden Lotus (huángjīn liánhuā)
Golden Lotus (huángjīn liánhuā)
Posts: 8711
Joined: 13 Nov 2001, 17:01
Location: A place where people can't sleep or teach English in McDonald's
In Taiwan since: 20 Jun 1984
Gruntleness: Semi-gruntled

   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.

Return to Legal Issues in Real Estate & Housing

Who is online

Forumosans browsing this forum: No Forumosans and 3 guests