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Troublesome lodger, No contract
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TScannotsleep P
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 May 23 2020, 01:50 AM, updated 6y ago
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New Member
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Hello guys,
I'm seeking advice from sifus here regarding how to handle lodger that I don't want to stay with anymore.
I have a lodger that I accommodated in the house I rented since March before the MCO starts and he had negotiated 1 and 1/2 months deposit with me.
Due to the MCO he says he's facing financial woes and not be able to cough up the full deposit and will pay men gradually and I agreed.
We also agreed verbally all rent shall be paid at the first week and utilities shall be cleared when it was posted, usually second week after electricity bills come in.
During the months of March and April he has been giving me small sums of cash that does not fully cover the rent and deposits but its during MCO and I give leeway on it.
During the months he kept promising me he will settle all the rents after every two weeks with the epf withdrawal but only give me small amount of cash.
At the start of May I felt he will never settle his debt because he cracks open a couple cans of beer a day from day to night and is a serial smoker that willfully ignores our agreement on no smoking in house. With that money he spent on beer he would have settles the rent long ago and I hate smokes.
So I confronted him with my friend about the situation, just to ask him to sit down with us and let's clarify what's paid and what's not, I foolishly didn't record down the transaction whenever he pays me small cash and he pounce on it, which should be easily settled anyway in communications but he is hyper aggressive and not willing to list the details with me, I insisted him to list down and he made up a number that in the heat of the argument, I had agreed to it even though it is not accurate. (I'm scared)
Then this morning after he paid me another sum of cash, learning from my mistakes, noted it down. Then in the evening after I figured everything should be ok and decided to have a talk with him to figure out the remaining number he is getting overly aggressive again and yelled at me (as in loud voices, paper crumbling, finger pointing) for harassing him. I had insisted to have a talk with him so no more confusions but he insist on the old number discussed (which doesn't include April utilities). Again I was scared and conceded.
I'm just thinking to list down the numbers with him together which will eventually comes down to the actual amount but his hyper aggression makes me uncomfortable.
I'm thinking to end his lease but I have no idea how to do it. I'm also staying in the house and the guy seems like some kind of gangsters (tattoos, odd jobs, insist of being extra nice compared when he's outside when discussing with me) so I would like him to move with minimum notice, how many days should it be?
How to prevent retaliation?
Please advice sifu sifu sekalian
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rotloi
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May 23 2020, 01:55 AM
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Give a letter of eviction
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chilskater
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May 23 2020, 02:12 AM
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All people with tattoo gangster ah? Pukul ramai2 then dump outside..
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TScannotsleep P
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May 23 2020, 02:34 AM
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New Member
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QUOTE(chilskater @ May 23 2020, 02:12 AM) All people with tattoo gangster ah? Pukul ramai2 then dump outside.. I would not come to this impression until he flew into an outrage whenever I want to discuss with him about the rent. His attitude on how "calm he is when discussing with me" makes me think if he's not directly involved, is associated with them one way or other. |
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mini orchard
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May 23 2020, 06:45 AM
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QUOTE(cannotsleep @ May 23 2020, 02:34 AM) I would not come to this impression until he flew into an outrage whenever I want to discuss with him about the rent. His attitude on how "calm he is when discussing with me" makes me think if he's not directly involved, is associated with them one way or other. Who talks the loudest...... 'win'. Chase him out ... you must .... legal or illegal method. If he cant pay full deposit, can he pay the future rent ? |
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TScannotsleep P
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May 23 2020, 10:20 AM
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New Member
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QUOTE(mini orchard @ May 23 2020, 06:45 AM) Who talks the loudest...... 'win'. Chase him out ... you must .... legal or illegal method. If he cant pay full deposit, can he pay the future rent ? What should I do ? I want to remove him as peaceful as possible and how long should be the notice period for him ? I live in the master room and he’s on the other room. So I don’t want to provoke too much. |
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geekystef
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May 23 2020, 04:14 PM
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Getting Started
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-- Deleted --
This post has been edited by geekystef: Nov 21 2020, 04:19 PM
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TScannotsleep P
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May 23 2020, 05:45 PM
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New Member
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QUOTE(geekystef @ May 23 2020, 04:14 PM) From what you've mentioned in your title, you do not have a contract with this guy. In most situations, only a landlord can end a tenancy if the tenant breaches the agreement. Did you obtain permission from the landlord to sublet this property? If you did, then provided you have an agreement, you may have the right to terminate this sub-tenant's lease. So, unless there is a sub-tenancy agreement that provides you the right to evict the tenant, you do not have the right to kick out any other tenants. But, if this guy threatens you with violence and you feel that your safety is at risk, you can call the police. If you did not have the permission to sublet this property and your tenancy agreement explicitly prohibits this practice, then you are in breach of your own agreement. Your last recourse is to let your landlord know of this situation and let him/her decide what to do next. I’ve contacted my landlord and gave me his support to evict him Now I would want to evict him ASAP because the situation has soured beyond redemption I would like to evict him in 1 weeks time will it be unreasonable? Considering he is still owing me rent is he still “entitled” To 1 month notice ? |
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geekystef
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May 23 2020, 06:17 PM
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Getting Started
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-- Deleted --
This post has been edited by geekystef: Nov 21 2020, 04:19 PM
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TScannotsleep P
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May 23 2020, 07:04 PM
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New Member
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QUOTE(geekystef @ May 23 2020, 06:17 PM) Do you have his personal identification details? This is for your own safety, just in case you need it. Since you do not have a formal tenancy agreement with this guy, this type of tenant is called a tenant-at-will, where a verbal agreement has been made. Normally, this sets up a month-to-month tenancy that can be terminated by either party with a 30-day notice. An exception to this is that you can give a 14-day notice to a tenant-at-will who is not paying the rent as agreed upon. Since you have your landlord's backing to evict him, just give him an eviction notice of 2 weeks and let him know that you would prefer that everything is to be settled amicably. Perhaps, you should consider letting him leave without settling the outstanding rent but he should leave asap. Let him know that you would not hesitate to involve the police if things turn ugly. His presence in the house makes my health deteriorate , I can’t sleep and my heart rates pump up whenever I’m thinking to talk with him. I’m thinking to give him 1 week, is that doable ? |
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geekystef
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May 23 2020, 08:45 PM
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Getting Started
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-- Deleted --
This post has been edited by geekystef: Nov 21 2020, 04:18 PM
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TScannotsleep P
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May 24 2020, 03:17 PM
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New Member
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QUOTE(geekystef @ May 23 2020, 08:45 PM) I think it should be doable -- just let him know that he's free to go without paying anything but he has to leave in a week. Try to get a friend or two to stay over with you during that period. I'm sure their company will help you cope with your elevated state of anxiety. Thank you for your advice , I’ve talk with my brother and he help me talk with him , and we will evict him in 1 month. Thanks for your help and I very much appreciate it ! |
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geekystef
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May 24 2020, 03:51 PM
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Getting Started
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-- Deleted --
This post has been edited by geekystef: Nov 21 2020, 04:18 PM
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