Law on giving notice to tenants

[CondoOwner33]

I own a condo in Singapore and my current tenants have been living there for over 3 years. My family is coming back from an overseas posting and we'd like to move back in mid-year, but the lease doesn't expire until November 2011. With the real estate scene in Sing being rather tough at the moment, they're not so keen to move.

What's the law in Singapore? Do we have to wait until the end of the lease, or can we officially give a notice period - say 2 or 3 months - and then they'll have to move out?

[Bigtime]

The law would be right on by the lease.If you want them moved out, you are required by the law to compensate the moving costs plus the compensation equal to the rent of remaining months in the lease.  However, you can try discussing with your tenant asking for their cooperation not to ask from you that much. If you have been a good landlord and they are a decent tenant , you might be able to get a green light from them wit less damage.

My landlord broke my lease once because he sold the place without carrying on the lease and he has to pay through the roof because he is a rude greedy&doggy singaporien man .We would have ask him to pay for only moving cost.

[NotQuite]

When you sell a place here the tenancy agreement transfers with the sale. So unless there was a clause in the tenancy agreement saying otherwise (which would have been highly unusual) then the new owner could not have made you move out unless you agreed

As for the OP. You and the tenants have signed a contract for a specific period of time. Again, unless there are break clauses (like the diplomatic clause, or some enbloc clause) both tenant and LL have to honour the contact. If you want them to move out earlier, you are not required by law to compensate them, but unless you do so, there is little reason for the tenants to agree to move out

[To OP]

The advice you have been given here is worth as much as you've paid for it.

Suggest you consult a lawyer.

Notquite, your second paragraph is completely wrong.

[NotQuite]

Really,In what way? You are saying that a landlord has the right to terminate a lease at any time?     

[Owner's right]

I think that you will find in most countries that where a landlord wishes to occupy the premises themselves they are entitled to give reasonable notice to terminate the lease.

Unfortunately in Singapore this "i want to come and live in my apartment" excuse is a ruse to get out of paying compensation.  Not saying that this is the case for OP merely that it is an issue here.

[NotHere]

Don't think so. I bought a place with a tenant that I wanted to live in and was told that I could not terminate the lease early

[property_expert]

OP, may I ask you who gave you the idea of real estate scene being 'rather tough' now? The rental market is luggish and rentals are going down... Your tenants will not have any problems finding a place here.

[Shine A Light]

Maybe in six months, after the landlords wake up and smell the coffee. They always hang on asking higher rentals until they "cannot anymore, lah"! I have seen them hang on for years, frankly, leaving their properties empty, rather than be the first guy on the block to crumble and kowtow to the evil expats who rent from them.

[Blaze]

Maybe in six months, after the landlords wake up and smell the coffee. They always hang on asking higher rentals until they "cannot anymore, lah"! I have seen them hang on for years, frankly, leaving their properties empty, rather than be the first guy on the block to crumble and kowtow to the evil expats who rent from them.

hang on for years, frankly, leaving their properties empty

That would be more than 60.000 SGD gone, with 5.000 monthly rental, down the tube.. 

[Reality]

Maybe in six months, after the landlords wake up and smell the coffee. They always hang on asking higher rentals until they "cannot anymore, lah"! I have seen them hang on for years, frankly, leaving their properties empty, rather than be the first guy on the block to crumble and kowtow to the evil expats who rent from them.

You really don't get it do you. Plenty of rich local families and those from Indonesia or China just don't need your money and would rather leave their places empty than deal with pain in the arse expat tenants. I am an expat and a landlord here, and believe me if I didn't have mortgages to pay, I would love to not have to deal with whinging, prima donna tenants who seem to lack the smallest amount of common sense

[LOL at PP]

Maybe in six months, after the landlords wake up and smell the coffee. They always hang on asking higher rentals until they "cannot anymore, lah"! I have seen them hang on for years, frankly, leaving their properties empty, rather than be the first guy on the block to crumble and kowtow to the evil expats who rent from them.

You really don't get it do you. Plenty of rich local families and those from Indonesia or China just don't need your money and would rather leave their places empty than deal with pain in the arse expat tenants. I am an expat and a landlord here, and believe me if I didn't have mortgages to pay, I would love to not have to deal with whinging, prima donna tenants who seem to lack the smallest amount of common sense

How thick are you? If they 'don't need your money and would rather leave their places empty' then why would they put it out in the rental market in first place? Sorry to crush your fantasy but most people here have mortgage and quite much of it too.

[Reality]

How do you know all the empty units you see are on the rental market?

[True]

The law would be right on by the lease.If you want them moved out, you are required by the law to compensate the moving costs plus the compensation equal to the rent of remaining months in the lease.  However, you can try discussing with your tenant asking for their cooperation not to ask from you that much. If you have been a good landlord and they are a decent tenant , you might be able to get a green light from them wit less damage.

My landlord broke my lease once because he sold the place without carrying on the lease and he has to pay through the roof because he is a rude greedy&doggy singaporien man .We would have ask him to pay for only moving cost.

If a Tenant breaks a lease for any reason, they are legally responsible to pay out the entire duration of the lease.

e.g. Monthly rent $5000.  Tenant breaks a 2 year lease after 11 months.  Tenant must pay $5000 x remaining 13 months.

If Landlord breaks a lease for any reason, the same terms apply!!!  Court will back you on this.

So you should only agree to move out IF IT SUITS YOU. 
And, you MUST negotiate some terms - e.g.:
- Landlord to pay your moving fees (proper 'expat approved' company not Johnny Wong Movers!)
- Move out date (be careful to agree to move out too soon as you might not have time to find a replacement apartment that you like more than current one)
- Guarantee that 100% of Security deposit will be given back (better yet, demand it in advance to pay your NEW expense of Security deposit and rent in advance at the new apartment.  Otherwise, you will be up to your ears in expense and still waiting for the Security deposit refund)
- SOME "compensation" for inconvenience.  After all, you signed a 2 year lease!  You are moving out to satisfy their whims.  A very fair compensation would be 2 months rent as a MINIMUM.  I know people who could have gone to court and had a Landlord pay them 14mths, but they settled as amicably as possible and got 6 mths PLUS all the other points above which totally tallied up to around $30,000.

[Armchair]

The law would be right on by the lease.If you want them moved out, you are required by the law to compensate the moving costs plus the compensation equal to the rent of remaining months in the lease.  However, you can try discussing with your tenant asking for their cooperation not to ask from you that much. If you have been a good landlord and they are a decent tenant , you might be able to get a green light from them wit less damage.

My landlord broke my lease once because he sold the place without carrying on the lease and he has to pay through the roof because he is a rude greedy&doggy singaporien man .We would have ask him to pay for only moving cost.

If a Tenant breaks a lease for any reason, they are legally responsible to pay out the entire duration of the lease.

e.g. Monthly rent $5000.  Tenant breaks a 2 year lease after 11 months.  Tenant must pay $5000 x remaining 13 months.

If Landlord breaks a lease for any reason, the same terms apply!!!  Court will back you on this.

So you should only agree to move out IF IT SUITS YOU. 
And, you MUST negotiate some terms - e.g.:
- Landlord to pay your moving fees (proper 'expat approved' company not Johnny Wong Movers!)
- Move out date (be careful to agree to move out too soon as you might not have time to find a replacement apartment that you like more than current one)
- Guarantee that 100% of Security deposit will be given back (better yet, demand it in advance to pay your NEW expense of Security deposit and rent in advance at the new apartment.  Otherwise, you will be up to your ears in expense and still waiting for the Security deposit refund)
- SOME "compensation" for inconvenience.  After all, you signed a 2 year lease!  You are moving out to satisfy their whims.  A very fair compensation would be 2 months rent as a MINIMUM.  I know people who could have gone to court and had a Landlord pay them 14mths, but they settled as amicably as possible and got 6 mths PLUS all the other points above which totally tallied up to around $30,000.

Lawyers. Utter rubbish.