Discuss about where to live, renting a property, tenancy issues, property trend and property investment in Singapore.
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NYY1
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by NYY1 » Tue, 09 Apr 2024 3:17 pm
I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.
I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.
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Ganeshvaithi
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by Ganeshvaithi » Tue, 09 Apr 2024 10:20 pm
NYY1 wrote: ↑Tue, 09 Apr 2024 3:17 pm
I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.
I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.
Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant
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NYY1
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by NYY1 » Wed, 10 Apr 2024 4:56 am
Ganeshvaithi wrote: ↑Tue, 09 Apr 2024 10:20 pm
NYY1 wrote: ↑Tue, 09 Apr 2024 3:17 pm
I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.
I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.
Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant
I'm not sure why the landlord has to accept your proposal; you signed a contract.
Anyways, the economic loss is the difference in rent (plus some costs), so I kind of see why that may be the amount a landlord can sue for. But if so, there's really no need for a diplomatic clause; if people need to leave the country they just move out and send a check for the top-up amount. Maybe that is the case.
Expect to get a repair bill equal to or exceeding your deposit. Plus, there's no guarantee they can find a tenant "suitable" for them. So the longer it is vacant, the longer you owe the full rent. If it is vacant, I would think you need to keep paying the full amount but check with someone or do as you please.
Let us know how it goes.
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abbby
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by abbby » Fri, 12 Apr 2024 9:26 pm
What's the update on this? Would be interesting to know..
The secret of life is honesty and fair dealing. If you can fake that, you've got it made. - Groucho Marx (1890-1977)
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majnjep
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by majnjep » Thu, 25 Jul 2024 2:11 pm
What's the update on this? I've recently had the similar cases with landlord and very stressful
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LilacD
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by LilacD » Mon, 09 Sep 2024 6:48 pm
Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?
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PNGMK
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by PNGMK » Tue, 10 Sep 2024 7:56 am
LilacD wrote: ↑Mon, 09 Sep 2024 6:48 pm
Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?
Eviction and sue for unpaid rent. Alternatively negotiate a new contract with the remaining occupier as the main tenant.
I not lawyer/teacher/CPA.
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YYCole
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by YYCole » Sun, 27 Oct 2024 4:01 pm
interestingly, i just break my TA. I made sure and also paid up when i sign the TA to have the clause added which allow me to break the TA and i will forfeit my deposit. That allowed me to get out of the TA, as i managed to find a place that is cheaper to rent after taking into consideration of the deposit im forfeiting. Rent is really coming down fast
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Ganeshvaithi
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by Ganeshvaithi » Sun, 05 Jan 2025 2:48 pm
Would like to update this thread on how this got settled.
1. I had come across a really good lawyer firm IRB. They gave free consultation first and asked me to proceed in certain ways to resolve this amicably with the LL. They don't want to get hired for giving these tips. Since LL didn't agree, I had to hire IRB finally
2. They issued legal notice to LL on their unlawful claims and listed out clearly that how I was ready to resolve this and how LL was becoming a showstopper in all my efforts to settle this
3. LL responded back with their claims and agreed to look for replacement tenant
4. We looked for tenant but LL rejected all the potential tenants I brought
5. I had to move out of the house breaking the TA
6. LL did an assessment of the house. Claimed for damages, rental deficit for remaining months(we agreed for a possible tenancy amount with new probable tenant)
7. There were some negotiation on this part and finally agreed for an amount and settled it
This is exactly what I proposed at the initial stage itself (I e., ready to accept the damages and rental deficit). But it had to go through lawyers adding more headache and stress.
Lesson learnt: No LL can hold you accountable for complete rental amount if you are breaking the contract. However tenant must agree for rental deficit, damages, total loss for the LL, while LL should take efforts for finding a new tenant. This is as per law.
Going through the course of legality would sound really cumbersome and it is. However, in Singapore there are quite a few channels using which you can get good idea to know what you are legally allowed etc.,
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Pal
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by Pal » Sun, 05 Jan 2025 3:01 pm
Thank you for the updates.
I am sure this post will help many Tenants facing similar issues.
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Ganeshvaithi
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by Ganeshvaithi » Sun, 05 Jan 2025 3:06 pm
Hopefully it will. And I would be glad to assist anyone in 1-1 if required. I had gone through the entire cycle end to end and explore all the possibilities. Have spoken with 10+ lawyers/firms before finalising one to help me with. I know the pain I had gone through. Would be happy to share my experience in detail with anyone in need(though I hope noone gets inti these situations)
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