errr.... i think you better check back what TS wrote. I think TS replied there is a "3 months prior notice" to this effect.

like i said earlier, it's not about landlords being greedy assholes or tenants being sore losers, it's about improper drafted agreements by idiots which resulted in all these unnecessary disputes.

every clause must serve its purpose and not there just because it "has" to be there. people need to see the rationale behind it.

an agreement or contract is a mutual agreement between 2 parties. there is no trite law to say that parties cannot terminate without consequences but it must make sense. of course, TS made a mistake in trusting whoever drafted the agreement and signed the agreement without properly reading it first, that cannot be argued but i am just sadden by the fact that there are too many "pretending lawyers" in the society right now thinking they are qualified.

but of course, the outcome of the example you have cited is ridiculous because the example in itself is ridiculous. do you think a sane person would agree to a 1 month prior notice?

litigation exists because it is always arguable but let me reiterate, i am not here to argue against the landlord or for the tenant but rather on the subject matter which causes all these.

just a reminder to people to don't embark on drafting legal documents if the knowledge is sub-par.

if you are going to run a business, and cannot comprehend the importance of a legal document as an agreement, then you either not do it or get
a lawyer to explain to you.. TS seems to comprehend the English language quite well so ...

TS is better off going back to the landlord to try to renegotiate otherwise if the landlord decides to litigate , its going to be messy.

But to try to blame the agent or the landlord for drafting such a TA is ridiculous ..

Agreement - There is Offer and Acceptance...so totally legal.

FYI, residential TAs do provide for one month notice period so don't be silly ..am referring to TAs in general

its up to the signing parties to know what they are signing - how sure are you that it wasn't the landlord who drafted the agreement in the first place..

I guess there is no way in putting sense into you because truly, it can be deciphered that you have taken the position of the landlord rather than taking this entire matter objectively as a third person.

but let me just at least make my last attempt:-
1) signed documents are lazy people's argument into enforcing one's rights because clearly there is an assumption of law for that so yes, this is to the landlord;

2) one must not discount the fact that the tenant signed the document without reading but of course, taking into account item no. 1, the tenant cannot deny "not understanding the nature of its contents";

3) as you have already mentioned and I have also already mentioned, there are not 2 separate distinct matter but 2 separate matter to be read as a whole;

4) what is the rationale of serving notice when either way, the tenant will be penalized? let me give you an example so that you could better understand this - if you are served a summon for running the traffic light and in the summon, it says pays RM50 if settle within 7 days and pays RM100 if settle after 7 days, it gives you an incentive to settle within the first period BUT what if there is no difference in payment whether you settle within the first or second period? of course, you must take out that inner self good law abiding citizen character that you have in you;

5) the term "unscrupulous" can be defined and interpreted in many ways, for instance, deliberately taking advantage of someone else weakness? fraudsters always take advantage of their victims weak point. if you are dirt poor and people comes and convincingly offer you money, you will surely bite the bait despite needing to sacrificing something in advance. it's desperation that calls.

Yet again, (i do not know how many times I must repeat this), I am not challenging the validity of the agreement nor is picking sides, I'm picking on the fact that it is a badly drafted agreement. that's all hence i have no idea why there are white knights out to defend this "landlord" as we speak.

Has our society dipped to such a state where people is unable to not pick sides on a discussion?

It is almost sad to note.

why are you referring to general tenancy agreement when we are discussing this very specific tenancy agreement that TS has signed. at the very least, let's try to not derail this thread :haha:

my contention is this, if it is the landlord who drafted the agreement then more the reason to believed that the landlord wanted to take advantage of the tenant?

either way, there is no end to this because you have pick sides so no matter what is being thrown here into discussion, you will at attempt to rebut me.

point to note, this is not about you or me but TS and the agreement and since our "discussion" which you have derailed serves no purpose to TS or the issues that TS is facing, i guess i'll stop wasting time trying to make sense and focus on something more substantial.

cheers~

Does our society need to resort to arguing his way out against what he signed in black and white earlier with your own legal logic?

this is laughable...you are assuming that the tenant did not read the agreement just because he said so , and that is now a "fact"?

Don't forget we are only hearing from one side of the story..

Its just a discussion, so relax ..omg..

anyway, since you say its about TS not you or me (OMG really?lol ) was wondering, did you give any advice as to what TS should do now? Or you were too busy ranting away that you forgot?

there are no 'general clauses' such as 1 month notice for residential TA.

in fact there are no 'standard TA' terms and conditions. its up to both landlord n tenant to decide before signing.

those who will usually get caught is either one or both parties 'think' that everything is standard in TA and proceed to sign without reading, then once issues turn up things will start to get messy.

back to TS issue:-

you need to either

1. nego with landlord for settlement; or
2. find a new tenant to replace; or
3. just pack and leave (and see if landlord want to sue you in court for remaining unexpired term)

i dont see any other way out of it.

Wow didn't realise this topic escalated so quickly. Chill guys. It's my first time renting a commercial unit and I admit doing a few mistakes.
1. The business startup was quite messy as our partnership company was registered after we agreed to rent the shoplot. I agreed to use my name first since there's no company name. If we rented the shop using company name I'll be less worried

2. I didn't read the TA carefully. I went to their office to sign the 20+ page TA. I casually ask what if I want to stop renting before 2 years, and the staff just tell me you'll lose your deposit lo. So I didn't read much and apparently the person that I dealt with didn't read the TA as well.

I'm now trying to appeal to the landlord still hoping for the best. I do agree to most of the points you guys mentioned but let's not get heated la. Malaysia very hot d. Haha