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 Problem with a rented unit, 2 tenants ran away

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TShamswat
post Sep 26 2019, 07:37 PM, updated 3y ago

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CLOSED

This post has been edited by hamswat: May 9 2023, 09:00 PM
blableu
post Sep 26 2019, 07:40 PM

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wishing u best of luck ts .
jetwash
post Sep 26 2019, 07:41 PM

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Come on, you have the right to terminate the tenancy too by giving sufficient notice. Just forfeit the one month deposit and move on. Nothing much your landlord can do anyway.

This post has been edited by jetwash: Sep 26 2019, 07:42 PM
acbc
post Sep 26 2019, 07:42 PM

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Talk to the landlord properly first. Tell her your problem. U can burn the deposit as long u clean up before moving out.
TShamswat
post Sep 26 2019, 07:43 PM

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QUOTE(blableu @ Sep 26 2019, 07:40 PM)
wishing u best of luck ts .
*
Thanks man, really need to find a solution for this. It's a huge headache and I personally couldn't even handle the stress due to this and juggling work at the same time. I wish it all ends soon, in a good way. icon_question.gif
TShamswat
post Sep 26 2019, 07:44 PM

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QUOTE(jetwash @ Sep 26 2019, 07:41 PM)
Come on, you have the right to terminate the tenancy too by giving sufficient notice. Just forfeit the one month deposit and move on. Nothing much your landlord can do anyway.
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She refuses because we did provide her with a notice 2 months ago.
acbc
post Sep 26 2019, 07:52 PM

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QUOTE(hamswat @ Sep 26 2019, 07:44 PM)
She refuses because we did provide her with a notice 2 months ago.
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Check your rental contract.

If not mistaken, both sides need to give 1-month notice to terminate the contract. But check first.
TShamswat
post Sep 26 2019, 07:53 PM

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QUOTE(acbc @ Sep 26 2019, 07:52 PM)
Check your rental contract.

If not mistaken, both sides need to give 1-month notice to terminate the contract. But check first.
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Ok sure, will check the rental contract. Thanks man
jetwash
post Sep 27 2019, 09:29 PM

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Have you moved out already ts? Crazy la this kind of owner. But you as a tenant also must stop paying lah.
TShamswat
post Sep 28 2019, 01:28 AM

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QUOTE(jetwash @ Sep 27 2019, 09:29 PM)
Have you moved out already ts? Crazy la this kind of owner. But you as a tenant also must stop paying lah.
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Nope, not yet. Currently, after discussing with the other tenant who's still living here with me, we've decided to rent out the 3rd empty room out since the owner is refusing to cooperate with us. At least, we wouldn't have to pay 1k each every month.

With the 3rd person in, we'll be paying rm550 each which is alright. It's reasonable enough for me.
sicklad77
post Sep 29 2019, 11:48 AM

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Bos ts, just give tenant notice 1 month then moved out. Your not obligated to find another tenant for her. Jangan takut.

Unless in the contract states I gotta pay her the rest of the remaining months. Then that’s a different story.

Notice one month then moved out. closed this chapter la bos. Kawan tak kawan. U both shouldn’t be paying the downfall of another. Itu bukan kawan if they are kinda abusing you guys punya kind heart
cherroy
post Sep 29 2019, 01:01 PM

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First of all, check the tenancy agreement is signed between landlord with whom.

If it is with A, then landlord only deal with A.

If A has moved out, and defaulting the agreement. It has nothing to do with B,C,D

IF B,C,D want to stay on, after A left and defaulted the agreement, then B,C or D, needs to engage a new tenancy agreement.

Unless the origin agreement is landlord vs A,B,C and D, then it is another matter.

Submitted the tax form or not is unrelated.
Landlord still paying taxes based on the real or actual rent collected.
Those CP500 (installment for next year tax), is just estimation. If the actual rent (after full year ended) collected is less than the estimation, there will be tax refund (from the CP500) for the landlord.

garf
post Oct 1 2019, 10:29 AM

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Is the person who signed the tenancy agreement still living in the house?

is the tenancy agreement stamp duty for execution?


TShamswat
post Oct 3 2019, 10:06 AM

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Guys, I have a question. This problem is still going on, the contract states that if we move out early, we have to pay the remaining rent until April 2020. (We can't do that of course)

We're paying 1k each every month now but we're not sure how long this is going to be and sometimes, we're late on payments too because we have to work extra hours to come up for the extra rent.

Can I make a police report in case the landlord decided to make a legal case out of it? I'll make a police report against Person A & B just in case so me and Person D don't get in trouble later on IF any legal case were to arise.

Not sure if it's even possible to do that just to protect myself. Any advice guys?
TShamswat
post Oct 3 2019, 10:07 AM

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QUOTE(garf @ Oct 1 2019, 10:29 AM)
Is the person who signed the tenancy agreement still living in the house?

is the tenancy agreement stamp duty for execution?
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2 of us still are. 4 of us signed the tenancy agreement initially.

Yes,
chamelion
post Oct 14 2019, 08:00 AM

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QUOTE(hamswat @ Sep 26 2019, 07:37 PM)
Hi everyone, I'm not sure if this is the correct sub-forum to post in, apologies if it is. I'm facing a problem and I was hoping someone who's an expert in this matter could provide some help.
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A year and a half ago, 4 of my friends, including me rented a unit together in Damansara, the rent was RM2200 meaning each of us has to pay RM550 each. One person handles the rent while the others bank in our share of rent to this 1 person, let's call him Person A.

About 5 months in, Person A left back to go to his hometown and didn't come back home. 3 months later (8 months after renting), we found out that Person A has stole our rent money and didn't pay the landlord at all. This sum was around RM8,000+. We only got to know about this matter AFTER the landlord suddenly showed up asking us to evict the apartment. The landlord said that she tried calling Person A many times but he just wouldn't answer phone calls and she couldn't reach us since she only has Person A's phone number. She also didn't come down to the apartment herself to notify this to us. (she's not at fault in this matter btw)

We managed to calm her down, spoke to her and also Person A and eventually, the RM8,000+ was settled. The landlord also reduced the rent to RM2000. This year (about 3 months ago), Person A's brother, let's call him Person B told us that he's continuing his studies and would rather stay in university accommodation since he too, can't afford the rent. (At this point, we were paying RM670 each for rent)

So right now, Person C (me) and Person D have no other option but to fork out RM1,000 each to cover for the rent. We're basically forking out RM1200 each since there's utilities to be paid etc. Our rental contract expires in May 2020.

Since both Person C (me) and Person D just started our own companies, cashflow isn't very good and it's really heavy on our finance to fork out RM1,000 each just for rental. We have student loans to be paid off and it's eating up our savings very quickly.

The landlord doesn't want us to move out because according to her, she has submitted her tax forms and it would cost her money if we moved out earlier. And she has stated that even if we found a rental replacement, the rent should be at RM2,400 otherwise we can't move out. We've posted on various websites trying to get a replacement but nobody came forward to rent this place because RM2400 is actually a bit on the expensive side to rent at this particular apartment that we live in.

As of now, we have decided to forfeit whatever balance deposit we have (please note that we only have 1 month rental deposit since the landlord initially took away 2 months worth deposit in order to cover for the RM8,000+ owed earlier), and move out to find a cheaper place to rent. I understand that this is not ethical to do but we have no other choice because if we continue staying here, it would land us in deep financial trouble.

So, what are our options? If we do move out without telling the landlord, I'm afraid it would land us in legal trouble and we do not want that. Person A and B seems to not care about this at all even though their names are also in the contract.

Any advice on this please? Thank you in advance.
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Tax is base on history, not future.

The landlord os lying to you on submitted stuff.

You just need to look into the leasing/rental agreement. As long you fulfil the rental agreement (eg rent until end of agreed dare), you have the right to request the return of the deposit.

Edit: since it ends by apr with a 1-month deposit, you can move out but forfeit the deposit. Earlier you move out, less lost you made.

This post has been edited by chamelion: Oct 14 2019, 08:04 AM
TShamswat
post Oct 20 2019, 01:59 PM

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Update guys, according to the tenancy agrement, this is what is stated for 'early termination'

In the event of the tenant / landlord terminate the tenancy, the defaulting party shall be liable to pay the liquidated damages / compensation which is equivalent to the amount of Rental payable for the remainder of the term and shall on demand be payable forthwith to the non-defaulting party and recoverable as a debt due to the non-defaulting party accordingly.
infiniti123
post Oct 21 2019, 12:16 PM

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QUOTE(hamswat @ Oct 20 2019, 01:59 PM)
Update guys, according to the tenancy agrement, this is what is stated for 'early termination'

In the event of the tenant / landlord terminate the tenancy, the defaulting party shall be liable to pay the liquidated damages / compensation which is equivalent to the amount of Rental payable for the remainder of the term and shall on demand be payable forthwith to the non-defaulting party and recoverable as a debt due to the non-defaulting party accordingly.
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Yes there is usually 2 types of early termination clause: 1st is basicially forfeit deposit, 30days notice, and okay settle. Another is basically you have to pay the remainder of the term or pay until the landlord is able to find a new tenant. unfortunately yours is the latter. in this case you're contractually obligated to stay until end of tenure.
verdangilte
post Oct 22 2019, 05:51 PM

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QUOTE(hamswat @ Oct 3 2019, 10:06 AM)
Guys, I have a question. This problem is still going on, the contract states that if we move out early, we have to pay the remaining rent until April 2020. (We can't do that of course)

We're paying 1k each every month now but we're not sure how long this is going to be and sometimes, we're late on payments too because we have to work extra hours to come up for the extra rent.

Can I make a police report in case the landlord decided to make a legal case out of it? I'll make a police report against Person A & B just in case so me and Person D don't get in trouble later on IF any legal case were to arise.

Not sure if it's even possible to do that just to protect myself. Any advice guys?
*
if that is the case, u got no choice but have to paid until april 2020

nothing much or i can say is nothing to do for police as ur guys sign the agreement willingly\

i had experience during university time, but we do help him to looking for new tenant which is our junior and we request landlord to lower price. At last , landlord treat us steamboat before all of us left the house and back to hometown

 

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