Dealing with Chinese Landlord

[Brian US]

Thought I saw a thread already on this, but wanted to know how people would deal with these situations:

My friend has had a stream of bad landlords as the last place just gave her 3/4 of her deposit back. There was basic wear, but mostly from prior tenants. She knew it was sketchy because the landlord reached into one pocket to grab exactly 2000 kuai and another pocket to grab exactly 1000 kuai. The total deposit was 4000 and my friend figured the landlord never planned on giving a full deposit back before even seeing the apartment. Probably planned to give only 1000-2000 depending on how much "damage" they could find.

Now, in her new apartment this week, my friend ran the laundry machine and left for the day. Came back to the apartment flooded and noticeable damage to the wood floors. The problem was from a backed up pipe that the shower and washer share. After getting a plumber it seems it was mainly from hair in the shower. The landlord blamed my friend for the damage even though she just moved in a week ago.

From my experiences in the States I always take before and after pictures of my apartment. I have also been very detailed on check-in sheets, but found my landlords to be pretty fair in charging damages.

What would you do in these situations or do you have your own story?

[anonymoose]

I really think there's very little you can do in those situations. You just have to factor the possibility of not getting your deposit back into the cost when you rent the place.

Fortunately in the 3 different places I've had in Shanghai, the landlords have all been OK. Especially my current landlord. He bought a new fridge (as in really new, not second hand), and when I asked about a microwave, he also bought one of those. I wanted a desk to write and use my computer at, and he said "No problem, what size would you like?". When I pay the rent, he doesn't even bother to count it. I wish all landlords were like this. [Having said that, I think both parties have a responsibility, and even though I say so myself, I am also a very responsible tennant, so the landlord is also lucky.]

[Brian US]

I really think there's very little you can do in those situations.

I guess I was also wondering how effective 3rd party negotiations or the courts would be. I have heard of some instances back in the States where the landlord went for damages that exceeded the deposit. My concern is if the landlord wants my friend to replace the entire flooring.

[anonymoose]

I think it would depend on the sum of money involved. In the case of your friend, that's quite a difficult position, because even if she were to take it to court, there's no guarantee that she'd win the case, and the legal cost (not to mention the hassle if she cannot speak Chinese) might be more than is at stake anyway.

I guess negotiating would be a first step. I'd try to keep in non-confrontational if possible, as if it also becomes a "face" issue, the landlord is less likely to back down.

[kdavid]

My friend has had a stream of bad landlords as the last place just gave her 3/4 of her deposit back.

Your friend is lucky to have gotten that much back. Many landlords here in Harbin don't give any back... ever.

[Josu-]

So I was about to post some similar thing...the problem is, last year I shared a a flat with a friend, when the rent finished I had to go back to my country, but the landlord didn't came (on porpouse) so I guesed he will give the deposit back to my friend, but then he started to say there was some problems bla bla bla, he said he will give the money back after a while...then I returned to china (my friends was in his country) and the landord said he need the two of us to be here, then he said he was out of town...and now that the two of us are in Beijing, he said he have come back to his hometown and he will never return to Beijing (this, of course isn't true). The problem is that he has alreade sold the flat...so, is anything we can do? The deposit was of 2400 (though he wrote in the paper of the registration just 1200) I guess he expected we will never return to china...

[chrix]

yeah happened to colleagues of mine in Texas, the landlord kept the deposit thinking that everyone had left Texas for good. But he got sued and had to pay up... I think won't work that well in China...