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URGENT FEEDBACK REQUIRED for THE DISPUTE with THE TENANT

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JR8
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Postby JR8 » Fri, 15 Apr 2011 11:54 pm

blu3_night86 wrote:Thanks JR8 for your reply..

I have visited the police station and they said the "verbal agreement" is valid in court since both parties agreed (she informed me want 2 move out and I also agreed).

Hmmm interesting. I know that there are such things as verbal contractual agreements. But this area goes beyond my experience...


In addition, they said that if she has informed me that she would like to move and suddenly change her mind to stay until next month, it has been considered as a "breach of the contract". Hence, the initial contract will be invalid on 20th Apr (date when she wants to move out earlier). I should make a new contract if she wants to stay after 20th Apr. I decided not proceed to the court since the police mentioned that it would be time consuming and expensive.

Even if you win it court, it still sucks because of the time and stress involved. Avoid at all costs is my advice.


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Postby JR8 » Fri, 15 Apr 2011 11:58 pm

blu3_night86 wrote:
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.


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"


--> Seriously, I don't really understand her reply. She even said the date (by 20 April if she couldn't find a new place after 11Apr) but how she said never ever confirmed the date...


Is there a clause re: giving notice in your agreement? In any case you have the advice of the police (seems strange to me that the police are willing and able to advise you on civil law matters, but there you go!).

Once again I go back to the point, what is it that this woman actually wants to do? Does she know do you think?

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Postby beppi » Sat, 16 Apr 2011 8:17 pm

First, are you the owner or the main tenant of the unit? Obviously, you cannot be both, but it doesn't matter for your problem (unless you are tenant and don't have the owner's approval to sublet).

I had a similar problem before, with a rogue subtenant who refused to leave although I already had promised the room to a successor. There is NOTHING the police will do, and the courts take months and cost thousands (which YOU will have to pay). So your only option is to swallow your pride and find a mutually agreed solution, even if it costs you some it will be cheaper than any alternative.

The small claims tribunal may also be an option.

Good luck!

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Postby bigfilsing » Sun, 17 Apr 2011 3:59 am

Strong Eagle wrote:I can tell you that in the US, for my rental properties, the tenant agrees to forfeit the deposit for not completing the terms of the lease... otherwise a lease is a joke.

I do work with people who have real problems... I just won't cut slack to the irresponsible buggers that decide to move on without a care about their commitments.


yeah but were not talking about the US now are we beagle

Pound to a penny her lease says explicitly she may not sublet, so police and court action will rock her world. Go with the most affordable option and bail out. Let her chase you

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Postby JR8 » Sun, 17 Apr 2011 4:14 am

bigfilsing wrote:
Strong Eagle wrote:I can tell you that in the US, for my rental properties, the tenant agrees to forfeit the deposit for not completing the terms of the lease... otherwise a lease is a joke.

I do work with people who have real problems... I just won't cut slack to the irresponsible buggers that decide to move on without a care about their commitments.


yeah but were not talking about the US now are we beagle

Pound to a penny her lease says explicitly she may not sublet, so police and court action will rock her world. Go with the most affordable option and bail out. Let her chase you


In English? Which party are you suggesting does what?


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