MY TENANT DAMAGED MY PROPERTY: WHO'S RESPONSIBLE?

syazwan jafri
Feb 5
2 min read

You hand over your keys to a clean, livable home.

A year later, the unit comes back with cracked tiles, broken fittings, and cigarette burns on the floor.

Now you're thinking, "Who pays for the damage?".

Can you deduct it from the deposit? Can you sue?

Let’s break it down.

Normal Wear vs. Actual Damage

First, the law makes a distinction between:

Fair wear and tear (e.g. faded paint, minor scratches); and
Excessive damage (e.g. broken furniture, holes in walls, water damage from negligence)

Only the second category gives rise to liability, and the burden is on you, the landlord, to prove it.

What Does Your Tenancy Agreement Say?

Most tenancy agreements include a clause that the tenant must maintain the property in good and tenantable condition, and that they are liable for any damage beyond normal use.

This clause becomes your strongest tool when making claims for:

Damaged doors, locks, and appliances
Broken plumbing due to misuse
Wall stains, burns, or smashed fittings

If there's no written agreement, you'll need to rely on photos, witness accounts, and implied terms under tenancy law. Still possible, but harder.

Can You Deduct from the Deposit?

Yes, but only if:

You document the condition of the property (before and after);
You can justify the cost of repair; or
You give the tenant a proper breakdown or explanation.

In Low Hua Kin v. Ngan Koo & Anor [1992] 1 MLJ 300, the landlord deducted RM2,000 from the deposit without clear proof of damage. The court ruled that landlords must justify deductions or risk having to return the full sum.

If the damage exceeds the deposit, you may consider pursuing a civil claim for the difference.

Final Thought

A rental unit is a business asset.

Like any business, clear documentation and agreements are your protection.

Before handing over the keys, take photos. Before returning the deposit, do an inspection with the tenant if possible. If damage is found, act quickly and always act lawfully.