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Need Legal Advice _ Tenancy Agreement

Last activity 31 July 2015 by Patient

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kwfliew

Hi,

Need some legal advice regards to Singapore Agreement Law.

I just signed a new tenancy agreement (11 July 2015) with my landlord which replaced my previous tenancy agreement which will be expired on 9th August 2015.

I would like to ask do i still have right to terminate the new agreement and not oblige to the new terms and condition, which my existing agreement yet to expire and the new agreement has not yet officially undertake ?

Gravitas

Quickly check out the "cooling off" period allowed after signing agreements from online resources. This may allow you to rescind your agreement. It may also say something in the agreement itself.

http://www.propertyguru.com.sg/question … -after-i-s

beppi

There are no lews and regulations in Singapore regarding tenancy contracts - the only rules are what is written in the contract. Check your contract how you can terminate it - if nothing is specified (which is common), then you cannot terminate at all.
In most cases, however, a mutual agreement can be reached with the landlord. Talk to him/her! To be fair, if you terminate prematurely, you should at least offer to pay the cost of finding a new tenant (i.e. agency fee).

Patient

Hi just want to share..We are renting room 800sgd all in meaning includes rent and PUB.. However when the PUB bill went up our landlord.. Demanded that we pay the excess.. So we pay the 2 mos june and april totaling 100sgd... It was supposed to be 120sgd then I said that too much already.. Is this acceptable? Coz We thought PUB is included in the monthly charges.. Then why ?

Second thing, we cannot anymore take to stay for a minimum 6 mos... We wanted to leave on our 4th mo but my landlord said we have to pay the remaining 2 mos whether we stay or not.. Whaaat???

3rd, the security deposit wc is refundable... I feel will never be returned to us. Coz he is already like warning what we will recover the Security deposit less any damage that we have made... Thing is I believe we didnt damage any thing but how they act ... They can create any excuse or damage just so we recover less... Hayyy :( just sharing my thoughts.

beppi

Patient: Everything governing your legal relationship with the landlord is written in the rental contract, which you signed (or verbally agreed to with him).
What does it say about PUB and other utility bills? If it doesn't say they are included, you must pay.
What does it say about rental period and termination? If it says 6 months and nothing about termination, then you cannot terminate.
When you move out, the landlord can deduct any damages caused by you, outstanding rent and others from the deposit, but then has to return the remainder to you. You should document the status of the room when you move in, and again when you move out, to be able to show that there were no damages.
If there is a dispute, you can approach CASE or the Small Claims Tribunal.

Patient

Hi Beepi, re the PUB they said and as agreed in the contract.. It is included in the monthly charge. But then last time we forgot to switch off the lights in the common toilet for 1hr then he became very upset.. That he said whatever the excess of ave bill will be charge to us. Then so come the bill for june 2015 he charged us 60sgd... Then he said april 2015 also very high (170) so he billed us for another 50sgd. When I tried raising that in the contract it says monthly charge included PUB... He reasoned out that it has a limit. (I do not what limit he is talking abt. ) I also tried telling him that u saved a lot of cooking gas coz we are not cooking anymore for 3 mos .. Maybe u can offset it with the PUB.. He said its our fault we didnt cook and use gas. We didnt cook anymore coz they had a lot of issues In our cooking too. Some are really petty issues that they make a big deal out of it.

And so anyway we paid 100sgd for that two months he demanded just to end the argument. :( 
Re picture taken before moving in... We didnt take any photo coz they were all so nice when we move in and when they are asking us to sign the contract and give deposit.. Maybe I will start taking pic now. Thanks beepi.

beppi

It seems you have a really unreasonable landlord. You were not at all obliged to pay the PUB excess - and one hour of light in the toilet costs max. S$0.03.
Since you can't change him, you should move as soon as possible! You might have to forgoe the deposit, though, if your contract cannot be terminated early, but that money cannot be more valuable than your happiness, right?

Patient

We r not only forgoing the deposit but also 1.5 mo rental for early termination. And they will say ... They are not after our money.. Aiyoooo!!!

beppi

Of course they are after money - otherwise why would they rent out a room?
If you move out immediately and don't pay any rent any more, you only lose the deposit (which is just slightly higher than the rent you still owe them anyway).

Patient

Exactly, of course they are after the money but still they keep saying it otherwise.

They say that if we decide to leave immediately, we need to forego deposit plus pay the remaining months left which is 1 month. Just now, i texted them politely to switch on the control for our aircon, they reply... "We are still outside and u need to wait until we comeback." Wow!!! Just wow! And imagine how they have just demanded for the PUB payt. sorry for airing.. Just cant help it

beppi

If you pay rent until the end of your tenancy agreement (1.5 months more) you are entitled to get the deposit back (minus any damages you caused). There is no reason for them to ask for the rent AND deposit when you move out earlier.
Contact CASE or SCT if you need help resolving this (but make sure you have everything in writing - SMS is not sufficient!).

Patient

Re the writing... i tried giving them notice that We wanted to move out, they dont want to sign it. They say verbal is enought but Im scared they might deny I have given then written notice.

beppi

Termination notice is a one-sided declaration by you. They do not need to sign it. But you need to prove that you gave it to them, thus do it with a witness.
But as far as I understood so far, your rental contract cannot be terminated anyway, so why do you need this?

beppi

Legal protection is weak for tenants in Singapore. Thus I really recommend you cut your losses by moving out immediately, not paying anything further, forgetting about the deposit and not communicating with them any more in any way - that way you lose no more than half a month rent and save a lot of hazzle, time and further cost. (To recover the deposit in court will incur legal costs higher than the deposit - even if you win!)

Patient

If we leave immediately.. Can they hunt us? Coz we are just foreigners here... I am thinkinh singapore is small country and we do not have much right being foreign tenants.. :( they find us? Because they know our passport no. And FIN no.. They can say we run away from obligation to pay, sue us, whatever? Do have any chance of winning or getting away from them ... Truly getting away from them if we decide to leave immediatly?? :(

beppi

The problem of legal costs higher than the amount to recover is the same for them as for you, so it is unlikely that they will do anything.
You should tell them (preferably in writing) that you are moving out immediately and that they can deduct any rent still outstanding until the end of the tenancy (plus damages you caused, if any) from the deposit before they return the remainder to you. They will most likely keep the full deposit and declare the matter closed - but if they do contact you again, you should just counter that by claiming the deposit back. That will probably scare them into not doing anything further.
Don't waste any more of your precious time on such bean-counting idiots!

Patient

Earliest we can leave is month end. Thanks beepi for the replies.. Goodluck on me! :(

Patient

We are moving tom. And guess what, the landlord is now demanding money for the remaining one month rent. I told him tom we will pay afternoon, he said we give in the morning... I told himmy payroll will be credited in the afternoon and he says... It has nothing to do with him...!!!! Soooo evil!!!  Seriously guys, i hope no one falls in this situation. Its really agitating!! If any one wants to know /ask about the address and avoid being victimized. Pls send me pm. :(

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