How to get compensation

Hello,

Different condominiums have different rules about who is responsible for leaking between floors. Some say the owner upstairs is responsible and some say that the repair charges should be split between the two parties. you can ask the Management about this as it will be mentioned in the By-Laws or House Rules and every owner or tenant is entitled to have a copy of those By-Laws. However, please understand that the Management and the Management Councils have no obligation to get involved. It is a matter between the landlords of the two apartments to sort things out. However, the Management will usually try to mediate and sometimes arrange the repair work to be carried out but only if the responsible landlord agrees with the costs. Management Councils do not really get involved with such matters but they should recommend to the Management to help mediate a solution.

This type of problem is very common in condos and it sometimes takes years and years to get a solution if the two parties do not get on well or disagree. You have not told us what type of leak it is and from where, but your own landlord could get a waterproofing contractor to inject foam into the leaking area.

I am surprised that the Management does not give you the contact details of the upstairs landlord, that is not very nice of them. Perhaps the Council has asked them not to or perhaps the upstairs landlord is a member of the Council. Which Management company manages your condo?

If I were you I would start looking for a new apartment to rent because this type of problem can take years to solve.

Try ask a lawyer

Hello again,

No please do not get a lawyer because the costs will mount up and in the end everyone loses out and also you don't want to piss off your landlord since he holds your deposits. You can't sue the landlord upstairs since you are just a tenant, at least I think it would be a complete waste of time.

Quite frankly, seeking compensation probably will achieve nothing. The best that you can hope for is that the landlord upstairs comes to some agreement with your own landlord to fix the leaking. These type of problems are very difficult to solve when either landlord is unwilling to address the problem, and my recommendation is still to move out as soon as you can fulfill your contract. Possibly if you speak with your landlord for leaving early he might return you most of your deposit if you can reach some agreement, although landlords rarely agree to this unless you have a very nice one.

As I said before, this is a problem between landlords and nothing to do with either the Management or Management Committee. The Management should really try to mediate but if the landlords don't listen then there is nothing they can do. So unless you are prepared to pay for the repairs yourself I would move out asap. Sorry to be so negative.

When I said ask a lawyer, I mean to say refer to a lawyer and not hire or get a lawyer. Who else can give better advice? If a tenant walks out, it is the tenant who breaches the tenancy agreement - if any. And who knows what the Landlord is up to! I believe, there could be some consultancy fees involved. But, isn't ignorance even more costly? It is in my opinion, it is not worth saving consultancy fee, as it may cause you greater loss!

Its a great pity that your property (carpets?) and the floor was damaged. However, if you or the owner have no insurance to make a claim and the value of the carpets cannot be proved, it looks like you have a deadlock. The owner is at liberty to decide if he wants to repair the floor.

joyce.ipoh wrote:

When I said ask a lawyer, I mean to say refer to a lawyer and not hire or get a lawyer. Who else can give better advice? If a tenant walks out, it is the tenant who breaches the tenancy agreement - if any. And who knows what the Landlord is up to! I believe, there could be some consultancy fees involved. But, isn't ignorance even more costly? It is in my opinion, it is not worth saving consultancy fee, as it may cause you greater loss!

Nobody is asking her to walk out of her contract. Afterall, if she walks out she loses all her deposits and that would be silly. The options are quite simple. Try asking her landlord that if he cannot solve the leaking problem with the upstairs landlord then would he be willing to allow her to end the contract early and refund the deposits. Maybe if she gives him two months notice or something like that then would he return back her deposits. Alternatively stop paying the rent until the leaking is solved. Then after a couple of months if won't matter so much if she loses her rental deposits. Her own landlord must also take responsibility for sorting out the problem. And the problem could be that one landlord wants the other to pay half or something like that. We just don't know.

I am a landlord and also a Council member at several condos. I know it is a waste of time consulting a lawyer, not just the cost but the amount of time necessary to send registered letters which in most cases have little effect. Landlords basically ignore lawyers letters. Even when a Court Summons is sent which will cost about RM1,500 they simply can delay it by saying they are not available on that particular date. It is not worth the hassle especially as we are talking about compensation for damage to a carpet and trying to stop a leak.

Safety81 was unlucky to have found herself with this problem. But when the two landlords are unable to solve the problem then she could consider what I have outlined above. As you well know, a landlord has no right to ask her to leave, to cut the water or electricity, to enter her apartment without her say so, to threaten her or to prevent her from entering the apartment. The choice is hers, and I am sure it is frustrating enough trying to deal with the problem of damaged carpet and leaking ceiling.

If I was in her position and my landlord refused to solve the problem, I would probably stop paying rent and then move out after two months. I believe it futile to expect compensation for the damaged carpet. As Gravitas says one should get insurance. Home contents insurance with most insurance companies only cost about RM160 - 180 per year witha maximum coverage up to RM30,000.

Lawyers are indeed a waste of money usually, what this is a reminder that in Malaysia either rent a condo fully furnished or buy a house. Condos are fraught with issues here and as foreigners we get the "dirty end of the stick"

The only realistic thing is to up and find out yourself - ask neighbours etc. It may well be that the owner is connected or the management company/council are useless like many are. in that case prob best to take it on the chin. I am lucky to live in one of the few that has decent management. But many are so bad. Caveat emptor applies in Malaysia.