Early termination of rental contract

[NYY1]

I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.

[Ganeshvaithi]

I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.

Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant

[NYY1]

I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.

Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant

I'm not sure why the landlord has to accept your proposal; you signed a contract.

Anyways, the economic loss is the difference in rent (plus some costs), so I kind of see why that may be the amount a landlord can sue for. But if so, there's really no need for a diplomatic clause; if people need to leave the country they just move out and send a check for the top-up amount. Maybe that is the case.

Expect to get a repair bill equal to or exceeding your deposit. Plus, there's no guarantee they can find a tenant "suitable" for them. So the longer it is vacant, the longer you owe the full rent. If it is vacant, I would think you need to keep paying the full amount but check with someone or do as you please.

Let us know how it goes.

[abbby]

What's the update on this? Would be interesting to know..

[majnjep]

What's the update on this? I've recently had the similar cases with landlord and very stressful

[LilacD]

Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?

[PNGMK]

Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?

Eviction and sue for unpaid rent. Alternatively negotiate a new contract with the remaining occupier as the main tenant.

[YYCole]

interestingly, i just break my TA. I made sure and also paid up when i sign the TA to have the clause added which allow me to break the TA and i will forfeit my deposit. That allowed me to get out of the TA, as i managed to find a place that is cheaper to rent after taking into consideration of the deposit im forfeiting. Rent is really coming down fast

[Ganeshvaithi]

Would like to update this thread on how this got settled.
1. I had come across a really good lawyer firm IRB. They gave free consultation first and asked me to proceed in certain ways to resolve this amicably with the LL. They don't want to get hired for giving these tips. Since LL didn't agree, I had to hire IRB finally
2. They issued legal notice to LL on their unlawful claims and listed out clearly that how I was ready to resolve this and how LL was becoming a showstopper in all my efforts to settle this
3. LL responded back with their claims and agreed to look for replacement tenant
4. We looked for tenant but LL rejected all the potential tenants I brought
5. I had to move out of the house breaking the TA
6. LL did an assessment of the house. Claimed for damages, rental deficit for remaining months(we agreed for a possible tenancy amount with new probable tenant)
7. There were some negotiation on this part and finally agreed for an amount and settled it

This is exactly what I proposed at the initial stage itself (I e., ready to accept the damages and rental deficit). But it had to go through lawyers adding more headache and stress.

Lesson learnt: No LL can hold you accountable for complete rental amount if you are breaking the contract. However tenant must agree for rental deficit, damages, total loss for the LL, while LL should take efforts for finding a new tenant. This is as per law.

Going through the course of legality would sound really cumbersome and it is. However, in Singapore there are quite a few channels using which you can get good idea to know what you are legally allowed etc.,

[Pal]

Thank you for the updates.

I am sure this post will help many Tenants facing similar issues.

[Ganeshvaithi]

Hopefully it will. And I would be glad to assist anyone in 1-1 if required. I had gone through the entire cycle end to end and explore all the possibilities. Have spoken with 10+ lawyers/firms before finalising one to help me with. I know the pain I had gone through. Would be happy to share my experience in detail with anyone in need(though I hope noone gets inti these situations)

[LeonardNg]

It’s crazy how the landlord is being so rigid even after you offered to forfeit the deposit. From the outside, it looks like you’ve done everything you can to resolve it without drama.

Good call on checking with lawyers and looking into SCT. That 20-min free consult sounds like a great resource — would love to hear how that goes if you’re up for sharing. Might help others too.

Hope things move forward smoothly from here. You’ve handled this like a champ — wishing you all the best for a peaceful resolution soon.

[Ganeshvaithi]

Sure, I can give more info on that 20mins session. Sct is providing 20mins free consultation on any legal topics.
1. No online booking
2. You need to visit the court by morning around 8:30 and take a token for free consultation. You will get this right at the lobby reception
3. Only limited counselling available each day. First come first serve basis. Once the daily quota is over they will stop giving token. So it is better to go early as 8:30
4. There is an income quote to make anyone eligible for this free consultation. It's around 140K per annum if am not wrong. Sct website should have latest details. If the salary is above this, I would suggest to give a try still
5. Once you get the token and go in, you will be called in once your turn comes.
6. There will be a senior lawyer appointed by the court
7. In my case.. he listened the complete history and had gone through the documents and then he gives his perception on what or how we should proceed further
9. He will also explain what we are eligible legally Nd what we are not anf then he will guide us with possible next steps
10. Note this is jus one time consultation. So you have to use it to the fullest. Near preparation on what you need and how U are going to explain will definitely help
11. Additional bit.. this free consultation is done at certain community clubs on a weekly basis, Sunday and other community/social centres.. jus Google for free legal advices community services or something like this
12. I would have spoken with at least 7-8 lawyers/firms. Everyone entertains talking for 5-10 minutes maximum and then asking to book an appointment for initial consultation..comes with a free of 200-600 SGD
13. I used irb. I must say I am lucky to get them. They are super good. They did 1 hour consultation first with no cost, advised me certain steps.l, and asked me to engage them only if those initial steps don't work.
14. They were good from cost point of view as well..without quoting any big fee at the first step itself, they took it step by step and did things on a nominal fee for each step.
15. If anyone needs, I can provide the contact of the lawyer who helped me. Again, she was super good

[Wd40]

I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.

Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant

I'm not sure why the landlord has to accept your proposal; you signed a contract.

Anyways, the economic loss is the difference in rent (plus some costs), so I kind of see why that may be the amount a landlord can sue for. But if so, there's really no need for a diplomatic clause; if people need to leave the country they just move out and send a check for the top-up amount. Maybe that is the case.

Expect to get a repair bill equal to or exceeding your deposit. Plus, there's no guarantee they can find a tenant "suitable" for them. So the longer it is vacant, the longer you owe the full rent. If it is vacant, I would think you need to keep paying the full amount but check with someone or do as you please.

Let us know how it goes.

Sorry, I didn't quite understand what you mean by "there is no need of diplomatic clause".

Diplomatic clause allows the tenant to break the lease after 12+(2 months notice) months provided they are leaving the country and they don't have to pay any of the remaining rent. The deposit must also be returned in full minus any damages and minus the prorated agent fee paid by the owner. No?

[NYY1]

Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant

I'm not sure why the landlord has to accept your proposal; you signed a contract.

Anyways, the economic loss is the difference in rent (plus some costs), so I kind of see why that may be the amount a landlord can sue for. But if so, there's really no need for a diplomatic clause; if people need to leave the country they just move out and send a check for the top-up amount. Maybe that is the case.

Expect to get a repair bill equal to or exceeding your deposit. Plus, there's no guarantee they can find a tenant "suitable" for them. So the longer it is vacant, the longer you owe the full rent. If it is vacant, I would think you need to keep paying the full amount but check with someone or do as you please.

Let us know how it goes.

Sorry, I didn't quite understand what you mean by "there is no need of diplomatic clause".

Diplomatic clause allows the tenant to break the lease after 12+(2 months notice) months provided they are leaving the country and they don't have to pay any of the remaining rent. The deposit must also be returned in full minus any damages and minus the prorated agent fee paid by the owner. No?

Sorry, I think you are right.

I am just wondering if landlords can cancel contract too? I'll send you a check for moving costs and the difference in rent if any. The reverse of that is basically what's happened in this case.

I don't know why a landlord needs to accept a replacement tenant and whatnot, but that's just me.