REAL ESTATE MATTERS : How can Tenants guarantee the return of a security deposit? – Part 2

Juliet Risdon

In the final part of this 2 part article, we look what steps can be taken to maximize the possibility of getting back the whole security deposit when a tenant vacates a property.

3. What steps can you take to ensure you get your deposit back?

Some of the steps you can take to ensure that the entire deposit is returned as a whole;
Check your inventory
Replace any broken and missing items, and of course repair anything that could be considered damaged.
Arranging everything neatly so it can be easily counted is also a great help, and you will be surprised how long it takes to go through a full inventory count.

Check the contract
Are there any special conditions about the return of the apartment that you need to comply with? If so, you can either make sure that you comply with them or contact the agent or landlord ahead of time to make an alternative arrangement.

Give the correct notice
Each time a landlord needs to replace a tenant it costs them money. Ensure that you give enough notice in line with Macau law and your contract.
The Minimum Rental Contract Term according to the Macau Government Website on Tenancy, there is a MAXIMUM period of 30 years that a rental agreement can run, but there is NO minimum period.
If there is no time frame stipulated on an agreement, the government deems the agreement to be valid for 1 year.
Under Section 1038 of Macau Civil Code, the Landlord does not have right to terminate a tenancy agreement for residential purposes within 2 years from the starting date of the lease term unless it agreed by both parties.
Simply put, it means that if you have an agreement that is 2 years or longer, the landlord cannot terminate the agreement prior to the end of the initial 2-year period.
However if both parties agree to a shorter contract that will terminate after 1 year for example, this is a legally binding agreement.

Repair any damage –
Hanging pictures and mirrors in the apartment when you arrive is of course     standard procedure, but do make sure that you fill and paint the holes that are made in the wall before leaving.
A Handyman is not an easy thing to find these days. JML provide a service for clients to help find and book a handyman, and this can be extended to MDT readers if you are having trouble finding someone.
Return the apartment and any linen clean!
If you have pets ensure you do a deep clean of rugs, sofas and their favorite areas.
Remove all food from the fridge and freezer and ensure they are thoroughly cleaned, and getting a cleaner in to leave the place tidy and free from overflowing trash bags will also be a big help.
Talk to the landlord or their agent in advance about any concerns
Most of all be pleasant and helpful to the person you are dealing with and show that you are doing your best.

4. What Happens if things go wrong?

Despite everyone’s best efforts, sometimes things can (and do…..) go wrong.
A situation commonly arises when a Tenant and a Landlord have different expectations, and the content of the agreement is not crystal clear.
Once the element of trust is lost between the two parties, regaining that trust is almost impossible.
If there is a dispute, the 3 most common methods of resolution are;
Using a friend as a mediator
If you have a friend that speaks the same language as the landlord and has a reasonable disposition, it is sometimes a good idea to ask them to attend the final meeting.
Discussions via a third party can remove an element of emotion and help to smooth over mis-understandings. Language can be a barrier of course, and whilst there is always a danger of mis-interpretation, the risks are usually outweighed by the benefits.
Arbitration
You can look for arbitration if a resolution has not been reached, but both parties are hoping to settle the matter as quickly as possible and with minimal cost involved.
One resource available is the ‘WTC Macau Arbitration Center’ located in the World Trade Center as the name suggests.

Legal representation
If all else fails, you may be forced to take the legal route. Most reputable law firms will handle a Tenancy dispute relatively easily and with a standard process.
However, do be aware that the costs and time are involved are likely to be significant, usually adding up to the equivalent of one months rent. This should be factored into the equation prior to embarking on this route.

If you have any queries about this topic or for a general chat about property please feel free to contact JML.

Juliet Risdon is a Director of JML Property and a property investor.
Having established the company in 1994, JML Property offers Investment Property & Homes. It specializes in managing properties for owners and investors, and providing attractive and comfortable homes for tenants.

www.JMLProperty.com
[email protected]