Eviction notice by landlord for water damages

[kaman]

Ask: Seeking recommendation for lawyers who specialize in owner-tenant disputes. We want to engage for counsel regarding next steps on dealing with payment for damage and eviction.

Summary: ​​Our landlord has issued an eviction notice to vacate the premises by April end and requested us to pay 3x our security deposit (>30k for small claims) for damages in 5 days else they can repossess the premises. Issue is due to flooding damages from a pipe breakage.

Background: While we were away from the house in January 2023, a bidet connection (was already there before we moved in and not requested by us) started leaking and water went into all bedroom, the living area etc. and damaged parquet flooring, skirting, shelves, wall paint

In the last 3 months (Jan - March), we tried reasoning with the agent and landlord that it is not due to our negligence and the request for repair is very high as they are asking to replace all wood flooring, shelves etc. vs. repairing it. They just issued an eviction notice on 31 March.

The tenancy agreement is standard, which states fair wear and tear, damage by flood or cause not attributable to the neglect or default of the tenant is not tenant’s liability. However they are stating it as our negligence that we deliberately did not turn off the entire unit’s electric and water supply before leaving the house. We honestly did not know that was possible and it’s also not written in our contract or mentioned to us before. We were cooperative and proactively asked for solutions and continued paying the full rent despite damaged property.

Please share any information on

Lawyers who you have had a good experience with that we can engage with for general advice regarding next steps on dealing with payment issue first and then eviction notice

Possible immediate next steps - should I vacate, try refuting this payment as we have already paid the rent for April

Anybody who might have faced similar issues and can share experience with small claims tribunal (damage asked is beyond 30k SGD but they also have 2 months deposit)

[Friedliver]

If I were you I would document all damages and especially the leaking bidet.

Just wondering though, how did the water manage to get into the rooms and living rooms? Pretty much all bathrooms have a drain so any leaks should have be drained.


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[Swn4]

It is unreasonable to expect the whole unit’s electricity/water to be shut off as surely the refrigerator needs to run?

If the Bidet is a water hose with a spray nozzle, the spray nozzle tends to leak. My plumber told me to always shut it off at the tap point connecting it to the plumbing and not rely on the trigger(fails under prolonged pressure) on the spray nozzle. This also applies for garden hoses.
You could argue that this was never told to you at the original handover of the apartment.


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[Swn4]

If I were you I would document all damages and especially the leaking bidet.

Just wondering though, how did the water manage to get into the rooms and living rooms? Pretty much all bathrooms have a drain so any leaks should have be drained.


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You will be surprised! Somehow a sink tap turned on (maybe a sudden increase in water pressure from PUB?) in a 2nd floor bathroom and managed to flood the bathroom, the room, the staircase, the living room and damaged the ceiling too. And this happened within a few hours.
And this was despite being a tap in a sink (with a drain hole) and 2 drain holes in the bathroom floor
We were very sad because we had literally moved in a month before after a major renovation. We had to re-varnish all the parquet floors and repaint the ceiling. And our brand new living room rug was never the same. Thankfully, it did not stain our marble floors.
Apparently when the water flow is too fast, the water is unable to drain through the drain holes.


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[Friedliver]

I wonder how much the rising rental market has to do with the sudden eviction notice

Expecting you to pay the whole bill seems completely unreasonable though. I think you would have a case that it is the whole owners liability given that the breakdown was due to fixtures that were part of the property. Most TAs would have a clause that it is the landlords duty to maintain the property and all sanitary pipes.

Also, doesn’t the owner have insurance that would cover this?


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[kaman]

Yeah, the owner said their insurance does not cover water damage

[kaman]

Yes, we have also heard that nobody does that in Singapore and it's not a default expectation if not told for some reason. Yes the refrigerator does need electricity.

Yeah, we had no idea that this can be possible due to prolonged pressure. Else we would have gotten it removed from the owner because we did not ask for it to be present in the house..

[therat]

my spouse have a habit to turn off every water tap source and electrical point (except refrigerator) when we go for a holiday even for 2D1N.

Plug out the power socket from electrical point.

Dont ask me why. I dont know. His family does that so... whole family (his side) inherit the same pattern

[x9200]

Ask: Seeking recommendation for lawyers who specialize in owner-tenant disputes. We want to engage for counsel regarding next steps on dealing with payment for damage and eviction.

Summary: ​​Our landlord has issued an eviction notice to vacate the premises by April end and requested us to pay 3x our security deposit (>30k for small claims) for damages in 5 days else they can repossess the premises. Issue is due to flooding damages from a pipe breakage.

Background: While we were away from the house in January 2023, a bidet connection (was already there before we moved in and not requested by us) started leaking and water went into all bedroom, the living area etc. and damaged parquet flooring, skirting, shelves, wall paint

In the last 3 months (Jan - March), we tried reasoning with the agent and landlord that it is not due to our negligence and the request for repair is very high as they are asking to replace all wood flooring, shelves etc. vs. repairing it. They just issued an eviction notice on 31 March.

The tenancy agreement is standard, which states fair wear and tear, damage by flood or cause not attributable to the neglect or default of the tenant is not tenant’s liability. However they are stating it as our negligence that we deliberately did not turn off the entire unit’s electric and water supply before leaving the house. We honestly did not know that was possible and it’s also not written in our contract or mentioned to us before. We were cooperative and proactively asked for solutions and continued paying the full rent despite damaged property.

Please share any information on

Lawyers who you have had a good experience with that we can engage with for general advice regarding next steps on dealing with payment issue first and then eviction notice

Possible immediate next steps - should I vacate, try refuting this payment as we have already paid the rent for April

Anybody who might have faced similar issues and can share experience with small claims tribunal (damage asked is beyond 30k SGD but they also have 2 months deposit)

How long have you been occupying the place?
What sort of pipe got broken? Metal? Plastic?

[kaman]

Living here for 6 months before the incident happened.
What sort of pipe got broken? stainless steel bidet https://www.lazada.sg/tag/bidet-spray-stainless-steel/

[kaman]

Living here for 6 months before the incident happened.
What sort of pipe got broken? stainless steel bidet pipe.

[Swn4]

Yeah, the owner said their insurance does not cover water damage

Sounds like the owner only bought fire insurance and did not buy home insurance. Which is his fault not yours.

BTW, in Singapore, renters insurance is also called home contents insurance. Worth buying for your piece of mind. My policy includes this:-

2. Tenant’s Liability
(a) We will pay up to S$500,000 any one occurrence or series of occurrences arising from or attributable to one source or cause, in respect of which You as a tenant of Your Home become legally liable as a result of a negligent act to pay for loss or damage to the: (i) building or any part of the building not belonging to You but
while under Your occupation.
(ii) contents, fixtures and fittings in the home not belonging to
You but is in Your charge or control.
(b) We will also pay:
(i) costs and expenses of litigation recovered by any claimant
from You or any member of the Household and
(ii) costs and expenses of legal defence incurred by You or any
member of the Household with Our written consent.


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[x9200]

Living here for 6 months before the incident happened.
What sort of pipe got broken? stainless steel bidet pipe.

1) Is shutting down water supply when you out of the country for a week or two a standard habit and a requirement? I don't think so but this could be disputed.
If the pipe broke and you were out only for a day or two, would the damage (as of what needs to be recovered, so not necessarily the extent of physical damage) be comparable? If yes, then the issue of shutting down the supply is irrelevant, as it is not customary to cut off water supply when you leave for such short period.

2) Another critical question: who is responsible for the maintenance of such pipes? If this is just a hose with some spray gun, this would be in my opinion you (the tenant). But then there is another question, what is reasonably practical period one should consider such maintenance. For this, it is a bit difficult to answer. I would say once a year. Nobody does it, but this is something to consider. Another sensitive appliance in that respect are washing machines. The water supply hoses are most often plastic made (including the screwing parts) and always pressurized. It's a ticking bomb (I replaced all such hoses to full metal ones as much as possible). Still, you may here argue that checking the condition of such hoses once a year is reasonable and you believed the LL handed over the premises with the appliances checked. This is some fair assumption in my opinion. Again, nobody does it, but in fact it should be done or there is some remote but real risk of such flood to happen.

[x9200]

Yeah, the owner said their insurance does not cover water damage

Sounds like the owner only bought fire insurance and did not buy home insurance. Which is his fault not yours.

For this you would need statutory obligation of the owner/tenant and I am not aware such obligation exists. In other words, neither LL nor the tenant are likely legally obliged to have such insurance. Compare with the car basic insurance - this is the obligatory one.

[PNGMK]

Refuse to pay. Let him try to claim via SCT (Small Claims). They will negotiate it down or refuse the claim. He won't sue, it he does then engage a solicitor. The law society can offer guidance on solicitors.

If you want to leave the place I would but I would request your deposit back (and then claim it via SCT).

IF you want to stay I am not sure what to do. Is the damage being repaired?