Story:
I signed a one-year tenancy agreement with my landlord late November last year.
I told the landlord that I would like to activate the diplomatic clause (exact wordings except I hide my personal details below) as I was laid off by my company (end date: early August). The diplomatic clause states that:
"If any time after the expiry of 8 months from the date of commencement of this tenancy, XXX (my name and my FIN) shall be transferred out of the Republic of Singapore permanently by his firm, ceased to be employed by the firm or if for any cause whatsoever he shall be ordered to leave the Republic of Singapore, then and in such a case, it shall be lawful for the Tenant to determine this tenancy by giving not less than two (2) months notice or paying two (2) months' rent in lieu of notice. Such notice shall be served on the Landlord together with documentary evidence of transfer, cessation of employment or any other evidence. Such notice served on the Landlord shall be in compliance of Clause d." (The clause D refers to the pay cost of stamping of this agreement, basically from my agent, the cost will be around half monthly rental which is fine.)
My understanding about the diplomatic clause is that, if I have fulfilled the tenancy agreement up to 8 months (to late July this year), and am able to present the cessation of employment (which i did show my Landlord), I can give a two-month notice to end the tenancy agreement (so the end of tenancy agreement should be late September this year).
Recently, my landlord was actively looking for tenant replacement and one has shown interest to move in a very short time (early August). The July rental (21st every month) I paid covers my stay until late August. I told my landlord I am happy to move out as long as part of the rental is returned and the deposit issue is sorted out. However, my landlord refuses such request and insists I have to move out (same day the new tenant moves in) because the diplomatic clause should follow my employment end date, coinciding with the new tenant move in date. What she means is that once I no longer working in my previous company, the EP will be expired, and when the EP is expired, I will have to leave her house.
Now my questions are:
- Is my understanding about the above diplomatic clause wrong? My agent insists the landlord has a wrong understanding about this clause.
- Both my agent and I believe she will not release the deposit (or try all possible means to squeeze the money) to me, anyway I can protect my money?
- I know it definitely breaks the lease. If I tell the landlord I would like to use the deposit to pay my last monthly rental (anyway it is my last month though I know definitely will be rejected) and leave the country right away, are there any legal consequences of Singapore re-entry, working visa application (now in discussion with a new job here but chance not high)?
Thanks for reading such a long article
