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[need advice] I lost my job & my landlord is kicking me out

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Re: [need advice] I lost my job & my landlord is kicking me

Postby curiousgeorge » Thu, 27 Nov 2014 12:13 am

PNGMK wrote:All you can do is find another job quick or leave the country (and your deposit) behind... even that is tricky as technically you are on the hook for the remainder of the lease.


I am sorry, that isn't true. Source: my battle with my ex-landlord.

I had to terminate a lease early due to a change in circumstances and reduced finances.

My landlord was also adamant that I couldn't break the lease.

I advertised and found a replacement to take over the lease for the remaining duration, then notified the Landlord whose reply was also "I don't want to lease to anybody else". I also pointed out that there was a clause permitting sub-letting (not my preferred route) with her permission, which was also (unreasonably?) denied.

I wrote to the Landlord again, telling her that I had done everything reasonable to ensure that she didn't suffer any financial loss, and that if she tried to recover any unpaid rent from me in a legal process I had the necessary evidence to prove that I had done everything reasonable to mitigate her losses and that *she* had refused to accept the solution.

The next phone call was "Does your new tenant want a 2yr lease?" Haha.

Find a replacement and force the issue. If it gets as far as court and she is being picky, the court won't take kindly to her "losses" is my guess.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby zzm9980 » Thu, 27 Nov 2014 2:04 am

nakatago wrote:
kclarins wrote:
ludwig12 wrote:What's your current residency status in Singapore?


Currently on EP. Landlord is the same.


EP landlord? I don't believe that's legal. One has to be PR or citizen and even with PR, there are a lot of caveats.


So I don't get this bit from you and SMS. If it is a private property (say condo), a foreigner can own it. Why can't they rent it (or a room) out? Is that explicitly prohibited?

Note that OP never said this was HDB. Later posts make me believe you're right for this case because of shadiness, but your statement here implies that all foreigners just cannot sublet a unit even if they own it.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby sundaymorningstaple » Thu, 27 Nov 2014 6:53 am

If you check my posts, I'm referring to those who are here on a G pass. This means they have residency of one form or another. If that's the case, MOM usually doesn't take kindly to those who have a sideline income. Sure, foreign investors can rent out their properties, and they pay 15% offshore taxes on net rental incomes (I take care of one such condo here out in Lakeside). But to work here and also have an unsubstantiated sideline income that is, in all probability, not being reported to IRAS either is the leverage I was referring to.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby nakatago » Thu, 27 Nov 2014 7:05 am

zzm9980 wrote:
nakatago wrote:
kclarins wrote:[quote="ludwig12"]What's your current residency status in Singapore?


Currently on EP. Landlord is the same.


EP landlord? I don't believe that's legal. One has to be PR or citizen and even with PR, there are a lot of caveats.


So I don't get this bit from you and SMS. If it is a private property (say condo), a foreigner can own it. Why can't they rent it (or a room) out? Is that explicitly prohibited?

Note that OP never said this was HDB. Later posts make me believe you're right for this case because of shadiness, but your statement here implies that all foreigners just cannot sublet a unit even if they own it.[/quote]

I never said anything definitive---me using "believe" but OP's additional information reveals the landlord is as shady as f**k, legal or not.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby kclarins » Thu, 27 Nov 2014 9:46 am

nakatago wrote:So I don't get this bit from you and SMS. If it is a private property (say condo), a foreigner can own it. Why can't they rent it (or a room) out? Is that explicitly prohibited?

Note that OP never said this was HDB. Later posts make me believe you're right for this case because of shadiness, but your statement here implies that all foreigners just cannot sublet a unit even if they own it.


I never said anything definitive---me using "believe" but OP's additional information reveals the landlord is as shady as f**k, legal or not.[/quote]

I am renting a room in a condo, with a shared bathroom.

Thank you for your advice. I will be posting ads to look for someone to take over my lease.

Apologies, but where can I post aside from .? Much appreciate the help.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby bro75 » Thu, 27 Nov 2014 10:14 am

Is the person you refer to as the "landlord", the owner of the unit you are staying at?

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Re: [need advice] I lost my job & my landlord is kicking me

Postby kclarins » Thu, 27 Nov 2014 10:21 am

bro75 wrote:Is the person you refer to as the "landlord", the owner of the unit you are staying at?


Well, we get the idea he isn't the owner. He tells us that we always have to keep our doors locked because the owner wants to come over to check the place. We have no qualms with that -- we even mentioned that just set a time and we can have a chat with the owner. Never happened.

There were only supposed to be four rooms (1 master, 2 other bedrooms, 1 storage) but he built a partition to have another room. When we complained, he said that we are only renting the rooms.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby zzm9980 » Thu, 27 Nov 2014 10:28 am

sundaymorningstaple wrote:If you check my posts, I'm referring to those who are here on a G pass. This means they have residency of one form or another. If that's the case, MOM usually doesn't take kindly to those who have a sideline income. Sure, foreign investors can rent out their properties, and they pay 15% offshore taxes on net rental incomes (I take care of one such condo here out in Lakeside). But to work here and also have an unsubstantiated sideline income that is, in all probability, not being reported to IRAS either is the leverage I was referring to.


If it was reported is it ok? I'm just curious because I always assumed this was not a problem as long as it was all private property and the owner paid tax, regardless of what kind of pass they were in the country on. I'd actually be shocked to learn if some EP holders weren't buying and renting out investment units.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby zzm9980 » Thu, 27 Nov 2014 10:29 am

Assuming all appropriate taxes were paid to IRAS of course.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby sundaymorningstaple » Thu, 27 Nov 2014 10:59 am

I don't really know, but it might be enough for the errant "LL" to have second thoughts about pushing the issue regarding the use of deposit and the lack of stamp duties having been paid. But I do know that offshore owners have to pay 15% offshore tax rates on Singapore generated income. The problem, I suppose, would be in the definition. If one does not own the property, then it's not investment income if you rent and then sublet. Then it looks like a means of doing a sideline income (especially if the rental is more than the "percentage" of occupancy vrs percentage of "rent" being paid to offset the main lessors rent, e.g., making a profit).

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Re: [need advice] I lost my job & my landlord is kicking me

Postby zzm9980 » Thu, 27 Nov 2014 11:18 am

I think we've established beyond a doubt that OP's landlord is definitely shady and and very likely doing something illegal. I will do some research and perhaps email MOM to see if I can determine if a legitimate EP holder is allowed to own a second private property and derive rental income from it.

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Re: [need advice] I lost my job & my landlord is kicking me

Postby JR8 » Thu, 27 Nov 2014 12:25 pm

kclarins wrote:
ludwig12 wrote:What's your current residency status in Singapore?


Currently on EP. Landlord is the same.


What status the LL is on is irrelevant. The issue rests on you and your TA. I'd suggest you focus on that.
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: [need advice] I lost my job & my landlord is kicking me

Postby JR8 » Thu, 27 Nov 2014 12:32 pm

kclarins wrote:I have recently lost my job. I have informed my landlord around 75 days (more than 2 months) about my situation, and that I will be breaking the lease. I have requested that she should use my deposit as my last month's rent, but she has refused unless I find a replacement for my lease. What rights do I have as a tenant?

There are no diplomatic clauses in my contract. I can send a copy to anyone who is interested to take a look and help. I cannot ask my agent because they are friends (I even once caught the agent taking a shower in my unit's common bathroom). Thank you very much.


Your deposit is against damages/dilapidations above and beyond fair wear and tear. These are gauged upon your check-out.

So you cannot take it upon yourself to imagine that the deposit can be offset against final rent. You have to perform as required per your contract [i.e. keep on paying rent], and then at the end of any agreed term, expect to receive back your deposit, less any agreed deductions. Suggesting otherwise will have already set alarm bells ringing...

Your obligations are set out in your tenancy agreement. I'd suggest not trying to modify them for your own personal convenience.
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: [need advice] I lost my job & my landlord is kicking me

Postby JR8 » Thu, 27 Nov 2014 12:38 pm

taxico wrote:stamping a TA is usually the tenant's (in this case, the OP) responsibility. even if it's not stamped, it does not "nullify" the entire arrangement to an extent that it causes inequity...


True, my understanding is that lack of stamping simply prohibits the TA being introduced as evidence in any later legal proceedings. I.e. in the eyes of the law the TA doesn't exist.

(Just my experience/understanding)
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: [need advice] I lost my job & my landlord is kicking me

Postby JR8 » Thu, 27 Nov 2014 12:41 pm

curiousgeorge wrote:I am sorry, that isn't true. Source: my battle with my ex-landlord.
I had to terminate a lease early due to a change in circumstances and reduced finances.
My landlord was also adamant that I couldn't break the lease.
I advertised and found a replacement to take over the lease for the remaining duration, then notified the Landlord whose reply was also "I don't want to lease to anybody else". I also pointed out that there was a clause permitting sub-letting (not my preferred route) with her permission, which was also (unreasonably?) denied.
I wrote to the Landlord again, telling her that I had done everything reasonable to ensure that she didn't suffer any financial loss, and that if she tried to recover any unpaid rent from me in a legal process I had the necessary evidence to prove that I had done everything reasonable to mitigate her losses and that *she* had refused to accept the solution.
The next phone call was "Does your new tenant want a 2yr lease?" Haha.
Find a replacement and force the issue. If it gets as far as court and she is being picky, the court won't take kindly to her "losses" is my guess.


Yes CG, the was the best course of action, and from the LLs position unassailable :)
'Do it or do not do it: You will regret both' - Kierkegaard


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