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Thread: Premature ending of Tenancy Contract

  1. #1
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    Default Premature ending of Tenancy Contract

    Hi
    if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
    How to settle on the remaining tenancy period?
    Anyone Any advice

  2. #2
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    This clause should be in your tenancy agreement.

  3. #3
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    Question

    Quote Originally Posted by DC33_2008
    This clause should be in your tenancy agreement.
    Sorry what clause?

  4. #4
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    Quote Originally Posted by hycondo
    Sorry what clause?
    whether the landlord can give u notice to move when he sells the unit

  5. #5
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    Quote Originally Posted by hycondo
    Hi
    if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
    How to settle on the remaining tenancy period?
    Anyone Any advice
    Just look for the exist clause! The statement talk about compensation when the contract is premature terminated.

  6. #6
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    Usually cannot. Need to rent finish. But you need to voice it out by giving them an official notice. If you move out without saying anything, it will be a BIG disadvantage to you if this go to court. But still, no. No need to move out in normal circumstances.


    Quote Originally Posted by hycondo
    Hi
    if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
    How to settle on the remaining tenancy period?
    Anyone Any advice

  7. #7
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    Is there a clause,"Sale of Premise"?

  8. #8
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    There is sometimes a "sell with tenancy" option.
    There is sometimes a 1-3months notice to terminate tenancy agreement, can be by either party.
    If written in the contract, nothing tenant can do.
    If not written, can fight legally, but waste time and energy.
    So many units for rent in market, easier to just find another unit and move out.

  9. #9
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    Quote Originally Posted by sfwoo
    There is sometimes a "sell with tenancy" option.
    There is sometimes a 1-3months notice to terminate tenancy agreement, can be by either party.
    If written in the contract, nothing tenant can do.
    If not written, can fight legally, but waste time and energy.
    So many units for rent in market, easier to just find another unit and move out.
    If no clause exists that says the landlord can terminate tenancy early with given x months notice to the tennant, then he is in a legally binding contract to rent the apartment to you until the end date of your agreement.

    Make sure the landlord knows that you appreciate this point.
    If you like the place, stay there.
    If you don't & want to move, demand compensation for the early move anyway, he is after all inconveniencing so make him pay up.

    I wouldn't say fighting is a waste of time & energy, some of these landlord just don't know how to behave in an honourable way.

    If a tenant wanted to end their tenancy early, can he morally just walk away? The reverse must also be true.

    You can go through the small claims court if your claim is less than 10,000
    It's cheap & fast and is way of impressing on the landlord that he won't be able to make it drawn out & expensive to discourage you from making him stick to an agreement he made.

    Anyhow, the only way to know is to look at your tenancy agreement to find your actual situation.

    Just my 2c

  10. #10
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    Thank you all for your kind advise. The agreement only states that tenant should allow viewers into the house for potential sales. However no mentioning/clause indicate of tenancy termination upon sale of the house.

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    What happen if a tenancy agreement is not stamped? Is it still consider legally binding?

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    Quote Originally Posted by ykyy
    What happen if a tenancy agreement is not stamped? Is it still consider legally binding?
    Signatures of owner, tenant and 2 witnesses are important as both parties has agreed on the terms and conditions with two witness in the agreement.

  13. #13
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    Quote Originally Posted by hycondo
    Thank you all for your kind advise. The agreement only states that tenant should allow viewers into the house for potential sales. However no mentioning/clause indicate of tenancy termination upon sale of the house.
    Every contract will have a exit clause. A statement stating compensation if the contract is premature terminated.

    Most likely is x months of advance notice or rental compensation.

  14. #14
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    Tenancy agreement will also include a clause whereby the other party who breach the contract to pay for the commission to the agent proportionally before giving 3 months notice. Remember to send notice in writing.

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    Quote Originally Posted by ykyy
    What happen if a tenancy agreement is not stamped? Is it still consider legally binding?
    if it is not stamped, then there is no legal binding. that's why tenant is the one paying for stamp fee, that is to protect them.

  16. #16
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    Quote Originally Posted by isaaclim
    Every contract will have a exit clause. A statement stating compensation if the contract is premature terminated.

    Most likely is x months of advance notice or rental compensation.
    The usual tenancy agreement does not has a exit clause..Usual practice is to compensate remaining months of tenancy agreement.

    so far my purchase with tenancy transfer have not seen agreement with exit clause (only with dplomatic clause). I guess, this is a term that potential tenant find it hard to accept especially corporate tenancy.

  17. #17
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    But what happens if it's the tenant that breaks the agreement? Does it mean that he has to compensate the owner for the remaining term on his lease?

    Quote Originally Posted by Douk
    The usual tenancy agreement does not has a exit clause..Usual practice is to compensate remaining months of tenancy agreement.

    so far my purchase with tenancy transfer have not seen agreement with exit clause (only with dplomatic clause). I guess, this is a term that potential tenant find it hard to accept especially corporate tenancy.

  18. #18
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    Some agreements these days don't provide for early termination or even compensation in case of termination. So at the end of the day, when termination happens, it's a matter of negotiation between landlord and tenant.

  19. #19
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    Quote Originally Posted by silver023
    Some agreements these days don't provide for early termination or even compensation in case of termination. So at the end of the day, when termination happens, it's a matter of negotiation between landlord and tenant.
    quite useless

    if you rent out a MM units for say 2.3k a mth ..

    keep 2 mth deposits ..

    and tenant decides to leave after 6mth ..say a 2 yr lease ..

    if mkt rent goes up i am sure landlord will let him go .. can tenant then get back some of the depo ? afterall landlord will be getting a higher rent ..

    if rental falls .. he decides to pack and go WITHOUT tell you ..
    what can u do ?

    i have a friend who once rented a 2 bedroom unit in D1 to a banker ..
    who lost his job later .. and he left just like that .. and funny thing is he actually called my friend, the landlord .. at the airport ..that he is leaving .. and has moved out ..

    my friend suffered like 6mths without a replacement ..

    with or without contract .. theres really not much landlord can do ..especially if the rent is like 2-4k type

    if you are talking about GCB of those 20k rent a mth ..then of course you can try take him to court ..and shame the tenant ..

  20. #20
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    That's quite sad. Then it actually goes to show that contracts are practically meaningless and only acts as form of psycological barrier. The way I see it, the landlord usaually stands to lose out more than tenants.

    Quote Originally Posted by proud owner
    quite useless

    if you rent out a MM units for say 2.3k a mth ..

    keep 2 mth deposits ..

    and tenant decides to leave after 6mth ..say a 2 yr lease ..

    if mkt rent goes up i am sure landlord will let him go .. can tenant then get back some of the depo ? afterall landlord will be getting a higher rent ..

    if rental falls .. he decides to pack and go WITHOUT tell you ..
    what can u do ?

    i have a friend who once rented a 2 bedroom unit in D1 to a banker ..
    who lost his job later .. and he left just like that .. and funny thing is he actually called my friend, the landlord .. at the airport ..that he is leaving .. and has moved out ..

    my friend suffered like 6mths without a replacement ..

    with or without contract .. theres really not much landlord can do ..especially if the rent is like 2-4k type

    if you are talking about GCB of those 20k rent a mth ..then of course you can try take him to court ..and shame the tenant ..

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