Wear and Tear vs Tenant Damage in Malaysia: Who Pays for Repairs?
The first rule is blunt: normal wear is the landlord’s cost; tenant damage is the tenant’s cost. The second rule matters more in real disputes: whoever has the better move-in and move-out evidence usually wins.
A Malaysian tenancy agreement should state how the tenant must keep and return the unit. But the agreement alone does not prove that the tenant caused a mark, stain or broken fitting. You need dated photos, an inventory and repair evidence.
The line between wear and damage
Wear and tear is what happens when a person lives normally in a unit: faded paint, light wall scuffs, a loose handle after long use, thinner carpet on the walkway, sun-faded curtains. It is ageing, not wrongdoing.
Damage is beyond normal use: cigarette burns, pet urine damaging flooring, a cracked tile from impact, broken doors, missing fittings, unauthorised drilling, heavy stains, or mould caused by neglect after the tenant ignored ventilation or reporting duties.
| Scenario | Usually who pays? | Why |
|---|---|---|
| Paint faded by sunlight | Landlord | Normal ageing |
| Small wall scuffs from daily use | Landlord | Fair wear |
| Cigarette burn on sofa | Tenant | Misuse/damage |
| Broken tile from dropped weight | Tenant | Impact damage |
| Water leak from old pipe | Landlord | Maintenance issue |
| Mould from building leak | Landlord | Building/repair issue |
| Mould from blocked ventilation and no reporting | Tenant, if proven | Neglect |
Evidence before deduction
Do not start by arguing about the deposit. Start with proof.
A proper claim file has move-in photos, signed inventory, move-out photos, contractor quote or invoice, and a short explanation for each deduction. The explanation should say why the item is damage, not wear, and why the amount is reasonable.
If you cannot show the condition at handover, your risk of losing the deduction is high even when you are morally right. In small disputes, dated photos beat memory.
Betterment: the mistake that loses claims
A landlord cannot use one damaged old item to get a brand-new upgrade at the tenant’s expense. If an old curtain, carpet or appliance is damaged, the claim should reflect condition and age, not a new-for-old windfall. Charge to restore, not to improve.
This matters when repainting too. If one wall is damaged, claim the reasonable cost of that affected area. Do not charge the tenant for a whole-unit repaint because it is convenient.
Repairs during tenancy
During the tenancy, separate three buckets:
- Landlord maintenance: old wiring, plumbing faults, appliance failure not caused by misuse.
- Tenant damage: misuse, neglect, unauthorised alterations, avoidable breakage.
- Shared fact dispute: unclear cause, weak records, no timely reporting.
SPEEDHOME can be quoted as process authority here: repair disputes become easier when reports, photos, approvals, invoices and completion records sit in one system instead of scattered chat messages.
What to do before move-out
Walk through the unit with the original inventory. Photograph the same angles. List each issue separately. Get a contractor quote before finalising the deduction. Send the tenant an itemised statement, not a silent reduced refund.
FAQ
Can a landlord deduct from deposit for wear and tear?
No. Deduct only for proven damage, unpaid items or breaches covered by the agreement.
Who pays for a broken appliance?
If it failed from age or normal use, landlord. If it broke from misuse or neglect, tenant, if proven.
What is the strongest evidence?
Dated move-in photos, signed inventory, dated move-out photos and repair invoices.
