Landlord Refusing to Return Depoist and Extorting for More

[ecureilx]

I guess you missed my point, but ..

Have you considered that as an epitaph?

Possibly..

[[email protected]]

Hi Frnds,

My friend stuck in back situation. He signed LOI Letter of intent last sunday and paid 2000 as deposit. he suppose to sign the contract by this weekend. but unfortunately he lost his job and and he is on SVP now. He cant sign the tenancy agreement as his job is not secure. The owner and agent is refusing to give back the deposit money what they called as goodfaith deposit money. Can anyone please help what should we do?

[x9200]

Sue the landlord in the Small Claim Tribunal (SCT).
Report the agent to CEA - start with that, threatening the agent of these two action points and hopefully there will be no need to go to SCT.

Except some specific situations LOI is not a legally binding agreement.

[[email protected]]

Dear x9200, I read your few post and strongly believe you can help me with your advice. Recently my friend sign LOI for one unit. Before he sign the TA he lost his job and he is on SVP now. The agent and owner is refusing to refund the goodfaith deposit of 2000 sgd saying he already signed LOI. Is it legal ? is that anyway he can get his money back. pls let me know. I tried to PM you but its not going through. If possible pls PM me. lookig forward to hear from you.

[x9200]

But but but... I already responded above.

[[email protected]]

Yes, My page got refresh much later. Thanks for your reply. based on reply we spoke to the agent but she is telling we have done as per LOI signed. Its legal to forfeit the good faith deposit. As a owner, is owner allowed to rent property to SVP holder? My friend told her to go to CEA, it didnt help

[[email protected]]

"Except some specific situations LOI is not a legally binding agreement." what you mean by Except some specific situation? is is legal binding agreement in our case?

[x9200]

I would expect it's legal to rent but it is not legal for a person on SVP to live there. In other words, it may be legal to have the agreement.

As of the agent, if this is a standard LoI then what I said above. If she is not agreeable just say, fine, see your client in the court and that you will be also filing a complaint to CEA as a non-binding nature of the LoI should be well known to the agent, implying her professional conduct to be questionable.

If you have doubts, just think, even if your friend was going to proceed with the renting of the property, there is still a tenancy agreement to be signed and both parties have to agree on all the points. So what legal sense would it be of having binding LoI if no party is obliged to agree to the TA?

Nb. SCT is pretty easy going. You don't need a lawyer, you don't need to pay any significant money. Just a bit of time.

[[email protected]]

Thanks x9200 - we will give a try. will let you know outcome. You are really doing great job by guiding people like us. Thanks

[x9200]

You are welcome and hope it helps, but just please remember I am not a lawyer so if you want to have some extra assurance you may want to visit one - on the other hand, going to SCT (if it comes to that) will cost you few times less.

[x9200]

"Except some specific situations LOI is not a legally binding agreement." what you mean by Except some specific situation? is is legal binding agreement in our case?

When, for example LOI allows the tenant to take over the premisses before the actual TA is signed and the tenant moves in.

When the LL cashes the cheque of the good faith deposit and unreasonably refuses to agree on some less important points of the TA (its binding for the LL in this case).

When LOI stipulates from the LL some expenses to be made before actually the TA is signed and the tenant unreasonably refuses to enter the TA (expenses to be recovered from the deposit)

When the LOI is very detailed and it is de facto already the rental agreement.

[sgstrait]

Small claims court. There aren't any legal fees involved and your case will be heard very quickly. Nothing to do with Police as it's a civil matter, not criminal. In law, burden of proof is on landlord to prove his entitlement to the deposit. Based on what you've said so far, he hasn't met that burden yet. Small claims court judges have seen it all before, all the tricks, and will hold landlord accountable in accordance with the law. Then, if you win, and he still doesn't pay, then threaten his bankruptcy which will cause all his loans to be called, and eventually leave him broke.

[kukraj]

Going through messages in this forum make me feel sad.

Just got ripped of by LL of my deposit ( cool 2500$) inspite following all the terms and conditions of contract in good faith and principle, invoking diplomatic clause of giving 2 months notice that too after staying in property for 21 months.
I got suspicious about not getting my deposit back, when no acknowledgment by agents on my notice 2 months in advance. I followed up with due reminders but no response. I withheld the rent for last month suspecting that deposit will not be refunded. However just 10 days before my last day LL come to know that rent is not credited and agent immediately contacted me, when I raised the point of adjusting with rent they started threating me legal consequences ,so good for having good faith and prompt payment of rents for last 20 months and no single issues with LL. I on that day send my complaint regarding agent to CEA ( suspecting no refund and some shit threats they tried to gave me on call). However response of CEA was that LL agent will work in best of interest of LL ( which is hand in glove in robbing you of your hard earned money).
This was plain cheating case. where they had no intention of refunding deposit. And they knew since I am leaving Singapore they can get away. Any query on deposit is being threatened by saying that owner may have further claims against you... if asked let me know, I would like to settle. then response saying that since u left u will not settle whats the point...
I as formality threated about SCT, agent says owner is ready with her next steps
In my eyes this is a case of cheating, exploiting the situation and robbing u of money under pretense of agreement.
Why I say so, my repeated request to have a look at the unit and give me some approx. figure about how much you plan to deduct was never entertained.
No response to my notices for vacating the unit.
No clear claim sheet, how much they feel they need to cover the repairing of unit. Though I know through forum they can come up with rubbish numbers.

I am pretty confident that all damages/repairs shouldn't exceed 600( 3 ac servicing) + 200 ( if any sundry patch up ).. I should be getting back atleast around 1500$.

Can someone suggest any steps I can take? ( I strongly feel on ethical ground I should push this)
or should I just forget it as it happens to lot of other tenants in Singapore

cheers