Break Lease

[pweesng]

Hi All,

just checking your advice...

I recently bought a unit with tenancy. Tenancy agreement was signed on the day i exercise my OTP. Agent Fee paid in full by the seller.

If a tenant with a diplomatic clause decides to break lease just after 2 months. What are my recourse?

1) Would i be able to recover pro-rata of of the agent fee, even if it wasn't paid by me?

2) How should the compensation be like? Do i get another tenant and recover the difference from the original tenant? or the tenant will just have to pay be for the next 10 months of rental?

3) lastly, assuming that the tenant only pays for the difference, once i found a new tenant, how do i go about making a claim from the original tenant?

Looking for all helpful advice, as I am faced with the current situation

PWEESNG

[carbuncle]

Just follow whatever was in the original tenancy agreement. You would have had a copy of it since you bought with tenancy.

[radha08]

sorry to hear your situation but maybe the agent who handled the sale could advice you further....afterall i am sure he was paid good $$ for the deal...

[Arcachon]

http://www.propertyguru.com.sg/prope...ment-questions

[zzz1]

Hi All,

just checking your advice...

I recently bought a unit with tenancy. Tenancy agreement was signed on the day i exercise my OTP. Agent Fee paid in full by the seller.

If a tenant with a diplomatic clause decides to break lease just after 2 months. What are my recourse?

1) Would i be able to recover pro-rata of of the agent fee, even if it wasn't paid by me?

2) How should the compensation be like? Do i get another tenant and recover the difference from the original tenant? or the tenant will just have to pay be for the next 10 months of rental?

3) lastly, assuming that the tenant only pays for the difference, once i found a new tenant, how do i go about making a claim from the original tenant?

Looking for all helpful advice, as I am faced with the current situation

PWEESNG

How come when you bought with tenancy meaning the agency fee for the rental was paid by previous owner already.

Is it that your agent double charge? did they do any marketing for rental for your unit? the fee was pay for What?

i had bought unit with existing tenancy,, what my agent do was to get the tenant to redo a contract base on my acct and all the deposit and the remain tenancy period just run down..the service that they do for me is part of the buying deal.

[Mr.Keh]

Hi All,

just checking your advice...

I recently bought a unit with tenancy. Tenancy agreement was signed on the day i exercise my OTP. Agent Fee paid in full by the seller.

If a tenant with a diplomatic clause decides to break lease just after 2 months. What are my recourse?

1) Would i be able to recover pro-rata of of the agent fee, even if it wasn't paid by me?

2) How should the compensation be like? Do i get another tenant and recover the difference from the original tenant? or the tenant will just have to pay be for the next 10 months of rental?

3) lastly, assuming that the tenant only pays for the difference, once i found a new tenant, how do i go about making a claim from the original tenant?

Looking for all helpful advice, as I am faced with the current situation

PWEESNG

Diplomatic clause should apply after 6months or 1year right? If the tenancy is only 2 months old, then I guess you could keep the tenant's deposit and find a new tenant. Don't bother trying to claim more from the current tenant other than his deposits as you would incur legal fees and also it can be impossible to recover any damages if the tenant has left the country.

Just curious, did you buy this unit because of the tenancy? It doesn't make sense for the owner to find a tenant and pay the agent fee for you. Don't tell me the diplomatic clause is vested immediately too?

[Regulators]

theoretically dip clause applicable after first year and tenant has to compensate remaining lease in the first year if exit unless due to extraneous circumstances stated in the TA. Of course I have not read your TA so a lot is based on what has been agreed in it. Rule of thumb is to always check the TA before committing to buy a pty with existing tenancy.

[pweesng]

How come when you bought with tenancy meaning the agency fee for the rental was paid by previous owner already.

Is it that your agent double charge? did they do any marketing for rental for your unit? the fee was pay for What?

i had bought unit with existing tenancy,, what my agent do was to get the tenant to redo a contract base on my acct and all the deposit and the remain tenancy period just run down..the service that they do for me is part of the buying deal.

Ah well, the tenant is an existing tenant. Tenant decides to renew the tenancy contract, while at the same time the apartment was sold.

So rightfully, the Seller who was the owner at that point of time, had to pay the agent fee for the rental.

Now the tenant is breaking lease, under my ownership. Hence i wanted to know who the tenant should be paying to, given that under the agreement, tenant has to repay pro-rata the agent commission incurred by the previous owner.

[Lovelle]

sorry to hijacked TS thread, i have a situation where tenant recently gave domestic problem (authority was involved) and i had to asked them to leave.

in this case, it's just 3 mths into their contract.

what shld i do ?

[pweesng]

Diplomatic clause should apply after 6months or 1year right? If the tenancy is only 2 months old, then I guess you could keep the tenant's deposit and find a new tenant. Don't bother trying to claim more from the current tenant other than his deposits as you would incur legal fees and also it can be impossible to recover any damages if the tenant has left the country.

Just curious, did you buy this unit because of the tenancy? It doesn't make sense for the owner to find a tenant and pay the agent fee for you. Don't tell me the diplomatic clause is vested immediately too?

In this particular case, the tenant is a corporate. So if need to do recovery, it should be fairly easy. And yes, i bought it because it is a corporate tenant.

But I want to find out what exactly can i recover.

(1) Can I recover 10 months worth of rental? given than dip clause is for 12 months, and only 2 months has passed, or

(2) I can only try to find a tenant now and make the previous tenant pay for the difference in rental, if any.

Unfortunately the TA only has the standard wordings

[hopeful]

sorry to hijacked TS thread, i have a situation where tenant recently gave domestic problem (authority was involved) and i had to asked them to leave.

in this case, it's just 3 mths into their contract.

what shld i do ?

what do you mean "I had"? were you force to ask them to leave, or by choice, you ask them to leave for fear government will seal your property?
did they break any terms in the TA?

[Lovelle]

pweee, there is a clause call, lease termination. Can u write the whole clause here.

In this particular case, the tenant is a corporate. So if need to do recovery, it should be fairly easy. And yes, i bought it because it is a corporate tenant.

But I want to find out what exactly can i recover.

(1) Can I recover 10 months worth of rental? given than dip clause is for 12 months, and only 2 months has passed, or



(2) I can only try to find a tenant now and make the previous tenant pay for the difference in rental, if any.

Unfortunately the TA only has the standard wordings

[Lovelle]

what do you mean "I had"? were you force to ask them to leave, or by choice, you ask them to leave for fear government will seal your property?
did they break any terms in the TA?

yeah, i have to asked them to leave because some violent act that disturbs the neighbour and cops were called. how ah ?

[hopeful]

In this particular case, the tenant is a corporate. So if need to do recovery, it should be fairly easy. And yes, i bought it because it is a corporate tenant.

But I want to find out what exactly can i recover.

(1) Can I recover 10 months worth of rental? given than dip clause is for 12 months, and only 2 months has passed, or

(2) I can only try to find a tenant now and make the previous tenant pay for the difference in rental, if any.

Unfortunately the TA only has the standard wordings

live and let live. ask for 2 months deposit, not 10 months.
if i was tenant, if like that, i would stay for next 10 months and then would..........
there are a number of ways to choke up the piping system.

[hopeful]

yeah, i have to asked them to leave because some violent act that disturbs the neighbour and cops were called. how ah ?

if only 1 time, how to ask them to leave?
check your TA terms carefully whether have "compliance with law" clause.
are they being charged with anything yet?

furthermore, the violent act is domestic affair, nothing to do with neighbour.

should worry more about getting rent on time.

[Lovelle]

if only 1 time, how to ask them to leave?
check your TA terms carefully whether have "compliance with law" clause.
are they being charged with anything yet?

furthermore, the violent act is domestic affair, nothing to do with neighbour.

should worry more about getting rent on time.

it's 2nd time already. Not charged with anything but they are quite troublesome since day 1.

[hopeful]

it's 2nd time already. Not charged with anything but they are quite troublesome since day 1.

haha, then
1) your only hope is they forget to pay rent for 2 weeks. there is clause if late payment for 2 weeks, TA expire.
2) give them notice to leave in 2-3 months time. (there is a court case, where landlord ask tenant to leave).

[zzz1]

Ah well, the tenant is an existing tenant. Tenant decides to renew the tenancy contract, while at the same time the apartment was sold.

So rightfully, the Seller who was the owner at that point of time, had to pay the agent fee for the rental.

Now the tenant is breaking lease, under my ownership. Hence i wanted to know who the tenant should be paying to, given that under the agreement, tenant has to repay pro-rata the agent commission incurred by the previous owner.

Agent sitting duck and get the comm already.. Ask your agent to sort out this shit !!

[Lovelle]

haha, then
1) your only hope is they forget to pay rent for 2 weeks. there is clause if late payment for 2 weeks, TA expire.
2) give them notice to leave in 2-3 months time. (there is a court case, where landlord ask tenant to leave).

Better leave then someone die

[radha08]

it's 2nd time already. Not charged with anything but they are quite troublesome since day 1.

dont mind sharing their nationality...i am building a database for reference......if sensitive can pm me...

[Mr.Keh]

In this particular case, the tenant is a corporate. So if need to do recovery, it should be fairly easy. And yes, i bought it because it is a corporate tenant.

But I want to find out what exactly can i recover.

(1) Can I recover 10 months worth of rental? given than dip clause is for 12 months, and only 2 months has passed, or

(2) I can only try to find a tenant now and make the previous tenant pay for the difference in rental, if any.

Unfortunately the TA only has the standard wordings

First of all, congrats that the dip clause is definitely invalid, you are entitled to keep the rental deposit which I suppose is 2 months of rent.

For your TA, check it to see what damages are specified for break lease. My previous TA states that I am entitled to keep the tenant's deposit only. It didn't state that I could claim loss of rental etc from the tenant.

Even if TA states that you could claim more from the tenant, you would need to go to court to enforce it. I would suggest that you focus on finding a new tenant instead of pursuing the matter. Losing tenants are part and parcel of owning an investment property.

Wish you the best!

[Lovelle]

even if it states there , you can claim losses from tenant but how are you going to do it if tenant go back home or ignore all your claims.

landlord also has disadvantage

[pweesng]

Agent sitting duck and get the comm already.. Ask your agent to sort out this shit !!

a bit hard...

1) My agent can't do anything, because the tenant is still intact at completion time.

2) Tenant's agent is not paid by me. She just kept saying that the Corporate is asking her to find replacement tenant...

hence my question, can i not take any new tenants and collect 10 months of rental from the existing tenant?

[pweesng]

even if it states there , you can claim losses from tenant but how are you going to do it if tenant go back home or ignore all your claims.

landlord also has disadvantage

in my case, the tenant is not running away from anything... i am sure they will pay, if they have to pay. That is the benefit of leasing to a corporate instead of an individual.

I am trying to find out if i am entitled to collect and how much can i collect.

[Lovelle]

in my case, the tenant is not running away from anything... i am sure they will pay, if they have to pay. That is the benefit of leasing to a corporate instead of an individual.

I am trying to find out if i am entitled to collect and how much can i collect.

that's good. I think, you shld be able to get him pay till end of contract. The termination clause will only kick after certain period. Just double check otherwise just type out the termination clause here so we can check for you FOC.

[zeamybro]

One way is to find an experienced agent now to help market your unit for rental. At the same time, you shld be able to consult him/her FOC on how you shld deal with the current tenants, and what kind of compensation you are entitled (of cos based on the existing TA).

I have come across some agents who were really very helpful in going through the TAs, but of cos you must have business opportunities for them la..

[Blue]

For break lease cases, better to consult a lawyer. Might wan to check if the company that signed the lease got $$$ to pay boh. If it's a $2 paid up company, dun waste good $$$ going after bad $$$.

[radha08]

Sometimes i feel all this kind of thing is a scam...wner sell property supposedly with a HIGH tenancy amount....so easier to sell the property but there was never any tenant just ACTION ACTION tenant so after sale closed owner take over...

[Blue]

Sometimes i feel all this kind of thing is a scam...wner sell property supposedly with a HIGH tenancy amount....so easier to sell the property but there was never any tenant just ACTION ACTION tenant so after sale closed owner take over...

Possible scam. Some CCR condo owners signed high rental agreements but offered rent free months for fitting out. This creates the "fake" impression of popularity which in turn jacks up the selling price / rental for subsequent tenancy.

[sh]

in my case, the tenant is not running away from anything... i am sure they will pay, if they have to pay. That is the benefit of leasing to a corporate instead of an individual.

I am trying to find out if i am entitled to collect and how much can i collect.

Technically, the contract is in force until the diplomatic clause kicks in. You're entitled to the rental no whether anyone stays in the unit.

The same thing happened to me before. I allowed the tenant to break the lease with the following conditions:-

1) he has to find a new tenant for me, with equilvalent or higher rental
2) he has to pay the commission for the new lease.
3) No vacant period between new and old tenant.
In the end I got $300 more rental and free furniture from him....

Win win for both... more for me....