Malicious Damage explained
Posted on
In the rental business, not all deals end with both sides being satisfied/happy. There might be events in which the tenant decides to lash out their disagreement towards the items on the property. When a property is protected by BlueDuck Zero Deposit (https://www.blueduck.my), the landlord will have one less issue to worry about but Landlords always have the misconception that all damaged items are claimable uncertain if it’s a wear & team items or malicious damage.
Now.. Let's define MALICIOUS
The definition of malicious is showing spite or intentionally wanting to cause harm to someone. Besides that, malicious intent means the person acted willfully or intentionally to cause harm, without legal justification. An example of malicious activity is bending or damaging the blades of a ceiling fan.
DAMAGES
Damages imply physical harm that impairs the value, usefulness, or normal function of something. Damage "does not necessarily imply total loss of system functionality, but rather that the system is no longer operating in its optimal manner". Damage to physical objects is "the progressive physical process by which they break" and includes mechanical stress that weakens a structure, even if this is not visible.
MALICIOUS DAMAGE SIMPLY MEANS..
Malicious Damage of property can be defined as intending to cause damage to the property, or an intending to destroy it. Damage can mean defacing, marking, removing the property or even causing it to be broken. It can be as simple as kicking a door or punching a wall. The damage does not have to be permanent. The intention behind damaging the property can be either reckless or intentional.
SO, WHAT ARE THE TYPES OF CLAIMABLE MALICIOUS DAMAGES?
Types of Non-Claimable Malicious Damage
COMMON MISCONCEPTIONS ABOUT MALICIOUS DAMAGE CLAIMS
Now.. Let's define MALICIOUS
The definition of malicious is showing spite or intentionally wanting to cause harm to someone. Besides that, malicious intent means the person acted willfully or intentionally to cause harm, without legal justification. An example of malicious activity is bending or damaging the blades of a ceiling fan.
DAMAGES
Damages imply physical harm that impairs the value, usefulness, or normal function of something. Damage "does not necessarily imply total loss of system functionality, but rather that the system is no longer operating in its optimal manner". Damage to physical objects is "the progressive physical process by which they break" and includes mechanical stress that weakens a structure, even if this is not visible.
MALICIOUS DAMAGE SIMPLY MEANS..
Malicious Damage of property can be defined as intending to cause damage to the property, or an intending to destroy it. Damage can mean defacing, marking, removing the property or even causing it to be broken. It can be as simple as kicking a door or punching a wall. The damage does not have to be permanent. The intention behind damaging the property can be either reckless or intentional.
Types of Non-Claimable Malicious Damage
COMMON MISCONCEPTIONS ABOUT MALICIOUS DAMAGE CLAIMS
| Missing Keys/ Access Card | Might not be considered as the tenant might have misplaced it unintentionally. |
| Broken
Pipe Line (Internal) | Non- claimable as it might be caused by improper fittings during installation. |
| Wallpaper
/ Paint | Non- claimable as it can be claimed for it would mean to purchase and install/repaint the entire wall which is unnecessary. |
| Wear
& Tear Items | Non-claimable as wear and tear items are designed to break/damage after a certain period of time or excessive usage. |
| Electrical
Appliances | Claimable with supported by a technical report stating that the damage was done by the tenant (not by a lightning strike, or old age). |
| Broken
Kitchen / Wardrobe door | Cabinets with loose hinges or worn-off hinges would not be considered malicious damage. |
| Rubber
Items (Washer in pipes leaking) | Non-Claimable as rubber materials are considered a part of wear and tear items and might get damaged due to many other circumstances. |
ALL IN ALL..
It is always necessary for the Landlord to understand the difference between malicious damaged situations/items. Double check if items are sustainable throughout tenancy period shall reduce dispute to happen during the tenancy. With that, both the landlord and tenants are able to have a smooth tenancy.
ALL IN ALL..
It is always necessary for the Landlord to understand the difference between malicious damaged situations/items. Double check if items are sustainable throughout tenancy period shall reduce dispute to happen during the tenancy. With that, both the landlord and tenants are able to have a smooth tenancy.