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 Landlord gave last minute notice to move out, forced to move out within 5 days

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TSmelz84
post Jan 26 2016, 09:02 PM, updated 10y ago

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Hi guys,

Seriously need advice from those who had similar experience before.
I've just received a notice from my house leader today (26 Jan 2016) that the landlord has sold the house and being unreasonable, requesting us to move before end of this month. Just less than 5 days away.

We have a 2 + 1 deposit with the landlord, which i pretty much doubt that he's gonna return it.
He also threatened to lock up the unit.

What I can do as a tenant? I don't have any tenancy agreement nor any receipt stating any deposit given.

Having less than 5 days to find a new place is a pain in the ass now since I couldn't afford the deposit for new place cos mine is still stuck with landlord.
Can we make a police report or something?


Update:

- as per "owner" , unit sold in April 2015. Nothing was conveyed to us from the point of selling the place until yesterday..

- "owner" mentioned to old "tenant" that house was in process of selling, ask to continue staying.

- during that time, tenant asked if they should move out, owner said, if move out MUST give 2 mths notice, IF HE ask us to move out, then he need to give 2 months notice. (now this isn't the case since he gave us less than 2 months.)

- as of yesterday, able to nego to stay on till 26 Feb, which is not even 1 month

- "owner" holding 2.5x deposit, we requested to deduct 1 mth deposit as rental since he was the one asked us to move. He refused and ask us to pay rental for February even tho there's 29 days in that month but we are only allowed to be here until 26th Feb.

- "owner" said he will hold deposit until we move out and after he and the new owner checked the unit for damaged to make sure it's tenant-able. this is basically ridiculous since there's so many tenant come and go over the years. definitely will have normal wear and tear.

- based on the previous "tenant", they are not so fond of the "owner" , very rude and arrogant indian man. every request to fix something that is not working in the house was rejected. even i had to fix my own fuse in order for the existing water heater to work, and mind you... water pipes are stuck... low pressure.. just to fill a jug of water through the filter, you need to wait a few hours.

- with all these... i doubt that the owner will ever refund any part of the deposit.

This post has been edited by melz84: Jan 27 2016, 07:05 PM
SUSsupersound
post Jan 26 2016, 09:03 PM

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Any agreement signed? If yes, can use this to protect your interest.
SUSTheHitman47
post Jan 26 2016, 09:09 PM

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QUOTE(supersound @ Jan 26 2016, 09:03 PM)
Any agreement signed? If yes, can use this to protect your interest.
*
yeah, this is pretty much your only choice ts.
TSmelz84
post Jan 26 2016, 09:11 PM

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QUOTE(supersound @ Jan 26 2016, 09:03 PM)
Any agreement signed? If yes, can use this to protect your interest.
*
probably signed by the previous tenant who used to stay here...
agreement was not renewed..

in this case, can the previous tenant step back in to help?
previous tenant is related to the current house lead
ck_boon
post Jan 26 2016, 09:11 PM

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so kesian, faster find budget hotel, which can rental montly one

SUSsupersound
post Jan 26 2016, 09:59 PM

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QUOTE(melz84 @ Jan 26 2016, 09:11 PM)
probably signed by the previous tenant who used to stay here...
agreement was not renewed..

in this case, can the previous tenant step back in to help?
previous tenant is related to the current house lead
*
If like this then is hard a bit liao sweat.gif
Only if previous tenant willing to help, but unlikely. So prepare for the worst.
shaniandras2787
post Jan 27 2016, 08:34 AM

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QUOTE(melz84 @ Jan 26 2016, 09:02 PM)
Hi guys,

Seriously need advice from those who had similar experience before.
I've just received a notice from my house leader today (26 Jan 2016) that the landlord has sold the house and being unreasonable, requesting us to move before end of this month. Just less than 5 days away.

We have a 2 + 1 deposit with the landlord, which i pretty much doubt that he's gonna return it.
He also threatened to lock up the unit.

What I can do as a tenant? I don't have any tenancy agreement nor any receipt stating any depositĀ  given.

Having less than 5 days to find a new place is a pain in the ass now since I couldn't afford the deposit for new place cos mine is still stuck with landlord.
Can we make a police report or something?
*
QUOTE(melz84 @ Jan 26 2016, 09:11 PM)
probably signed by the previous tenant who used to stay here...
agreement was not renewed..

in this case, can the previous tenant step back in to help?
previous tenant is related to the current house lead
*
According to what you are telling us, it interprets to being "you're screwed".

No tenancy agreement means there is no contract between the landlord and you, heck, if the landlord wants, he could lodge a police report and claimed you weer trespassing without his knowledge.

Generally, it's hard to prove a claim if no documentary evidence to show the transaction BUT it all depends on how did you pay to him. Did you transfer electronically to the landlord or did you pay him cash, straight up? If it's through online banking then drag out your bank statement. It should be sufficient prove to substantiate your claim.

How did you pay your monthly rental? I hope you didn't pay him by cash. If you did an online transfer and you'll have a chance in succeeding in your claim however minimal.

Fat chance in getting the previous tenant to help you out.

This post has been edited by shaniandras2787: Jan 27 2016, 08:34 AM
TSmelz84
post Jan 27 2016, 06:55 PM

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QUOTE(shaniandras2787 @ Jan 27 2016, 08:34 AM)
According to what you are telling us, it interprets to being "you're screwed".

No tenancy agreement means there is no contract between the landlord and you, heck, if the landlord wants, he could lodge a police report and claimed you weer trespassing without his knowledge.

Generally, it's hard to prove a claim if no documentary evidence to show the transaction BUT it all depends on how did you pay to him. Did you transfer electronically to the landlord or did you pay him cash, straight up? If it's through online banking then drag out your bank statement. It should be sufficient prove to substantiate your claim.

How did you pay your monthly rental? I hope you didn't pay him by cash. If you did an online transfer and you'll have a chance in succeeding in your claim however minimal.

Fat chance in getting the previous tenant to help you out.
*
all rental are paid via electronic transfer.. i transfer to house leader then house leader transfer to landlord.

i don't think can get the original tenant to help.. cos it was 6 years ago
shaniandras2787
post Jan 28 2016, 11:37 AM

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QUOTE(melz84 @ Jan 27 2016, 06:55 PM)
all rental are paid via electronic transfer.. i transfer to house leader then house leader transfer to landlord.

i don't think can get the original tenant to help.. cos it was 6 years ago
*
hmm, then it gets slightly complicated here.

is there a contract between the "house leader" and the landlord?

what i fear now is that if indeed there was a contract between the "house leader" and the landlord then there may be a clause preventing the "house leader" to sublet the property to others. In this case, you are the sub-tenant.

with this in mind, even if you could prove that you have in fact paid the "monthly rental" but it wasn't paid to the landlord but to the "house leader" instead. this if at all arguable, only suggests that there is a contract existing between the "house leader" and you and not between the landlord and you. so technically speaking, you occupy the property illegally.

this is an issue regarding privity.

who is this "house leader". someone you know?

yes, there is no way the original tenant will come to assist you.

This post has been edited by shaniandras2787: Jan 28 2016, 11:38 AM
gugukrez
post Jan 28 2016, 11:42 AM

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your in disadvantage.. unless you really want screw them up..

This post has been edited by gugukrez: Jan 28 2016, 11:43 AM
forever1979
post Jan 28 2016, 12:37 PM

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insist not to make any rental already.

just use the deposit to off set the Feb rental.

officially hand over key when owner settle the balance of the deposit and must meet face to face
juicyliana
post Feb 1 2016, 10:58 AM

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QUOTE(melz84 @ Jan 26 2016, 09:02 PM)

- based on the previous "tenant", they are not so fond of the "owner" , very rude and arrogant indian man. every request to fix something that is not working in the house was rejected.  even i had to fix my own fuse in order for the existing water heater to work, and mind you... water pipes are stuck... low pressure..  just to fill a jug of water through the filter, you need to wait  a few hours.

- with all these... i doubt that the owner will ever refund any part of the deposit.
*
I LOL when I read this.... dunno if you are hard luck or it is expected.

aiskrimcup
post Mar 17 2016, 03:29 PM

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so kesian, scary landlord.

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