Breaking of a 2 year tenancy agreement ?

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cyberceline
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Breaking of a 2 year tenancy agreement ?

Post by cyberceline » Mon, 08 Jul 2013 11:07 pm

Hi all,

I have rented a condo (2 bedroom, 2 bathrooms, 1350 sqf) for $5600 as of December 1st 2012 as the main tenant for 2 years. I have a flatmate as an occupant so we share the rent equally.

Now since several month my flatmate and me are not getting along anymore and I have tried to find a replacement for my part. However was not yet successful.

I was thinking about the options I have to get out here and I came across:
- Finding a replacement for my part (unsuccessful sofar)
- Waiting till I can exercise the diplomatic clause (which is in my case 12+3 months) however I dont want to wait till end of Feb 14.

- What would be the worst thing happen if I break the TA? Loosing the deposit of 2 months ? How is such a case handled if i would infrom the landlord early of the month that I will break the contract? Any experience?

I would like to check what options I have and what consequences I would face....

Cheers Cyberceline

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zzm9980
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Post by zzm9980 » Mon, 08 Jul 2013 11:18 pm

Worst case, and more likely than not, your landlord will file for a judgement against you for the full unpaid amount. If you don't pay that, you'll be declared a bankrupt. You could be pursued for the debt in your country of origin, and you could be jailed if you leave the country without permission.

Also, your diplomatic clause probably won't apply for this. Read it carefully. Most likely it only applies if you leave Singapore, and will specify that you need official paperwork to show this. And guess what? The government (IRAS, in the form of a tax clearance) provides this paperwork. Landlords know that, they're not stupid.

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PNGMK
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Re: Breaking of a 2 year tenancy agreement ?

Post by PNGMK » Mon, 08 Jul 2013 11:23 pm

cyberceline wrote:Hi all,

I have rented a condo (2 bedroom, 2 bathrooms, 1350 sqf) for $5600 as of December 1st 2012 as the main tenant for 2 years. I have a flatmate as an occupant so we share the rent equally.

Now since several month my flatmate and me are not getting along anymore and I have tried to find a replacement for my part. However was not yet successful.

I was thinking about the options I have to get out here and I came across:
- Finding a replacement for my part (unsuccessful sofar)
- Waiting till I can exercise the diplomatic clause (which is in my case 12+3 months) however I dont want to wait till end of Feb 14.

- What would be the worst thing happen if I break the TA? Loosing the deposit of 2 months ? How is such a case handled if i would infrom the landlord early of the month that I will break the contract? Any experience?

I would like to check what options I have and what consequences I would face....

Cheers Cyberceline
Whose name is on the lease? Yours or both?

I'd really try to ride it out - it's very expensive to break a lease here.

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Post by cyberceline » Tue, 09 Jul 2013 12:00 am

only my name is in the TA agreement.

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Post by the lynx » Tue, 09 Jul 2013 8:52 am

Try ..com.sg?

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Post by katbh » Tue, 09 Jul 2013 9:08 am

Frankly it would be simpler for you to ask your roommate to leave. It is almost impossible to break a lease. But perhaps your first call should be to your landlord. Ask if they would be willing to allow you to break the lease. Say that you would allow them to show potential tenants through. But get it all in writing.

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Post by PNGMK » Tue, 09 Jul 2013 11:15 am

cyberceline wrote:only my name is in the TA agreement.
If there is no agreement in writing between your room mate and yourself specifying otherwise you can ask him to leave and he has to (in fact the police will assist if he refuses). Of course you should give some notice (Maybe a week or two).

Once he's out then find a new room mate.

It will be much cheaper to go without your room mates income for a week or so than to break the lease.

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Post by nutnut » Tue, 09 Jul 2013 12:54 pm

Ask your flat mate to leave, it's very very hard to break a lease. I am sure if you don't get on with them, then, they also don't get on with you!?

Advertise for another room mate.
nutnut

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Post by x9200 » Tue, 09 Jul 2013 1:08 pm

cyberceline wrote:only my name is in the TA agreement.
What kind of agreement do you have with your flatmate? Sub-let TA of some sort? If yes, when you are in your right to kick him out? If no provable agreement just tell him to leave.

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Post by cyberceline » Tue, 09 Jul 2013 5:10 pm

Hi everyone, thanks for your inputs and ideas. Tinking of let him go looks like the smartest option. Regarding the TA: it only states my name and my signature except under the paragraph "occupants" it states also his name. But me as the main tenant should be allowed to change occupants any time?

There is no agreement between me and m flatmate. No written or also no verbally agreement.

Can i still "kick him out - would do that with a 1 month notice) as he is listed under "occupants" in my TA? If it helps i could post the exact wording of that part of the TA..

Thanks a lot for ur help everyone. The situation really bothers me since several months and i need to finally take an action.

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Post by PNGMK » Wed, 10 Jul 2013 7:41 am

cyberceline wrote:Hi everyone, thanks for your inputs and ideas. Tinking of let him go looks like the smartest option. Regarding the TA: it only states my name and my signature except under the paragraph "occupants" it states also his name. But me as the main tenant should be allowed to change occupants any time?

There is no agreement between me and m flatmate. No written or also no verbally agreement.

Can i still "kick him out - would do that with a 1 month notice) as he is listed under "occupants" in my TA? If it helps i could post the exact wording of that part of the TA..

Thanks a lot for ur help everyone. The situation really bothers me since several months and i need to finally take an action.
As your name is on the bottom line you're the person responsible for paying everything - he isn't. I'd simply give him one months notice in writing (with no reason).

"Dear Dickwad,

Please be advised you move out of the apartment by 10 August 2014

Please return all keys and passes. Please make good any damage. I will return your share of the bond on the day you leave.

Regards,

GoodGuy

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Post by nutnut » Wed, 10 Jul 2013 9:55 am

PNGMK wrote:
cyberceline wrote:Hi everyone, thanks for your inputs and ideas. Tinking of let him go looks like the smartest option. Regarding the TA: it only states my name and my signature except under the paragraph "occupants" it states also his name. But me as the main tenant should be allowed to change occupants any time?

There is no agreement between me and m flatmate. No written or also no verbally agreement.

Can i still "kick him out - would do that with a 1 month notice) as he is listed under "occupants" in my TA? If it helps i could post the exact wording of that part of the TA..

Thanks a lot for ur help everyone. The situation really bothers me since several months and i need to finally take an action.
As your name is on the bottom line you're the person responsible for paying everything - he isn't. I'd simply give him one months notice in writing (with no reason).

"Dear Dickwad,

Please be advised you move out of the apartment by 10 August 2014

Please return all keys and passes. Please make good any damage. I will return your share of the bond on the day you leave.

Regards,

GoodGuy
You may have a preference to choose this year, rather than next year!

PNGMK, your English is suffering somewhat in this letter, quite disappointing
nutnut

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Post by PNGMK » Wed, 10 Jul 2013 5:02 pm

nutnut wrote:
PNGMK wrote:
cyberceline wrote:Hi everyone, thanks for your inputs and ideas. Tinking of let him go looks like the smartest option. Regarding the TA: it only states my name and my signature except under the paragraph "occupants" it states also his name. But me as the main tenant should be allowed to change occupants any time?

There is no agreement between me and m flatmate. No written or also no verbally agreement.

Can i still "kick him out - would do that with a 1 month notice) as he is listed under "occupants" in my TA? If it helps i could post the exact wording of that part of the TA..

Thanks a lot for ur help everyone. The situation really bothers me since several months and i need to finally take an action.
As your name is on the bottom line you're the person responsible for paying everything - he isn't. I'd simply give him one months notice in writing (with no reason).

"Dear Dickwad,

Please be advised you move out of the apartment by 10 August 2014

Please return all keys and passes. Please make good any damage. I will return your share of the bond on the day you leave.

Regards,

GoodGuy
You may have a preference to choose this year, rather than next year!

PNGMK, your English is suffering somewhat in this letter, quite disappointing
So solly.

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Post by cyberceline » Mon, 29 Jul 2013 3:56 pm

guys, just wanted to give u all an update on the situation since my last posting.

First of all, thanks for the input. I was lucky, I have found a tenant in the meantime who will take over the rest of the lease and the landlord agreed in swapping the lease. Not completly free of charge, but its ok for me. Currently busy viewings condos for myself to find a place for mid of august.

Cheers everyone.

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