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Can I get the landlord to replace the furniture after I have paid for the deposit?


 This is a real life story.  

My friend looked disturbed as she has found out that there is gross stain on the mattress in her newly rented apartment.  The problem is, she has paid for the deposit and the keys have been handed over to her.  She has started to pay for the rental.

My friend did the right thing, which I do think that she is smart.  Firstly, she remains calm and communicated with the landlord about her concern, i.e. she could not sleep on the dirty mattress and she has requested the landlord to replace a new mattress for her.  And this task has been passed to the property agent who has collected their agent for the said deal.

After all, it is only the beginning of the contractual relationship as a landlord and tenant.  I would say try your best to communicate your request before you move into or take possession of the rented property through the real estate agent.  Get ready a check list (request a check list from the real estate agent and do a thorough inspection before accepting the keys.

As the said apartment is a partially furnished apartment of which my friend has agreed to rent it on the basis that a mattress is included in the inventory list,  the landlord has the contractual obligations to provide the inventory (furniture) as agreed in the Tenancy Agreement.

The argument or the possible issue may arise would be, for the landlord, he or she may say that as long as a mattress has been furnished, he or she has satisfied the terms in the said Tenancy agreement.  As for the tenant, if she reasonably believes that the said mattress is too dirty and the stain is too gross, the landlord should replace for another one.

There is no hard and fast rule in the manner how this issue to be resolved as it is very much depends on the decisions of both the landlord or tenant.  If we consider for a long term landlord and tenant relationship, as long as the request is reasonable, for eg. to provide a clean mattress which can be reasonably slept on it, I would say, it can be achieving a win-win situation.

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