What stood out to me in the original post was '"...I know u won't return my deposit so better stay to end of contract."'. So you can see that she apparently intends to try and offset her deposit against the final months rent.ksl wrote:As a Landlord you need it all in writing and even then, the date being only the 15th April today, she has rescinded in sufficient time less than a week, while her contract doesn't legally finish until May.
That is to say you as a Landlord shouldn't rent the property out again until after her contract finishes in May. To rent it out before and take another deposit is in fact illegal if the rent is paid up by the tenant until the day she moves. The deposit is neither for unpaid rent!
The deposit is in liu of damage or redecoration not rent, After one tenant moves out, the place must be left in the same condition.
If the tenant fails to pay the rent, and is hoping to say keep the deposit, this is also illegal. deposits are paid not for loss of rent. So tell your tenant if she hasn't paid the rent, she will have to leave because of breech of contract. Then you can rent out again. If tenant is paid up with rent, you cannot rent out.
There is also a specified time limit required for apartment rental cancellation which is i think 1 month unless stated in contract...Room rental is one week I believe.
Ref to her sms "Like u said, I would like to move on 20 April, yes right and I inform u, but I didn't say I definitely move out that day" She has agreed to move out previouslyJayCee wrote:Do you have anything in writing or was it all just in conversation? If she's got a contract and you didn't agree anything in writing about her leaving early then I'd imagine she's within her rights to stay (at least she would be in a country that actually had any tenants rights). If you've got a new tenant moving in the very least you could do is give her her deposit back too IMO as you're not losing out
I agree with JR8, to be fair I actually want to return half of her deposit if she moving out on 20 April but if this case can't be solved, I don't mind if I will return her deposit in FULL if she sticks to the original date that she has informed me earlier (20 April).JR8 wrote:What stood out to me in the original post was '"...I know u won't return my deposit so better stay to end of contract."'. So you can see that she apparently intends to try and offset her deposit against the final months rent.ksl wrote:As a Landlord you need it all in writing and even then, the date being only the 15th April today, she has rescinded in sufficient time less than a week, while her contract doesn't legally finish until May.
That is to say you as a Landlord shouldn't rent the property out again until after her contract finishes in May. To rent it out before and take another deposit is in fact illegal if the rent is paid up by the tenant until the day she moves. The deposit is neither for unpaid rent!
The deposit is in liu of damage or redecoration not rent, After one tenant moves out, the place must be left in the same condition.
If the tenant fails to pay the rent, and is hoping to say keep the deposit, this is also illegal. deposits are paid not for loss of rent. So tell your tenant if she hasn't paid the rent, she will have to leave because of breech of contract. Then you can rent out again. If tenant is paid up with rent, you cannot rent out.
There is also a specified time limit required for apartment rental cancellation which is i think 1 month unless stated in contract...Room rental is one week I believe.
Also I do not know on what basis she 'knows' you have taken a second deposit from the incoming tenants. She can suspect, but surely not 'know'. So I'd just deny that you have. What is she going to do, take you to court over a hunch?
I would imagine that if you tell her you'll give her the full deposit back if she leaves on the date you want her to leave she'll be more than happy to go, I'd give that a try firstblu3_night86 wrote:I agree with JR8, to be fair I actually want to return half of her deposit if she moving out on 20 April but if this case can't be solved, I don't mind if I will return her deposit in FULL if she sticks to the original date that she has informed me earlier (20 April).JR8 wrote:What stood out to me in the original post was '"...I know u won't return my deposit so better stay to end of contract."'. So you can see that she apparently intends to try and offset her deposit against the final months rent.ksl wrote:As a Landlord you need it all in writing and even then, the date being only the 15th April today, she has rescinded in sufficient time less than a week, while her contract doesn't legally finish until May.
That is to say you as a Landlord shouldn't rent the property out again until after her contract finishes in May. To rent it out before and take another deposit is in fact illegal if the rent is paid up by the tenant until the day she moves. The deposit is neither for unpaid rent!
The deposit is in liu of damage or redecoration not rent, After one tenant moves out, the place must be left in the same condition.
If the tenant fails to pay the rent, and is hoping to say keep the deposit, this is also illegal. deposits are paid not for loss of rent. So tell your tenant if she hasn't paid the rent, she will have to leave because of breech of contract. Then you can rent out again. If tenant is paid up with rent, you cannot rent out.
There is also a specified time limit required for apartment rental cancellation which is i think 1 month unless stated in contract...Room rental is one week I believe.
Also I do not know on what basis she 'knows' you have taken a second deposit from the incoming tenants. She can suspect, but surely not 'know'. So I'd just deny that you have. What is she going to do, take you to court over a hunch?
Btw, is there any organization that I can ask for their feedback? Should I ask to the police?
JayCee wrote:I would imagine that if you tell her you'll give her the full deposit back if she leaves on the date you want her to leave she'll be more than happy to go, I'd give that a try firstblu3_night86 wrote:I agree with JR8, to be fair I actually want to return half of her deposit if she moving out on 20 April but if this case can't be solved, I don't mind if I will return her deposit in FULL if she sticks to the original date that she has informed me earlier (20 April).JR8 wrote: What stood out to me in the original post was '"...I know u won't return my deposit so better stay to end of contract."'. So you can see that she apparently intends to try and offset her deposit against the final months rent.
Also I do not know on what basis she 'knows' you have taken a second deposit from the incoming tenants. She can suspect, but surely not 'know'. So I'd just deny that you have. What is she going to do, take you to court over a hunch?
Btw, is there any organization that I can ask for their feedback? Should I ask to the police?
Police cannot help and will refer you to get a court order for eviction. Just give the deposit back and she'll be gone, she's expecting to be cheated of her deposit, becuase that is the norm from landlords.Btw, is there any organization that I can ask for their feedback? Should I ask to the police?
I just checked one of my UK tenancy agreements and re: the deposit it specifically states that unpaid rent at the end of the term is also deductible. That does not mean it can't be different in SG of course, but I think it is a point you need to clarify. Also in the UK it would probably not be regarded as fair to deduct an arbitrary 1/2 month rent for breach of contract (leaving early), it would make a much stronger argument if you calculated your specific losses due to her breach of contract.blu3_night86 wrote: I did, here's my sms to her:
- for the deposit, previously I agreed to refund u half of the deposit (although I can forfeit since u breach the contract) but I don't want to make things "ugly" for both of us, so I can give u back ur FULL deposit if u stick to ur original moving out date of 20/4/11.
BUT
- she replied "how fun, u intended to return half or deposit and now u signed duo contract, u can't solve it then tell me return full for me. So it's unfair for u or for me.
Thanks JR8 for your reply..JR8 wrote:UK law changed about 5-7 years ago such that tenancies had to have 'fair' terms. And if any term is deemed 'unfair' it is un-enforcable. Hence the parallel need these days to ensure any deductions equate as best as possible to your actual losses.
But as I said that does not suggest that applies in SG law, just that maybe the principle should be considered.
I've had some rogue tenants, and I've had some try and take the pi$$, but I've never had a need to just confiscate deposit money because I can. Deductions (when made) have always been my real actual losses, and clearly explained to the tenant. My average tenancy is probably a duration of c. 6-7 years, versus an expected c 1.5 years for central London. In a way my lack of voids alone more than makes up for any other potential losses vs being fair and reasonable in the first place...
In addition, she also replied "In fact, I don't need to inform u whether I leave coz anyway it sudden left (contract not end yet and lose deposit for sure), but I wanna be fine for u, so i inform to let u prepare. I never ever confirmed the date I leave"JR8 wrote:blu3_night86 wrote: I did, here's my sms to her:
- for the deposit, previously I agreed to refund u half of the deposit (although I can forfeit since u breach the contract) but I don't want to make things "ugly" for both of us, so I can give u back ur FULL deposit if u stick to ur original moving out date of 20/4/11.
BUT
- she replied "how fun, u intended to return half or deposit and now u signed duo contract, u can't solve it then tell me return full for me. So it's unfair for u or for me.
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