Private House Rental - 2 Yrs Contract

[Warrior88 0]

Dear everybody,

Wonder any encounter this situation.

Contract says tenant must stay at least 12 mths for a 2 years contract.

Or pay penalty of 12 mths rental fees. (2500 X 12 = $30,000 )

I think this is the standard contract in most rental terms.

Don't think tenant will pay that much.

What can I do. anyone ever compromise with tenant.

I already paid agent fees and throw away all my furnishing.

May be hard to get another tenant.

[forgotten 1]

Dear everybody,

Wonder any encounter this situation.

Contract says tenant must stay at least 12 mths for a 2 years contract.

Or pay penalty of 12 mths rental fees. (2500 X 12 = $30,000 )

I think this is the standard contract in most rental terms.

Don't think tenant will pay that much.

What can I do. anyone ever compromise with tenant.

I already paid agent fees and throw away all my furnishing.

May be hard to get another tenant.

I rented rooms before. The penalty is 1 month rent on my leases. Wah how come it's 12months on your lease?

Edited April 26, 2010 by forgotten

[therat 18]

I rented rooms before. The penalty is 1 month rent on my leases. Wah how come it's 12months on your lease?

I guess TS is refer to private property

I know some Condo rental is 2 yrs (1 yrs fix , 1 yr subject to agree)

To TS,

Last time, mine tenant contact is 1 yrs (9 mth fix, 3 mth notice).

The tenant was re-post to other country before the 9mth end.

She found another tenant to take over her rental.

But we still continue collect the rental direct from her, rental as per contract.

May be you can ask ur tenant to ask someone to take over his/her contract.

Since you have pay commission to the agent.

Ask the agent, they should know what to do

[forgotten 1]

I guess TS is refer to private property

I know some Condo rental is 2 yrs (1 yrs fix , 1 yr subject to agree)

To TS,

Last time, mine tenant contact is 1 yrs (9 mth fix, 3 mth notice).

The tenant was re-post to other country before the 9mth end.

She found another tenant to take over her rental.

But we still continue collect the rental direct from her, rental as per contract.

May be you can ask ur tenant to ask someone to take over his/her contract.

Since you have pay commission to the agent.

Ask the agent, they should know what to do

Thanks for pointing out.

[therat 18]

TS,

Hope your contract has indicate Diplomatic clauses and

It is STAMP

[Warrior88 0]

I guess TS is refer to private property

I know some Condo rental is 2 yrs (1 yrs fix , 1 yr subject to agree)

To TS,

Last time, mine tenant contact is 1 yrs (9 mth fix, 3 mth notice).

The tenant was re-post to other country before the 9mth end.

She found another tenant to take over her rental.

But we still continue collect the rental direct from her, rental as per contract.

May be you can ask ur tenant to ask someone to take over his/her contract.

Since you have pay commission to the agent.

Ask the agent, they should know what to do

Agent told me they can't break the lease. Now pursuading them to continue the terms.

"She found another tenant to take over her rental.

But we still continue collect the rental direct from her, rental as per contract."

I worry it is not legal for tenant to sublet again.

[therat 18]

Agent told me they can't break the lease. Now pursuading them to continue the terms.

"She found another tenant to take over her rental.

But we still continue collect the rental direct from her, rental as per contract."

I worry it is not legal for tenant to sublet again.

illegal mah?

Don't think so.

As long as it is properly done, legally.

I think I receive the doc from lawyer.

Let me go home and check, see whether I still had the doc with me or not.

[Warrior88 0]

Now the tenant is late in rental fees by 11days. My agent call tenant but handphone got cut.

My agent call their agent, says tenant partner overseas, cannot sign the cheque.

There is a clause that states tenant should not be late in arrears by 7 days.

There is a diplomatic clause that says tenant can terminate lease only after 12 months ( more for foreigner ) but wah pian eh, 2nd months wanna terminate liao.

By the way, tenant use my address for their private bussines, legal one lah.

If they go bankrupt, no need to honor this lease liao ?

[blue_skies 3]

warrior,

Do you have a proper tenancy agreement (TA) with the current tenant who is late on paying rent? And has the TA been stamped?

If yes, does the clause say that the landlord can enter the house and repossess the property if the rent is late? e.g.

(a) If the rent hereby reserved or any part thereof shall be unpaid for seven (7) days after becoming payable (whether formally demanded or not) or if the Tenant shall at anytime fail or neglect to perform or observe any of the obligations, stipulations and agreements herein contained on his part to be performed or observed or if the Tenant or any other person in whom for the time being the tenancy be vested shall become bankrupt or enter into composition with the Tenant’s creditors or suffer any distress or execution to be levied on the Tenant’s goods or if the Tenant being a company shall go into liquidation whether voluntary (save for the purpose of amalgamation or reconstruction) or compulsory then and in any of the said cases it shall be lawful for the Landlord at any time thereafter to re-enter upon the premises or any part thereof and thereupon this tenancy shall absolutely terminate but without prejudice to the right of action of the Landlord in respect of any antecedent breach of this Agreement by the Tenant.

If you have such a clause, you can use your spare set of keys and enter the house and ask them to leave. After all, you have been trying to contact them but they come up with all sorts of excuses. To me, this is just excuse to delay payment.

If I were you, I would get my lawyers to draft an eviction notice and get them to pay the outstanding sum (in cash) by next week or they have to leave the house by that date / time.

Also ask your lawyers to do an enhanced individual search on the tenant (and his company) to see if they have any writ of summons issued against them - i.e. they owe other pple money. This probably means they won't be able to pay your rent too.

Edited May 13, 2010 by blue_skies

[Warrior88 0]

My TA is with stamp copy. It include the 7 days clause.

I think tenant will gladly leave if I go down. Guess thats what they want, BREAK LEASE.

I just don't want them to get off so easily. So irresponsible, sign 2 years, ask me to throw all my furnishing, stay 2 months only and wanna break lease.

I understand that this is contract law not property law. I heard its quite a long winded case.

Evict tenant, Apt freeze until final verdict. Maybe both sides lose.

I think tenant request us to look for another tenant.

I will agreeif the new TA should be of same terms as current,

Tenant have to compensate me if there is any loss.

Eg, tenure, month rental, add furnishing.

Also, the agency fees should be borne by them.

All expenses should not be deducted from their 2 months deposit.

( Reasonable ) ????

[blue_skies 3]

My TA is with stamp copy. It include the 7 days clause.

I think tenant will gladly leave if I go down. Guess thats what they want, BREAK LEASE.

I just don't want them to get off so easily. So irresponsible, sign 2 years, ask me to throw all my furnishing, stay 2 months only and wanna break lease.

I understand that this is contract law not property law. I heard its quite a long winded case.

Evict tenant, Apt freeze until final verdict. Maybe both sides lose.

I think tenant request us to look for another tenant.

I will agreeif the new TA should be of same terms as current,

Tenant have to compensate me if there is any loss.

Eg, tenure, month rental, add furnishing.

Also, the agency fees should be borne by them.

All expenses should not be deducted from their 2 months deposit.

( Reasonable ) ????

If the tenant is late in paying you rental, I don't think you got a good chance to ask them to compensate you for furnishing, agent fees etc.

But if this current tenant / agent can find you a new tenant, why not take it? You'll save on agent fees, wasting time to advertise again etc. and the new tenant will have to take over whatever is in the contract (including the existing furniture).

To me, one month of no rent is not worth it. Each month loss of rental will all add up. Better to get a new tenant asap and get your rental income rather than wasting time with the current tenant.

[wj888 0]

If the tenant is late in paying you rental, I don't think you got a good chance to ask them to compensate you for furnishing, agent fees etc.

But if this current tenant / agent can find you a new tenant, why not take it? You'll save on agent fees, wasting time to advertise again etc. and the new tenant will have to take over whatever is in the contract (including the existing furniture).

To me, one month of no rent is not worth it. Each month loss of rental will all add up. Better to get a new tenant asap and get your rental income rather than wasting time with the current tenant.

Agree with him..

Understand that you threw away your furnishings, so if they have their own furnishing in there, you can negotiate for the furnishing to stay. Then take the 2 months deposit as compensation. And then get on with your life and find another tenant.

Sometimes , it's better to do the face-to-face conversation and just find ways to settle this outside of law. Agents got no time to help you once the money is in their pocket.

Does you no good to see justice served (unless of course, you can afford it