Landlord did not renew lease

[danielleleilalu]

My landlord did not renew our tenancy lease agreement for three months now but we still pay on time and she still accept our payments. I am staying in a master room with my boyfriend. She now wants to increase the lease but when we asked to negotiate, she declines and now says we need to leave due to the 6 cap rule. We are a total of 7 pax in the apartment which has partitions. She accepted the most recent tenant knowing she will exceed the cap, now she asked for increment, but when we didn't say okay in the very beginning, she threatens us with eviction.

1. With the lease being expired, does that make us illegal occupants here in the apartment?
2. Does the agreement on the expired lease now null and void?
3. Does that mean she can enter the room without our permission? (She changed the doorknobs of the other tenant in front of us before for late payment of rent)
4. Can she really evict us this way? (She has been trying to evict one tenant the past 7 months but the old man blocked her on WhatsApp, does not come out of the room when she is around, called the Police on her three times already, etc due to "safety hazards she claims he is violating" -- I don't really know the full story and I don't want to involve myself with them)
5. Where can I report her exceeding the cap and if I do so since I am the one with an expired lease (---for all I know since we don't check with other tenants and I highly doubt the old man she is trying to evict has a renewed lease agreement anyway given their relationship), will I still be the losing party here?

It is really difficult for us to find time to pack and move, nevertheless to look for a suitable room to rent in. We are also planning to move out of Singapore this year anyway so we just want to stay in for the remaining months ahead.

Thank you to anyone who will reply.

[therat]

1. is your landlord , owner of the unit or 2nd landlord mean s/he rent the unit and sub-rent out
2. this is HDB or condo?
3. Did you pay stamp duty for the 1st TA agreement?
4. did your landlord register you as HDB tenant officially (if is HDB)?

[sundaymorningstaple]

If the Unit has temporary partitions installed, it's likely that it has already exceeded the cap even before the new tenant. Worse case scenario, you can let the landlord know you are going to check on the cap limit for that specific unit. If it is an HDB flat then contact the HDB. If it is a shophouse/condo unit, contact URA. See if that changes her story. But be prepared to move as well, in either case as it already looks like the writing is on the wall with her trying to evict you.

[danielleleilalu]

Hi, thanks for asking, I'll answer with what I know.

1. is your landlord , owner of the unit or 2nd landlord mean s/he rent the unit and sub-rent out - When we ask her, she claims she is the owner. On the contract, she only wrote her first name, did not write down her IC number (in the past, usually the LL writes their IC number too in our experiences) there are two signatories and when using a translation, also when I ask my friend to translate for me, one side notes Owner (we don't even know the first name of this signatory), the other sign says Agent and she signs under Agent.

2. this is HDB or condo? It's a private apartment

3. Did you pay stamp duty for the 1st TA agreement? We did not.

4. did your landlord register you as HDB tenant officially (if is HDB)? It's a private apartment.

Any answers or ideas to my original post? This is really bothering me now and I don't know what to do.

Thank you so much

[danielleleilalu]

If the Unit has temporary partitions installed, it's likely that it has already exceeded the cap even before the new tenant. Worse case scenario, you can let the landlord know you are going to check on the cap limit for that specific unit. If it is an HDB flat then contact the HDB. If it is a shophouse/condo unit, contact URA. See if that changes her story. But be prepared to move as well, in either case as it already looks like the writing is on the wall with her trying to evict you.

What I don't understand is that why would we be the ones required to move when she made the decision to accept a new tenant knowing it is risky for her?

The old man next door who called the Police on her is so stubborn that she couldn't make him leave at all. She won't go legal on chasing him away, we might as well take our chances and do the same. However, if I involve URA, will they penalize us tenants? Will we be still asked to leave? Any ideas on what happens next when URA investigates?

Thank you so much for the reply btw. Its a relief to be able to talk to people regarding these matters.

[therat]

Hi, thanks for asking, I'll answer with what I know.

1. is your landlord , owner of the unit or 2nd landlord mean s/he rent the unit and sub-rent out - When we ask her, she claims she is the owner. On the contract, she only wrote her first name, did not write down her IC number (in the past, usually the LL writes their IC number too in our experiences) there are two signatories and when using a translation, also when I ask my friend to translate for me, one side notes Owner (we don't even know the first name of this signatory), the other sign says Agent and she signs under Agent.

2. this is HDB or condo? It's a private apartment

3. Did you pay stamp duty for the 1st TA agreement? We did not.

4. did your landlord register you as HDB tenant officially (if is HDB)? It's a private apartment.

Any answers or ideas to my original post? This is really bothering me now and I don't know what to do.

Thank you so much

1. the landlord is 2nd landlord. S/he is not the owner.
No owner will do that kind of TA. The real owner might not even know his unit has such activities.
3. TA w/o paying stamp duty mean - it is not legalize.

You can complain to URA for cap 6. But as SMS has mention, prepared to move out.

You mention "translate for you". The TA written in what language?

[danielleleilalu]

Thank you @therat. Follow up question, will there be a chance we be deported or have our pass revoked due to this? The old man is a local btw.

The TA is in Chinese with English translation but the signatories designation are all in Chinese.

[therat]

deported or pass revoked -- I dont think it will go to that extend. Unless you overstay or do anything against the law.

To answer to your Q
Pt 1 and 2, since your TA is not legalize. In the eye of law, there are no lease. This is between you and the so-call landlord.
pt 4, she has no legal right to evict you bcoz she herself is doing doggy thing. I think that's why she cannot do anything on next door uncle. She only can force you, make your life difficult.
Pt 3, I will call police, if she change my room lock
Pt 5, as SMS suggest

[therat]

https://singaporelegaladvice.com/law-ar ... ext-steps/

Being Evicted in Singapore: What Happens and Next Steps

Just sharing some information about evict.
To evict tenant is not that simple.

[danielleleilalu]

Thank you so much @therat. We will continue looking for rooms now and I hope URA will still investigate even if we move out and she find a replacement. Her behavior overall is something she should work out.

Appreciate your time and effort helping us out.

[danielleleilalu]

https://singaporelegaladvice.com/law-ar ... ext-steps/

Being Evicted in Singapore: What Happens and Next Steps

Just sharing some information about evict.
To evict tenant is not that simple.

Thanks for that article.

Just want to ask, been reading old news online regarding URA investigating building managements, landlords, etc.. exceeding the cap and saw that at some point when they give warning and if the owners comply, they won't do any further actions. Any ideas if they will look into past transactions? Honestly, I feel like my LL should pay the fines. They can't always get away.. just my thoughts.

I can't find anything about what happens to the tenants renting after URA investigates? Will they be right up asked to leave in one day or be given a month at least or something? Just a bit worried since I already sent an email to them and they responded with "they will look into the matter". I just want to be prepared, not that I'm not actively looking for a new place to stay, just need a timeframe.

Thank you.

[PNGMK]

URA is not to be messed with. They will bring the hammer down. As you don't appear to have a written or valid lease you could be asked to move out by the police if they are called IME (as you may be considered to be a trespassser). To prevent this keep records of rent payments and any texts or whatsapp you have showing that you are "renting" and get ready to show them as proof that an informal rental agreement is in place.

[danielleleilalu]

URA is not to be messed with. They will bring the hammer down. As you don't appear to have a written or valid lease you could be asked to move out by the police if they are called IME (as you may be considered to be a trespassser). To prevent this keep records of rent payments and any texts or whatsapp you have showing that you are "renting" and get ready to show them as proof that an informal rental agreement is in place.

Right, I don't want that. Any idea what happens to our deposit if this take place? I'm scared since the lease is null, she would decide to just keep it. By right, she should've returned it last year.

We already found a new place to move in and we are fully paid for this month until the 14th of April but she want us out by 11th April, do you think she will refund us a pro-rated rent and return the deposit? We are moving on the 4th of April. Is it worth the try to bug her to pro-rate? And what can we do as tenants if she doesn't do her part? Can SCT or police do anything about this?

[PNGMK]

SCT can mediate on deposit cases.