Want To Get The Tenant Out - How?

[tabby_n 1]

I just bought a new property with tenancy, but I actually would prefer to move in before the lease is up. The lease doesn't have a break clause, though.

Is there anything I can do? I can't just give notice and throw the person out right?

[therat 18]

when u buy this property, u already know it come with tenant.

Then why now, u complain and want to kick the tenant out?

[tabby_n 1]

It's not that I want to kick him out, but if I could convince him to move that would be best. I could wait until the lease expires - it's only a 1 year lease - but I would prefer if I could move in earlier, that's all.

Otherwise, just sit and wait lor, what to do

I'm thinking of offering 2 mths free stay, but I don't know what else to give.. I'd rather not give cash if possible

[lextie 0]

If you want your tenant out, then better speak with him/her politely. Tell him/her the reasons why you want him/her out. Also make sure that you'll help him in evacuating, for it's hard to move from another apartment. Maybe you could suggest to him that he should rent movers/delivery truck just to bring his/her appliances and furniture at her new apartment.

[merryman 0]

If you want your tenant out, then better speak with him/her politely. Tell him/her the reasons why you want him/her out. Also make sure that you'll help him in evacuating, for it's hard to move from another apartment. Maybe you could suggest to him that he should rent movers/delivery truck just to bring his/her appliances and furniture at her new apartment.

nice advertisement for your own company

back to topic: unless you agree to take over the lease in black and white, it is not your problem but the previous owner and him

Edited June 23, 2009 by merryman

[ncy 0]

From my understanding there are 4 ways how to discharge a party from a contractual obligation. By performance, agreement, frustration or breach.

This looks like a frustration to me because once you have the title of the house, the previous owner is unable to further undertake the performance of the tenancy agreement anymore. This will render the previous agreement null and void.

So by law, it seems like you as the new owner have the power to get the previous tenants out. But I think maybe is more of how to reach an amicable understanding with the current tenant to facililitate their move out, so it can be as seamless as possible for both parties.

Hopefully an understanding can be reached that serves the interest of both parties.

[leechaorui 2]

Just have a conversation with the new tenant. Let him know that you would like to move in and volunteer to help him find a new place.

In shifting out, the tenant will need to incurr the following cost, over and above the inconveniences:

a. Pay agency fee for the rental property

b. Pay movers to move to the new place

c. May need to do some minor reno to the new place

If you could help the tenant pay for the above, with two months free rental throw in, it would be a more attractive proposition. However, this will add up to quite a sum of money.

Regards.

[raincole 0]

Just have a conversation with the new tenant. Let him know that you would like to move in and volunteer to help him find a new place.

In shifting out, the tenant will need to incurr the following cost, over and above the inconveniences:

a. Pay agency fee for the rental property

b. Pay movers to move to the new place

c. May need to do some minor reno to the new place

If you could help the tenant pay for the above, with two months free rental throw in, it would be a more attractive proposition. However, this will add up to quite a sum of money.

Regards.

When I buy a house, I buy the house & its fitting, not its occupancy right. So why should his expenses be mine expenses on top of the $$$$ paid in purchasing the house.

Any rental collected previously, is not due to you right. Any rental collected now is it yours? If you don't need the money can just give him notice and ask him to look for another place.

Maybe due to my own bad experience, tenant left a bad taste in mouth so I will also ask him to left. Else living will become unbearable.

[leechaorui 2]

When I buy a house, I buy the house & its fitting, not its occupancy right. So why should his expenses be mine expenses on top of the $$$$ paid in purchasing the house.

Any rental collected previously, is not due to you right. Any rental collected now is it yours? If you don't need the money can just give him notice and ask him to look for another place.

Maybe due to my own bad experience, tenant left a bad taste in mouth so I will also ask him to left. Else living will become unbearable.

I think you can ask him to leave if there is a provision in the contract for you to end the tenancy agreement prematurely. If there is no provision, I think you will be liable to pay him damages for evicting him prematurely.

[raincole 0]

The contract of buying house does not include the tenancy agreement.

The tenancy agreement is between old owner and tenant.

[therat 18]

The contract of buying house does not include the tenancy agreement.

The tenancy agreement is between old owner and tenant.

it can include in the OTP, stated purchase with tenancy.

When you purchase a unit with tenant.

The tenant agreement will pass to the new owner.

If the tenancy agreement is between old owner and tenant.

Tenant still continue pay the rental to old owner while new owner pay the mthly installment and maintenance fee?

When purchase with tenancy, the new owner not just take over the rental from tenant, he also took the furniture, everything except the tenant personal things.

[horseman 0]

Without knowing the details in the tenancy agreement and condition of the sale of the property, it is rather difficult to answer the questions clearly.

Generally when properties are sold with existing tenancy, the new owner takes cover the contractual obligations of the tenancy agreement. If the tenancy is a condition of sale and the buyer doesn't like the condition, don't buy. Buying it comes with contractual obligations stated in the tenancy agreement. The obligations are legally binding. Hence prospective buyers should at the very least take a look at the tenancy agreement before making an offer. The OTP will also include clauses stating that the property comes with tenancy, so exercising the option means agreeing to the conditions of sale. Upon completion of sale, the new owner will start collecting rent and take over the deposit. Properties with tenancy are attractive as investments because of the yield, but those who intend to occupy the property immediatelt after completion of sale should not have bought the property in the first place.

I will not comment too much on "getting the tenant out", except to say that it is best done amicably within what is stated in the tenancy agreement.

Also useful to check if the tenancy agreement comes with an automatic renewal or first right of refusal clause, because this means that the tenant can continue to occupy the property.

Your agent or lawyer should have advised you properly when you bought the property. I hope this is helpful

I just bought a new property with tenancy, but I actually would prefer to move in before the lease is up. The lease doesn't have a break clause, though.

Is there anything I can do? I can't just give notice and throw the person out right?

[raincole 0]

it can include in the OTP, stated purchase with tenancy.

When you purchase a unit with tenant.

The tenant agreement will pass to the new owner.

If the tenancy agreement is between old owner and tenant.

Tenant still continue pay the rental to old owner while new owner pay the mthly installment and maintenance fee?

When purchase with tenancy, the new owner not just take over the rental from tenant, he also took the furniture, everything except the tenant personal things.

Am I right to say that if it is included in the OTP, then it has to be legal (by HDB - those certain requirement like MOP 5 years, etc and also must declare to income tax since this is income from rental).

[therat 18]

Am I right to say that if it is included in the OTP, then it has to be legal (by HDB - those certain requirement like MOP 5 years, etc and also must declare to income tax since this is income from rental).

correct.

Need to declare the rental income unless you want IRAS to treat you coffee

For private property, almost 100%, all had done the E-stamp to legalize the tenancy agreement.

U want to avoid?

Can teach me, how?

Private don't have that MOP like HDB.

Don't confused HDB with tenant and private with tenant.

HDB had set of rule to follow, like MOP. Private don't have such rule.

HDB tenancy agreement is with the old owner. Private tenancy agreement can transfer to new owner.

Edited August 6, 2009 by therat

[raincole 0]

OIC