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Can a tenant evict a occupant?

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davidleas13
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Can a tenant evict a occupant?

Post by davidleas13 » Sun, 19 Jul 2020 3:43 pm

Hi all

Currently me and 2 other people are together renting a condo apartment. In the tenancy agreement, I am listed as an occupant. Now one person, who is also listed as an occupant, wish me to be evicted, which is against my will. The third person, who is listed as the main tenant agree that we should reach an agreement so that I can be satisfied to move out. But the conversation is not going well, and I am preparing to close the conversation.

Under such circumstance, can the main tenant evict me, as an occupant? I pay my share of the rent monthly on time. Stamp duty is paid under the name of the main tenant, but I have also paid my share to the tenant.

Here are the only two paragraphs related to tenant/occupant in my TA:

The Landlord agrees to let and the Tenant agrees to take all that premises known as xxxx together with the furniture, fixtures and other effects therein (as more fully described in the Inventory List attached) for a period of xxx months commencing from xxxxxx, at the monthly rental in the sum of xxxxxx payable monthly in advance through GIRO Payment without deduction whatsoever on the xxx day of each calendar month.

To permit only Two (2) occupants who are registered herein to occupy the premises. The Tenant must produce original/photocopy of documents such as xxxx to prove his/her legal stay in Singapore to the landlord. At the Tenant’s cost and effort to find a replacement for any Occupant of a maximum of 2 Occupants subjected to Landlord’s approval. The Landlord shall not entertain any request by any Occupant at all time.

Thank you all.

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x9200
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Re: Can a tenant evict a occupant?

Post by x9200 » Sun, 19 Jul 2020 3:59 pm

davidleas13 wrote:
Sun, 19 Jul 2020 3:43 pm
Hi all

Currently me and 2 other people are together renting a condo apartment. In the tenancy agreement, I am listed as an occupant. Now one person, who is also listed as an occupant, wish me to be evicted, which is against my will. The third person, who is listed as the main tenant agree that we should reach an agreement so that I can be satisfied to move out. But the conversation is not going well, and I am preparing to close the conversation.

Under such circumstance, can the main tenant evict me, as an occupant? I pay my share of the rent monthly on time. Stamp duty is paid under the name of the main tenant, but I have also paid my share to the tenant.

Here are the only two paragraphs related to tenant/occupant in my TA:

The Landlord agrees to let and the Tenant agrees to take all that premises known as xxxx together with the furniture, fixtures and other effects therein (as more fully described in the Inventory List attached) for a period of xxx months commencing from xxxxxx, at the monthly rental in the sum of xxxxxx payable monthly in advance through GIRO Payment without deduction whatsoever on the xxx day of each calendar month.

To permit only Two (2) occupants who are registered herein to occupy the premises. The Tenant must produce original/photocopy of documents such as xxxx to prove his/her legal stay in Singapore to the landlord. At the Tenant’s cost and effort to find a replacement for any Occupant of a maximum of 2 Occupants subjected to Landlord’s approval. The Landlord shall not entertain any request by any Occupant at all time.

Thank you all.
To evict a person in Singapore that occupies premises for some reasonable time (is in "possession" of the premises) you need (1) court order; (2) writ of (re)posession. And above those, firstly, you have to be in breach of the TA that gives you the right to stay there.

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PNGMK
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Re: Can a tenant evict a occupant?

Post by PNGMK » Mon, 20 Jul 2020 8:33 am

davidleas13 wrote:
Sun, 19 Jul 2020 3:43 pm
Hi all

Currently me and 2 other people are together renting a condo apartment. In the tenancy agreement, I am listed as an occupant. Now one person, who is also listed as an occupant, wish me to be evicted, which is against my will. The third person, who is listed as the main tenant agree that we should reach an agreement so that I can be satisfied to move out. But the conversation is not going well, and I am preparing to close the conversation.

Under such circumstance, can the main tenant evict me, as an occupant? I pay my share of the rent monthly on time. Stamp duty is paid under the name of the main tenant, but I have also paid my share to the tenant.

Here are the only two paragraphs related to tenant/occupant in my TA:

The Landlord agrees to let and the Tenant agrees to take all that premises known as xxxx together with the furniture, fixtures and other effects therein (as more fully described in the Inventory List attached) for a period of xxx months commencing from xxxxxx, at the monthly rental in the sum of xxxxxx payable monthly in advance through GIRO Payment without deduction whatsoever on the xxx day of each calendar month.

To permit only Two (2) occupants who are registered herein to occupy the premises. The Tenant must produce original/photocopy of documents such as xxxx to prove his/her legal stay in Singapore to the landlord. At the Tenant’s cost and effort to find a replacement for any Occupant of a maximum of 2 Occupants subjected to Landlord’s approval. The Landlord shall not entertain any request by any Occupant at all time.

Thank you all.
The action needs to be taken by the LL, not the other occupant if there is no other sublet or subtenant agreement IMO. IF there is no breach of the TA the "main" occupant has no leg to stand on legally. However in practical terms (in order to leave if you wish) what you might want to do is use this as a reason to be compensated for leaving prior to the end of the lease for moving costs, new lease establishment costs and also have a letter stating you are not liable to for any further costs whatsover in the existing TA.
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davidleas13
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Re: Can a tenant evict a occupant?

Post by davidleas13 » Mon, 20 Jul 2020 12:54 pm

PNGMK wrote:
Mon, 20 Jul 2020 8:33 am
davidleas13 wrote:
Sun, 19 Jul 2020 3:43 pm
Hi all

Currently me and 2 other people are together renting a condo apartment. In the tenancy agreement, I am listed as an occupant. Now one person, who is also listed as an occupant, wish me to be evicted, which is against my will. The third person, who is listed as the main tenant agree that we should reach an agreement so that I can be satisfied to move out. But the conversation is not going well, and I am preparing to close the conversation.

Under such circumstance, can the main tenant evict me, as an occupant? I pay my share of the rent monthly on time. Stamp duty is paid under the name of the main tenant, but I have also paid my share to the tenant.

Here are the only two paragraphs related to tenant/occupant in my TA:

The Landlord agrees to let and the Tenant agrees to take all that premises known as xxxx together with the furniture, fixtures and other effects therein (as more fully described in the Inventory List attached) for a period of xxx months commencing from xxxxxx, at the monthly rental in the sum of xxxxxx payable monthly in advance through GIRO Payment without deduction whatsoever on the xxx day of each calendar month.

To permit only Two (2) occupants who are registered herein to occupy the premises. The Tenant must produce original/photocopy of documents such as xxxx to prove his/her legal stay in Singapore to the landlord. At the Tenant’s cost and effort to find a replacement for any Occupant of a maximum of 2 Occupants subjected to Landlord’s approval. The Landlord shall not entertain any request by any Occupant at all time.

Thank you all.
The action needs to be taken by the LL, not the other occupant if there is no other sublet or subtenant agreement IMO. IF there is no breach of the TA the "main" occupant has no leg to stand on legally. However in practical terms (in order to leave if you wish) what you might want to do is use this as a reason to be compensated for leaving prior to the end of the lease for moving costs, new lease establishment costs and also have a letter stating you are not liable to for any further costs whatsover in the existing TA.
Understand! Thank you very much!

davidleas13
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Re: Can a tenant evict a occupant?

Post by davidleas13 » Mon, 20 Jul 2020 12:54 pm

x9200 wrote:
Sun, 19 Jul 2020 3:59 pm
davidleas13 wrote:
Sun, 19 Jul 2020 3:43 pm
Hi all

Currently me and 2 other people are together renting a condo apartment. In the tenancy agreement, I am listed as an occupant. Now one person, who is also listed as an occupant, wish me to be evicted, which is against my will. The third person, who is listed as the main tenant agree that we should reach an agreement so that I can be satisfied to move out. But the conversation is not going well, and I am preparing to close the conversation.

Under such circumstance, can the main tenant evict me, as an occupant? I pay my share of the rent monthly on time. Stamp duty is paid under the name of the main tenant, but I have also paid my share to the tenant.

Here are the only two paragraphs related to tenant/occupant in my TA:

The Landlord agrees to let and the Tenant agrees to take all that premises known as xxxx together with the furniture, fixtures and other effects therein (as more fully described in the Inventory List attached) for a period of xxx months commencing from xxxxxx, at the monthly rental in the sum of xxxxxx payable monthly in advance through GIRO Payment without deduction whatsoever on the xxx day of each calendar month.

To permit only Two (2) occupants who are registered herein to occupy the premises. The Tenant must produce original/photocopy of documents such as xxxx to prove his/her legal stay in Singapore to the landlord. At the Tenant’s cost and effort to find a replacement for any Occupant of a maximum of 2 Occupants subjected to Landlord’s approval. The Landlord shall not entertain any request by any Occupant at all time.

Thank you all.
To evict a person in Singapore that occupies premises for some reasonable time (is in "possession" of the premises) you need (1) court order; (2) writ of (re)posession. And above those, firstly, you have to be in breach of the TA that gives you the right to stay there.
Thank you very much for the info! It helps a lot!

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