If you are in the right then you have nothing to lose , the landlord can't do anything regarding your employment.Blessedbiatch wrote:Hi Strong Eagle,
Thanks for your input but any advice from the legal aspects please
QOUTE
- Should I inform the LL that I am not agreeable to pay the repairs?
+They claim and delays in repairs the lost rental yield will be for my account!
- Should I make a police report first?
- Should I infomr him that I plan to file a claim with SCT? Do I just file a claim secretly without alerting
him?
- Should I wait for him to file claim against me before I respond?
- His demand that I have unauthorised sublet the flat based on a postal mail
+ should he not have caught the "alleged unauthorised tenant in action"
+ or some other proof I was ''illegally'' subletting?
- Can the landlord back bill me for loss rent due to not agreeing to the $5000 repairs
- What if he gets a lawyer to send me a fancy/intimidating demand. How should I respond.
UNQOUTE
Blessedbiatch wrote:Dear Fellow Forumers,
I'm in a bind here and appreciate all help you can give.
My housemates and I recently completed a 2 year contract @$2500 monthly. We never gave any problems to the LL and monthly rent for the last 24 months was never ever late.
During handover the LL and their agent turned up.
The LL then started pointing out all sorts of damages - some clearly due to wear and tear - like scuff marks on white walls and paints chips on wooden doors, grease on kitchen tops. They basically expected handover in viewing condition.
They not only refused to return the deposit and demanded that I top up $500 during the handover. So now they are holding on to $3000 of my money.
It was my mistake to top up the $500. But I was alone and under duress when they threaten to contact my workplace etc etc but alas...
Its been 2 weeks now and a new development.
They have gotten a quote for about $5000 for the alleged damages and purported repairs.
In addition they have received a postal mail from our friend who previously used our address as a mailing address when he returned back to home country. This friend did not stay is not a tenant at the apartment in question.
They now insist I have sublet the apartment unauthorised and in breach of the tenancy agreement. They will forfeit the $2500 1 month deposit and have asked us to pay an additional $4500+ ($500 that was topped-up during handover)
This is excessive and almost extortion.
They been sending me numerous intimidating txt messages through their agent that they are losing rental yield while waiting for our approval to proceed with repairs to the tune of $5000. They will take legal action against me, inform my employers etc etc
I'm under severe stress now. $5000 is a lot of money for someone earning less than 1/2 of that monthly.
So now they are withholding $3000 of my money and demanding more. I have read through the forum and understand I can file claim for the $3000 at the SCT. But what should I do?
- Should I inform the LL that I am not agreeable to pay the repairs?
+They claim and delays in repairs the lost rental yield will be for my account!
- Should I make a police report first?
What would you like to report to the police?
- Should I infomr him that I plan to file a claim with SCT? Do I just file a claim secretly without alerting
him?
If you think you have a case, you may send him a letter of demand asking to return your money within given time and warn him that if he does not comply you will go to STC.
- Should I wait for him to file claim against me before I respond?
He will not do anything. He already has your money plus $500 beyond the deposit. BTW, the later may be seen as an acceptance of his initial demands.
- His demand that I have unauthorised sublet the flat based on a postal mail
+ should he not have caught the "alleged unauthorised tenant in action"
+ or some other proof I was ''illegally'' subletting?
IMHO, mails are not good enough for such claims. I also expect you can prove his claims to be void pretty easily, or not?
- Can the landlord back bill me for loss rent due to not agreeing to the $5000 repairs
Not for not agreeing. But he may try to "bill" you for the loses in rent related to the time he could not let the flat out because it needed the repairs (assuming his demands are valid).
- What if he gets a lawyer to send me a fancy/intimidating demand. How should I respond.
This would depend on whether his demands are valid or not. For sub-letting, they don't seem to be valid. For the damages to the apartment, no way to tell based on your message.
Like mentioned my resources are limited and all this legal stuff makes me scared instead of excited to play with this landlord.
Any ideas on how to proceed with this rogue will be helpful.
Thank you so much everyone...
Blessedbiatch wrote:Hi x9200,
Thanks for replying
Should I make a police report first?
What would you like to report to the police?
- Should I infomr him that I plan to file a claim with SCT? Do I just file a claim secretly without alerting
him?
If you think you have a case, you may send him a letter of demand asking to return your money within given time and warn him that if he does not comply you will go to STC.
I suppose you mean a letter of demand form a lawyer?
You don't need a lawyer to write such letter unless you want to add ++$100 to your expenses. On the other hand a lawyer written letter may be worth to consider if you think it will have a significant effect on your LL's doing.
- Should I wait for him to file claim against me before I respond?
He will not do anything. He already has your money plus $500 beyond the deposit. BTW, the later may be seen as an acceptance of his initial demands.
The latter being seeing as acceptance of his demand, does it make any less likely for my case at SCT or letter of demand?
Frankly I don't know (in SG), but I know from some other countries that paying some of the requested money may be seen as what I mentioned earlier - you, basically admitting to the demands, and yes, in court
- His demand that I have unauthorised sublet the flat based on a postal mail
+ should he not have caught the "alleged unauthorised tenant in action"
+ or some other proof I was ''illegally'' subletting?
IMHO, mails are not good enough for such claims. I also expect you can prove his claims to be void pretty easily, or not?
Yes believe it is easy to disapprove his claim. Unless LLcan produce a hidden video cam showing illegal sublet on my part or discovering a T.A agreement I had between myself any the unauthorised tenant?
What you mean "unless"? Can he or can he not?
A proof could be for example: If your friend needs a visa to SG and with his valid passport for the period in question showing no valid visa to enter SG, or some other prove he lived somewhere else at that time. Anyway, I believe this is more like the LL's problem to prove it, not yours. Besides, this is also only a TA rhetoric to say you lose all your deposit money if you breach any of the terms.
You may also tell the LL to report you to the police/ICA if he thinks you were sub-letting to a third party. They will check your friend out and if he was not at that time in Singapore then case closed. Actually you may even tell your LL if he thinks this was the case, it is probably illegal for him not to report.
- Can the landlord back bill me for loss rent due to not agreeing to the $5000 repairs
Not for not agreeing. But he may try to "bill" you for the loses in rent related to the time he could not let the flat out because it needed the repairs (assuming his demands are valid).
Who will validy his demands? Do you mean he will bill me loss in rent assuming SCT rules in his favour do you mean?
The court will based on the delivered evidence.
- What if he gets a lawyer to send me a fancy/intimidating demand. How should I respond.
This would depend on whether his demands are valid or not. For sub-letting, they don't seem to be valid. For the damages to the apartment, no way to tell based on your message.
Thanks for advice and sorry for the ugly font color.
And it shouldn't be 'a game'. But it happens to so many peopleecureilx wrote:I suspect the landlord or the agent has no money to return and playing the game ... and you are falling for it.
I may be on thin ice here, but I would say, being a landlord here is easy, because of naive tenants, and nope, I don't mean to say tenants should be law expertsmartincymru wrote:In the UK being a landlord is tough. Here, it's easy.
My 2 cents says, most tenants get hood winked by agents and landlords, and more often than ever, the agents will use impressive words like "we cater for expats", or "this is singapore standard" or .. "this is the norm .. " etc. etcJR8 wrote:What do you say and caution people? Odds on you won't get your rental deposit back? If so, odds on you won't have any effective recourse to law that's just how it is in SG?
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