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 Lawyers Corner, A one-stop centre on lawyers and queries

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mywii
post Jan 5 2011, 09:36 AM

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Hi. This must be the worst experience I am facing. Let me know if I am in the wrong thread.

I have just rented my condo out in Nov. Tenant very prompt in deciding to rent and paid immediately 2 months deposit and half month utilities. First month due , I have to sms and called and finally he came back and said relatives passed away. Being human I did not chase him after he promised to bank in by a date. No payment after the date and I started to chase him several times. He has then finally bank in which is 3 weeks delay. Now coming to the 2nd month, 8 days overdues, sms and call no reply. Maintainence office said water bill not paid and TNB also not paid.

Help...What should I do?
mywii
post Jan 5 2011, 11:08 AM

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QUOTE(antal @ Jan 5 2011, 11:00 AM)
Sounds exactly like my previous tenant for my condo. after third month had to bring bouncers and police in ... caught the buggers in the midst of cabut, even with my fittings. Coz of police presence they paid up for everything.

my advice, go c ur lawyer and start eviction process (unless u got jalan for cops n thugs). I hope you have copy of his NRIC also. don't hesitate to list him in citos n yes it will cost but u have to do your part to let these types of ppl know that they will get screwed in the end n hopefully cut this type of problem down. 

good luck!
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Will police help? Ya I have his copy of IC.

Can you just simply list a person in CTOS? HOw much is that?

I did check the eviction process. Its very time consuming and cost is unknown. But guess no choice if that is the last resort.

Hope to hear any more effective tactics.
mywii
post Jan 6 2011, 10:59 AM

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QUOTE(dariofoo @ Jan 5 2011, 01:33 PM)
Firstly, you're in the right thread. Welcome.

It's only been two months, so it might be a bit too early to set the alarms ringing. Perhaps he would usually be able to pay on time but due to unforseen circumstances, he was unable to do so. Perhaps he's going through a rough patch.

With regard to rent, bearing the above in mind, you can tolerate the delays for the time being. Give it a few more days time, then you better pay him a visit and address with him the issues of late payment of rental and unpaid utility bills, as the latter may accumulate and burgeon into one huge load on you later on. The way he reacts can tell whether he's gonna improve things or otherwise.

However, if you smell a rat and you want to cut him off while it's still early and forfeit the deposit, this is what you have to do:

1.Do you have a tenancy agreement?
2.There ought to be a clause stating that in the event the tenant fails to pay monthly rent by X date, the landlord can terminate the agreement. You may have to give one month's notice in advance.
3. Once he defaults after X date, send him a letter terminating the tenancy.
4. Forfeit the deposit as it is to cover the one month rent which is still outstanding as well as rent for the one month notice period - make sure that he settles the utilities, or else, use the money from the half-month deposit to clear the bills.
5. Once the 1 month period is up, tell him to vacate the premises.

What happens after that is hard to guess. On one end, he might be graceful and leave without kicking up a fuss. On the other end of the spectrum, he might damage your house and leave in a huff and without any trace.  nod.gif

I know of such tenant who filled up the landlord's toilets with faeces, clogged it with bottles, and then kept on flushing it until the whole toilet was flooded. The end result? I leave to your imagination ya.  sweat.gif 

So weigh your options carefully first before deciding.  nod.gif


Added on January 5, 2011, 2:18 pm

If you subsequently sue him for unpaid rental and you get a court order in your favour, you can send it to CTOS for them to enter into their database. Any judgments where there is a monetary sum involved would be welcomed by CTOS. If it is just to humiliate or embarass him just because he did not pay you rent now or if you evict him, CTOS is not the right avenue.

Eviction would be the last resort. Cross that bridge when you reach it.  nod.gif
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Wow ...thanks man... it can be a hell sad.gif ...let see how it goes.. unsure.gif .
mywii
post Mar 1 2011, 10:21 AM

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I have a friend staying in Arena Green Apt. His unit is at the highest floor. Roof has leak whenever it rains. He has reported to the management office since Dec 2010 and has been chasing them several times. Till today the office has not done anything.

Any advice on what he can do?

Thanks.
mywii
post Mar 1 2011, 08:33 PM

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QUOTE(jessy123 @ Mar 1 2011, 06:25 PM)
i suggest that your friend should write to them officially and give them a deadline to repair it - otherwise tell them you will repair it yourself and send them the bill  (offset against maintenance fee)...ya also tell your friend to inform them that he /she will bill them for the damage to the furniture, flooring, repainting wall etc or whatever caused by the leak..take pictures to keep as proof...
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Thanks for d advice . Legal ar?
mywii
post Mar 3 2011, 04:18 PM

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QUOTE(dariofoo @ Mar 2 2011, 02:30 PM)
Offset against maintenance fee? What is your authority on this? Is it stated anyway in the agreement that you can do it? What is the legal basis for your advice?

Please elaborate.
That is the first time ever in this thread, unfortunately, that someone has asked this question - whether 'advice' given is legal or otherwise.  doh.gif

It is a sad day indeed.  cry.gif
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rclxub.gif dun understand....did I say something?
mywii
post Mar 3 2011, 06:37 PM

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QUOTE(dariofoo @ Mar 3 2011, 04:43 PM)
Read the discussion with Hansel above for a better idea.

Is it within the DLP? Has it been 18 months since date of vacant posession? Check with friend.

Advise your friend to write a letter of complaint to the m'ment office detailing the defect and stating that it has been since xxxx date.

Get it acknowledged.

If still within DLP, cc it to the solicitor who prepared the S&P for their record purposes.  nod.gif

Don't advise your friend to stop paying maintenance, offset charge, etc etc. That is wrong and contrary to the law.  bruce.gif
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Oh...its way over DLP. Few years now.
mywii
post Mar 5 2011, 02:43 PM

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Thanks dariofoo and Hansel for the advice. I have informed my friend. Will keep everyone updated of the outcome so that anyone facing the same problem knows what to do.

Thanks again. notworthy.gif

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