Small Claims Court over rental deposit

[Sell the LL's House]

I presume that Singapore would have the same sort of legal process as other places in the world.

Apply to sell the LL's goods. If the warrant for sale is returned nil effects, then presuming that the LL still owns her house, apply to the court to sell her house to satisfy your order.

You'll soon get paid.

[push on]

The bailiff's opinion is his opinion.
I would push the issue in court and claim legal costs in addition.

Obtain the Warrant for Sale en drag the fridge out of the house as a starter. Perhaps there is a washing machine as well. With a bit of luck the present tenant will consider that breach of contract and stop paying the rent to the owner.

Not obeying a court order in Singapore is a serious offence and the owner may be in serious trouble.

To speak with the words of the PP: You'll soon get paid.

[AnotherOne]

Hi,
In a similar situation. We have provided a one month's notice to our LL and plan to vacate by 01-Mar-12. Lease runs till May-12.

Now the LL agent comes back with - "OK to vacate if a suitable replacement is found else the obligatory period is till May-12"

The tenancy agreement does not mention a 'Fixed' duration for the tenancy and does not mention what happens if the agreement is terminated before May-12. It just says that I will have to reimburse the agent's pro-rated commission.

Now if I go ahead and vacate the apartment, what options do I have and does the LL have a legal recourse to insist that I pay the full term?

Keen to get feedback. Thanks!

[Read It Again]

Are you sure? Read it again. Is your lease a short term one, or for 2 years?

[AnotherOne]

yep - Read it a couple of times. I signed up for a year this time around (been in the same apartment 5 yrs now).

On top of it the LL wants to 'review' the prospective tenants profile and evaluate suitability, what a load of s***!

I am thinking of vacating as planned and mailing the keys across!

[chinotango]

Well in the T.A.. on a one year lease.... is there a MINIMUM Occupational period/break lease clause? like example 6 month minim stay with a one month notice?

Its the agent's problem if he cant find a suitable tenant profile after you have given the one month notice..as that way not stated in the contract..
As long as you have done your due diligence in giving the one month notice, the landlord should have no right holding back your deposit or making you pay any extra.

[UsAlly]

Usually, one year leases do not have break lease clauses and one must complete the tenancy or pay up.

[AnotherOne]

Thanks for the inputs folks - got a tenant to take over as soon as we leave so no issues around paying up for the full period. I wasn't planning to anyhow.

Lesson learnt: Go over the fine print for something as mundane as a rental agreement.

Thankfully, we move into our place from here so no more landlord or their agents!

[Bear In Mind]

A lot of landlords do not cooperate in instances like this and insist on being paid for the full term then go out and find their own tenant. Win-win for the landlord. He who baulks first wins.

[Mr A]

A lot of landlords do not cooperate in instances like this and insist on being paid for the full term then go out and find their own tenant. Win-win for the landlord. He who baulks first wins.

If the landlord insists on being paid the full term then he should not be handed back the keys until the term is completed. Let his apartment sit empty and then sue him if he tries to sub let while an enforced contract is still in place.

[SoundsBrill]

Sounds brill, but it won't pan out like that. LL scoops the dosh and gets the keys while squealing weeeweewee all the way home. Unique, alright.