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can you break your lease if your landlord sells ?

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sarasari
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can you break your lease if your landlord sells ?

Postby sarasari » Thu, 31 Jan 2013 6:03 pm

We are quite keen on leaving our apartment which has just been sold (previous landlord passed away) and the property is in an estate.

The official date of the sale is March 1st and our lease expires on March 31st.

I've asked agents and they tell me that there should be a clause about "Selling" in my TA which would allow the new owner to keep the tenancy rights (deposit, payments, etc.).

I can't find such clauses in my TA and I'd be quite happy to leave by end of February before the new owner takes full possession.

Does anybody have any advice or any similar experience ?

Thanks in advance
^-^

pinkrosessaw
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Postby pinkrosessaw » Thu, 31 Jan 2013 6:08 pm

I experienced once when rented a HDB flat in 2008.
We were given 3 months notice. we ended up moving earlier. Since HDB officers kept coming back checking the door, the windows, etc. Troublesome.

Note: you won't get any agency fee partially refundable. By right landlord should refund your deposit. Usually there should be clause in TA.

Afterall just 1 more month, maybe you just hang on to it rather than create a chance for them to penalize you.

sarasari
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Postby sarasari » Thu, 31 Jan 2013 6:12 pm

Thanks for your reply and sharing this

We've had only one visit so far (bank) for assessment of the actual value and so on. Not too troublesome so far to be completely honest.

The thing is that we are VERY keen on moving (just had a baby and current place is way too small for the 3 of us now) but I take your point on the 1 month of waiting
^-^

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Postby pinkrosessaw » Thu, 31 Jan 2013 6:17 pm

utilitize that 1 month to find new place.
understand it is torublesome you guys have to be around just in case there are viewings.

well, try to get to talk to the agent representing that deceased landlord.
Talk to them since you have a baby, quite uncomfy if lots of strangers walk-in and walk-out, perhaps you could get a rpoper response from them.

however, you need to inform them by today or tomorrow then immediately start looking for new place.

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x9200
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Re: can you break your lease if your landlord sells ?

Postby x9200 » Thu, 31 Jan 2013 6:18 pm

sarasari wrote:We are quite keen on leaving our apartment which has just been sold (previous landlord passed away) and the property is in an estate.

The official date of the sale is March 1st and our lease expires on March 31st.

I've asked agents and they tell me that there should be a clause about "Selling" in my TA which would allow the new owner to keep the tenancy rights (deposit, payments, etc.).

I can't find such clauses in my TA and I'd be quite happy to leave by end of February before the new owner takes full possession.

Does anybody have any advice or any similar experience ?

Thanks in advance

This clause is typically phrased similar to "the sell is a subject to this tenancy agreement" but IMHO it is irrelevant to your situation because it is rather to protect the tenant than the LL. If this clause is absent the new LL can kick you out as he is not bind by the agreement.
On top of this if your former LL passed away this I believe makes the TA terminated, what would be more into direction you would like to go. I would advise to contact a lawyer for some consultancy as the agents are not the best source of the legal knowledge around.

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Postby JR8 » Thu, 31 Jan 2013 8:58 pm

I have sold a property with a tenant in situ.

The way I look at it is the former landlord was one legal entity within the contract, and you were the other. His interest passed to his estate, which is probably also a legal entity, who sold it to your new landlord who is another legal entity.

So in simple terms the property has simply been transfered via different owners/entities, subject to i.e. together with your tenancy.

That's just my feeling, not a statement of fact.

When you say you spoke 'to agents' I'm wondering who. An agent you've used and paid, or a friend, or just someone random who has no financial interest in helping you at all?

You might also contact the new owner, outline that you wish to leave early and just see what they say. They might be happy to get it back if they want to move in themselves. You never know, and if they say no, then ask them what it is in the lease or law, that says you can't break your lease early.

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Postby therat » Thu, 31 Jan 2013 10:06 pm

TS has not given the most important information.

Which type of property?
HDB or condo?

sarasari
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Postby sarasari » Fri, 08 Feb 2013 9:44 am

it's a shophouse
the new landlord bought three in our street, he's definitely NOT moving in
Regarding the fact that the interests lie with the estate is correct. Currently I keep on paying rent under the name of the deceased LL, it's just a new account but still under his name
the agents I have talked to are the ones arranging my new TA with the new place we are moving to and yes they are therefore biased in what they would say.

I'm not a legal expert but unless specifically mentioned in the contract/TA, it does make sense to me that I have contractual agreement with the passed LL and the estate but not the new LL

I do believe it is a good idea to contact the new LL though I have no means to do so and I'm not sure why he would want to forfeit one month of rent and I think it might be smarter to play the card of having no TA in place with them and no reason to pay rent to them ?
^-^

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Postby x9200 » Fri, 08 Feb 2013 10:20 am

sarasari wrote:I'm not a legal expert but unless specifically mentioned in the contract/TA, it does make sense to me that I have contractual agreement with the passed LL and the estate but not the new LL

I am not sure what do you mean by the above but it is simply not possible to be in any legal agreement with a dead person and this was the base of me earlier writing that IMHO your current TA is just not valid any longer. At this point you're occupying the premises without any agreement.

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Postby taxico » Fri, 08 Feb 2013 12:45 pm

sarasari wrote:it's a shophouse
the new landlord bought three in our street, he's definitely NOT moving in...

...and I'm not sure why he would want to forfeit one month of rent...


i'll be honest. the "normal" procedure in singapore for such a scenario is for the LL (either old or new) to pay you off, not the other way.

how much, is to be negotiated. i've paid one tenant the remaining rental amount on the lease when i needed them out (there were only a few months left on the agreement).

another time, i paid for alternative accommodations until he found a similar place like mine.

you should not be paying since there is nothing in your TA about it, and i assume this is a fixed term TA?

a TA usually (usually) allows the owner's heirs/successors to continue the tenancy...

i don't think the new LL would care about you. you need to talk to the previous LL's family as they're the ones flushed with cash now.

it is unlikely the new LL has your deposit either - but it doesn't hurt to clarify. they would already have spoken (albeit briefly) about you before transacting.

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Postby JR8 » Sat, 09 Feb 2013 12:57 am

sarasari wrote:I'm not a legal expert but unless specifically mentioned in the contract/TA, it does make sense to me that I have contractual agreement with the passed LL and the estate but not the new LL


No apparently not! In fact there is a risk to a person who gold-plates what they wish to hear and ignores the rest.

http://uk.answers.yahoo.com/question/in ... 938AAlj4Jw
'My landlord died yesterday, what rights do I have?

If the above doesn't satisfy you, my advice is to pay to see a lawyer.

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Postby sarasari » Mon, 20 Jan 2014 4:30 pm

Well, in the end and just in case this post gets read by others in teh future, we had to stick to the lease and pay until the end
Somehow it was kept secret from us for the longest time (that LL had passed) so I do believe there could have been a way but I guess we would never know unless there are some real estate agents out there who can clarify
^-^


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