Evicting Tenants

[treeOfLife 0]

I am starting a legal battle to try to evict my tenants. Any of you who have experiences or knowledge please come to help to win the battle!

I have a family of tenants of three who are local. They either late or pay partial payment for recent 4 months. They have rented my house for only 6 months.

They ask me to give them 6 month partial payment of 40% of the rental till their business getting better. I agreed to give only 3 months.

When I try to cash out this month partial payment. The check is bounced.

I am very angry because after I agree to help, they did this to me. I sms them and got no reply.

It looks like they are determine to make no payment. The only way I can do is to evict them.

I already send a demand letter to them stating what happened and what are the possible legal actions I will take including forfeiture of tenancy. My TA stated that after 7 days of no payment, I have right to re-entry of premises and terminate the TA.

My main concern is that the eviction process is long and even if I end up evict them, what will I get at the end? I have two months deposit. But this may not cover up possible damage caused such as legal fee.

What can I do to minimize the possible damage?

Edited December 3, 2010 by treeOfLife

[neubie 2]

I am starting a legal battle to try to evict my tenants. Any of you who have experiences or knowledge please come to help to win the case!

I have a family of tenants of three who are local. They either late or pay partial payment for recent 4 months. They have rented my house for only 6 months.

They ask me to give them 6 month partial payment of 40% of the rental till their business getting better. I agreed to give only 3 months.

When I try to cash out this month partial payment. The check is bounced.

I am very angry because after I agree to help, they did this to me. I sms them and got no reply.

It looks like they are determine to make no payment. The only way I can do is to evict them.

I already send a demand letter to them stating what happened and what are the possible legal actions I will take including forfeiture of tenancy. My TA stated that after 7 days of no payment, I have right to re-entry of premises and terminate the TA.

My main concern is that the eviction process is long and even if I end up evict them, what will I get at the end? I have two months deposit. But this may not cover up possible damage caused such as legal fee.

What can I do to minimize the possible damage?

wait till all have left the home for work, than add another chain and lock the gate? they will sure call u one.

[treeOfLife 0]

wait till all have left the home for work, than add another chain and lock the gate? they will sure call u one.

I think this is not really something viable because they can always ask locksmith to unlock lock.

I try to get court order to evict them with help of court sheriff or police if they refuse to leave in the worst case.

There is no problem to do that. The only problem is the process is long. And even court ruled that they must pay the rent and legal cost, if they refuse, how can I cover my cost after evicting them?

[neubie 2]

I think this is not really something viable because they can always ask locksmith to unlock lock.

I try to get court order to evict them with help of court sheriff or police if they refuse to leave in the worst case.

There is no problem to do that. The only problem is the process is long. And even court ruled that they must pay the rent and legal cost, if they refuse, how can I cover my cost after evicting them?

tink ur case is not here not there. taking legal action is only fattening the lawyer's wallets. unless the costs involved can recover, you will find it not worthwhile to do it.

if locksmith come again, put another padlock until they give up.

[edenstrauss 3]

Is it possible for you to throw out ALL their personal belongings while they r away from work?

And of course, change the padlock and use those very thick chain made up of oval rings to loop around your gate.

[treeOfLife 0]

Is it possible for you to throw out ALL their personal belongings while they r away from work?

And of course, change the padlock and use those very thick chain made up of oval rings to loop around your gate.

It is not possible to use force by yourself unless you have a gang with you and you are not afraid of the law.

[neubie 2]

It is not possible to use force by yourself unless you have a gang with you and you are not afraid of the law.

tink throwing out their belongings is not against the law. u are merely exercising ur rights and counter-measures to a breach in tenancy agreement.

[blue_skies 3]

Your family of 3 tenants sounds suspiciously like the non paying tenants I had. Is the husband by any chance a Malay man with NRIC S68XXX26H? If it is, then it would be the same guys I had.

[blue_skies 3]

It is not possible to use force by yourself unless you have a gang with you and you are not afraid of the law.

Get a lawyer to send them a registered letter. This clause will allow you to enter the premises without their permission. Your TA should have something similar that the lawyers can use.

"If at any time any part of the rent is in arrears for 14 days after becoming due (whether formally demanded or not), our clients shall be entitled to re-enter the Premises and resume possession of the Premises and the Furniture and thereupon the tenancy shall absolutely cease and determine but without prejudice to any claim our clients may have against you for any antecedent breach."

I lost my legal fees but I tried to minimise my rental loss by evicting them as as soon as I could.

[treeOfLife 0]

Your family of 3 tenants sounds suspiciously like the non paying tenants I had. Is the husband by any chance a Malay man with NRIC S68XXX26H? If it is, then it would be the same guys I had.

Not, he is not with this IC. But he is not Chinese.

[treeOfLife 0]

Get a lawyer to send them a registered letter. This clause will allow you to enter the premises without their permission. Your TA should have something similar that the lawyers can use.

"If at any time any part of the rent is in arrears for 14 days after becoming due (whether formally demanded or not), our clients shall be entitled to re-enter the Premises and resume possession of the Premises and the Furniture and thereupon the tenancy shall absolutely cease and determine but without prejudice to any claim our clients may have against you for any antecedent breach."

I lost my legal fees but I tried to minimise my rental loss by evicting them as as soon as I could.

Why you cannot recover your legal fee from them? Did the court ask them to pay you the legal fee in the first place?

[blue_skies 3]

Why you cannot recover your legal fee from them? Did the court ask them to pay you the legal fee in the first place?

This guy actually owed many other people lots of money (we found out when our lawyer did a Writ of Summons search on the person), so it'll take a long long time before I can get any money back from him. We didn't have to go to court. Lawyer's letter is good enough to claim back whatever they owe you - provided they can pay. Do PM me if you would like my lawyer's contact.

[treeOfLife 0]

This guy actually owed many other people lots of money (we found out when our lawyer did a Writ of Summons search on the person), so it'll take a long long time before I can get any money back from him. We didn't have to go to court. Lawyer's letter is good enough to claim back whatever they owe you - provided they can pay. Do PM me if you would like my lawyer's contact.

I guess the guy is in the similar situation. That's why I am wondering what can I do to minimize the damage in the case I have to evict them through court.

I hope in Singapore there is a quick and easy way to evict non payment tenants.

Edited December 3, 2010 by treeOfLife

[blue_skies 3]

I guess the guy is in the similar situation. That's why I am wondering what can I do to minimize the damage in the case I have to evict them through court.

I hope in Singapore there is a quick and easy way to evict non payment tenants.

Er, once you go to court, your legal fees will also increase. If you want to still go to court but do it the cheaper way, you can probably go through Small Claims. But I'm not sure if this is a sure win route to get the person evicted in the fastest way.

When you say minimize damage, I presume you mean minimize your monetary loss? Every day that they stay in your home without paying is increasing your monetary loss and preventing you from finding a new tenant. I would personally evict them as soon as I can, clean up the place and move on with a new tenant.

Imagine if your court case takes another couple of months, that means you lose another X mths of rental. And going to court doesn't necessarily gurantee that you are going to get back your money (legal fees or rental), especially if they also owe $$ to other people.

[treeOfLife 0]

Er, once you go to court, your legal fees will also increase. If you want to still go to court but do it the cheaper way, you can probably go through Small Claims. But I'm not sure if this is a sure win route to get the person evicted in the fastest way.

When you say minimize damage, I presume you mean minimize your monetary loss? Every day that they stay in your home without paying is increasing your monetary loss and preventing you from finding a new tenant. I would personally evict them as soon as I can, clean up the place and move on with a new tenant.

Imagine if your court case takes another couple of months, that means you lose another X mths of rental. And going to court doesn't necessarily gurantee that you are going to get back your money (legal fees or rental), especially if they also owe $$ to other people.

What do you mean evict them personally?