This clause is pretty useless as you are not going to force the LL to continue renting it to you anyway. On top of it, this clause may be also dangerous if it is linked to the payment of the commission upon renewal.Semar wrote:Am negotiating a lease for a new place and we agreed to a 2 year term, two months deposit, with option to renew for an extra year. Should we decide to opt in for the extra year, do we get one months deposit back from the landlord? Or does the deposit stay as is?
SinghAni wrote:I am a south Asian expat living in Singapore since last year in an HDB flat. My lease is for 1 year ending this year in September. I had got a diplomatic clause inserted in my agreement that either party could break away after 6 months with 2 months notice (6+2) [is it my mistake that even landlord could break the lease? allowed legally?].
Allowed, why not? If you both agreed?
HDB requires 6 months minimum.
Now my LL wants me to vacate the house end June. He had given me a verbal notice in April beginning[a written proof last week only. again my mistake]. In the mean time I went ahead and searched for the a house based on his verbal notice and found one (thankfully i have not entered into a contract as of now for new house).
Now when I informed the LL, he tells me round that "technically" I am supposed to stay in the house till end June so I complete two months of notice.
He gave you a notice that he wanted you to vacate by the end of June and he still says he wants you out by the end of June, so I am not sure where do you see the problem. IMHO, serving 2 month notice is about allowing period of time as stipulated in the contract, not to trigger some kind of timer - it is also important what the notice is about.
As soon as the other condition (the 6 month period) is over, he can do it any time providing the requested termination date is after the 2 month period. Besides, if serving the notice was required to be in writing, the verbal serving was not valid anyway.
Points for reminder, HE served me NOTICE, so isn't he the party who should serve two months notice and I being the receiving party should be allowed to vacate house as soon as I find an alternate accommodation.
No, unless this is how it is stated in the agreement. The notice to be served protects both the parties, not only you. Of course you can vacate earlier, but you would still need to pay.
See it this way: serving the notice does not annuls the agreement. You still have your duties. It only modifies the end date as requested by the other party. If so, It doesn't give you any right to modify it by your own. Of course, if the LL would gave you a valid notice in the beginning of April (so 3 months from the end date) you could have served your own notice immediately and shorten this period to 2 months (with all the related consequences)
My own agent has gone incognito, and my landlord still has my deposit [also as part of break clause he is supposed to pay me pro-rata agent fee].
I fear that if I stick to the gun of leaving the house early, i will lose most of me security under on pretext or another and he would also delay paying back the agent fee.
I feel I have been left at the short end of the stick.
Any advice would be welcome.
Without knowing the details of your tenancy agreement (TA) it is only possible at best to guess but generally, if TA expires then you just live without contract. I am not aware of any regulation imposing 1 month notice after expiration period. Now, the tricky part IMO is, that you lived this way for rather long time, voluntarily paying the money defined in the expired contract (right?) so I would rather expect the court may assume verbal agreement for continuation of the expired TA for another year. This mean, that if you had the 3 months notice in that expired contract it may still be considered valid.zenogias wrote:Hello. I am an Indonesian guy working here for 8 years. Married and recently blessed with a baby boy. I am currently having a problem with my current landlord. We recently decided we had to move to a new place due to the newborn baby. Long story short, we found a new place, and notify 1 month in advance to our current landlord that we are moving away. Less than a week before we move out (12 May), to our utter shock, the landlord suddenly informed us that we had to pay 3 month worth of rent to him.
Our contract started on August 2014, 2 years ago. As far as I know, our contract is per year basis. And we were meant to sit down and work on the contract renewal last August 2015. We ask the landlord for this but he had never gotten back to us on it. We didn't pursue the matter and thought it would be no problem. From past experience, me and my wife have moved house a couple of times and asked around friends, relatives & agents, we all believe that once the 1st year contract expires, we are under per month basis, and we only need to notify the landlord 1 month in advance if we want to move out. None of us had to deal with this before. Note that we, as the tenants never gotten any words on the contract renewal at all, and that the 1st year contract is now void. The landlord never even ask us to pay for stamp duty whatsoever last year.
We refused to pay the remaining 3 month rent, but worry that he will pursue legal action against us. I can already tell that they wont be giving us any of our deposit back. We are a single income family who just got our 1st baby, struggling to survive. We cannot afford paying them nor we want to. It feels unfair to us. Any suggestion on what we need to do to cover our backs? Some of property agents I trust recommend us to issue a statement to the police. I am not sure what good that will do exactly. Any suggestion is greatly appreciated.
If you don't have it in your TA, you can not do anything about it.targoy wrote:Hi Guys,
I recently signed a TA with owner's agent, did not have an agent of my own. I had asked him in particular about an electrical appliance in the house, before signing the TA,if it was working fine and he affirmed - I have it on whatsapp as a record. The item was also mentioned on his listing on the property site.
Few hours after signing the TA, the agent called me and said there was some issue and that they would not put that item in the inventory as the owner did not want to fix it.
I have asked him to get it fixed as during inspection of the house I had enquired about that appliance again and he said it was working ok.
I was not given an inventory list as I still have not moved into the house so can I do something legally if they don't get that appliance fixed?
This seems to be cheating and malpractice to me.
Users browsing this forum: No registered users and 0 guests