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 Lawyer's Corner v2, One-stop centre for any legal queries

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Mlchoo
post Feb 8 2012, 10:25 AM

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I need advice from all the sifus here.

My tenant wishes to break lease. Its a 2 yrs lease and they have occupied for about 10 months. Can I know what I can claim from them besides forfeiting the 2 months deposit. Must I return the utilities deposit? Must they give 1 months notice before termination? Can I claim back the commission paid to the agent (pro rated)?

Any other advice is most appreciated.
Thanks.
Mlchoo
post Feb 9 2012, 10:56 AM

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Thanks. Actually the TA only state that the 2 mths deposit will be forfeited but nothing on the utilities deposit and notice period. So do I need to return the utilities deposit?

Another question I have regarding housing loan. If loan is redeemed on the 15th, can the bank still charge interest for the full month? Shouldn't interest be up to only 15th? If bank insist this is their policy and this is not stated in the loan agreement, what can one do to claim back the 15 days of over charging? Thanks.

QUOTE(dariofoo @ Feb 9 2012, 09:12 AM)
Is there an agreement? If yes, then look at your agreement to see what is provided for in the event of termination. Some states that notice can be given for early termination, while others do not. So check and see what are the terms first.

Whether you can forfeit or not also depends on the agreement. Same goes for utilities.

With regard to the commission, I doubt if you can claim for that. The agent has done his job and the lessee's act has nothing to do with the agent, who is not privy to your agreement.

icon_rolleyes.gif
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This post has been edited by Mlchoo: Feb 9 2012, 10:58 AM
Mlchoo
post Feb 9 2012, 11:10 PM

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Hi Dario,

I had already "very forcefully" told the bank to show proof this is stipulated in the loan agreement. I am waiting for their answer now... whistling.gif think the lady also blur liao after my "talk" with her, she said got to go check wor... nod.gif
I told her if they state this clearly upfront, I would have taken the principal and go put fixed deposit for half a month and earn interest, rather than pay the bank early and still need to pay to them full month interest!! I even said if this is their bank practice, on the flipside, I will open a savings account and close it on the 10th, see if they will give me full month interest boh... if yes, I shall share to the world such easy money. rclxms.gif

I also checked with a friend of mine who is a Loans manager in another bank. His bank does not charge interest after the redemption date. It's just logical I feel. That is what I am telling my bank. So I cannot accept just like that. Now I want the bank to show me where is this stated in the loan agreement!!! If not, return me my hard earn money. cry.gif

Maybe I should charge them interest (full month like them) for the delay in returning my money... Can I charge them interest? biggrin.gif

QUOTE(dariofoo @ Feb 9 2012, 10:05 PM)
Not sure,mate. It has to be reflected in the loan agreement. Are you sure that nothing is stated there?

If you want to claim back, and if you think you have a good case, then you have to appoint a lawyer and sue the bank! Or you can act in person also and sue the bank. As a matter of principle, of course.  icon_rolleyes.gif

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Mlchoo
post May 17 2012, 05:41 PM

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Hi Dariofoo,
I own an apartment. The condo is very nice except for some people turning it into a budget motel. They rent out room by room on nightly basis. I know one of the biggest operator owns and rents more than 20 apartments. He is running big business. Even have a few cars to ferry his guests to airport.

As this is a residential place, is there any law that disallow such practice? Can he use a residential place to run a business? What legal steps can we take to get him to stop? Can make police report or MP can help? With so many unknown faces walking in and out, it makes the place unsafe.

Appreciate your advice.
Thank you.

This post has been edited by Mlchoo: May 17 2012, 05:43 PM
Mlchoo
post May 21 2012, 04:19 PM

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Hi dariofoo,

Not sure if you missed my posting. Appreciate if you can advise on this. Thanks.
//

I own an apartment. The condo is very nice except for some people turning it into a budget motel. They rent out room by room on nightly basis. I know one of the biggest operator owns and rents more than 20 apartments. He is running big business. Even have a few cars to ferry his guests to airport.

As this is a residential place, is there any law that disallow such practice? Can he use a residential place to run a business? What legal steps can we take to get him to stop? Can make police report or MP can help? With so many unknown faces walking in and out, it makes the place unsafe.

Appreciate your advice. Thank you.

Mlchoo
post Sep 17 2012, 03:05 PM

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Hi Dariofoo,

My downstairs condo owner came to complain that water from my bathroom leak to his unit. So he ask us to go repair the leak.
May I ask if there is a law to say who should be responsible for the repair or what is the normal practice for such matter?

Appreciate your advise. Thanks.
Mlchoo
post Dec 1 2012, 05:08 PM

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Hi dariofoo,

I am asking on behalf of a friend.

He bought a condo for his son as investment (condo under son's name). He is now afraid that his son might sell the condo and spent all the money. He is thinking if there is a way to stop this from happening such as making a power of Attorney? Will this prevent his son from having the power to sell? Or if cannot, any other way?

Appreciate your advise. Thanks.
Mlchoo
post Dec 2 2012, 02:16 PM

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its without title although the management says they are in the process of obtaining this.

what do you mean encumbered? the unit still has some bank loan.

tks.


QUOTE(dariofoo @ Dec 1 2012, 11:24 PM)
With or without title? Encumbered or not?
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Mlchoo
post Dec 3 2012, 03:29 PM

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1st scenario: When title is release, can my friend then execute a PA even if loan not fully paid up?

2nd scenario: If my friend pays up the loan, I assume he can then execute a PA. With this PA can his son still have the power to sell?

Just for my info, how does this deed of trust work (assume in the context of my friend's case before he even bought the unit). The real owner is who? Loan under whose name (my friend too old to take a loan)? When my friend passes away, will the ownership be automatically transferred to the son and if yes, any tax need to be paid?

Thanks.

QUOTE(dariofoo @ Dec 2 2012, 11:38 PM)
Encumbered means there is a charge/assignment over the property as security for a loan. Essentially, it means ther eis an existing loan which is not redeemed.

Well, if there is no title and if property encumbered, then there would have been a PA executed in favour of the bank, so the bank gets first priority. So, the father can't insist on another PA from his son to him now as it cannot supercede the PA in favour of the bank.

As such, I can't see any other way. If he didn't trust his son then he ought to have just kept it in his name and then execute a deed of trust in favour of his son.  That would maintain his intention while keeping it out of the reach of his son at present.
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