rental tenant wants to move out after 1 month stay, agreement is 1 year
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 Jul 9 2020, 09:24 AM, updated 6y ago
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#1
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Junior Member
522 posts Joined: Apr 2014 
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» Click to show Spoiler - click again to hide... « UPDATE : informed tenant forfeit 2 months. if my house is fine, i will pay off bills, provide receipts and return the balance of half month utility. this sunday move out. will meet tenant then. tq all. hope my house not set with bomb or has been bombed This post has been edited by Pugface: Jul 10 2020, 10:34 AM |
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Jul 9 2020, 09:32 AM
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#2
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Senior Member
1,420 posts Joined: Nov 2013 
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Both signed contract right?
Highlight to him the TnC when want to move out, if move out without 2 months notice, you will hold their deposit or something. Meet your tenant there with your agent. talk face to face with them.. |
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Jul 9 2020, 09:34 AM
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#3
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1,006 posts Joined: Sep 2014
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QUOTE(Pugface @ Jul 9 2020, 09:24 AM) I know by law, i no need return him deposits until he compensate me all the uncompleted months he broke agreement. Which means now if he exits agreement, he needs to compensate me 11 months only i bayar him back his deposits. agreement also say need 2 months prior notice which i know i am not getting. Which part of the contract states the 11 months compensation upon breach of contract? |
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Jul 9 2020, 09:35 AM
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#4
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522 posts Joined: Apr 2014
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QUOTE(nebula87 @ Jul 9 2020, 09:32 AM) Both signed contract right? Agreement is if he exits agreement early, needs provide 2 months prior notice and needs to addition compensate rental for uncompleted months. then only i can refund him his deposit. that is the harshest way to deal with this now if i am not mistaken.Highlight to him the TnC when want to move out, if move out without 2 months notice, you will hold their deposit or something. Meet your tenant there with your agent. talk face to face with them..  not sure what to do here. takut he damage my house also. |
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Jul 9 2020, 09:38 AM
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#5
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282 posts Joined: Dec 2009
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No need talk. Follow TNC in your contract. And if you find agent. normally they got gurantee u also. Please ask them follow up or dont pay agent. Nowdays alot of ffk renter... been there seen it too many times. End up house owner need suffer loss.
As yours is stamp. Anything want breach follow ur contract to protect u bro |
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Jul 9 2020, 09:46 AM
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#6
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia
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QUOTE(Pugface @ Jul 9 2020, 09:35 AM) Agreement is if he exits agreement early, needs provide 2 months prior notice and needs to addition compensate rental for uncompleted months. then only i can refund him his deposit. that is the harshest way to deal with this now if i am not mistaken. normally this term is more applicable for commercial than residential.not sure what to do here. takut he damage my house also. and besides, enforcing this will be quite impossible for residential. you can: 1. accept the change of tenancy and pray that everything is okay 2. forfeit the tenant's deposit and ask him move out specific date AND request for prorated refund from agent OR new tenant with no commission |
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Jul 9 2020, 09:46 AM
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#7
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522 posts Joined: Apr 2014
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QUOTE(timeonce @ Jul 9 2020, 09:38 AM) No need talk. Follow TNC in your contract. And if you find agent. normally they got gurantee u also. Please ask them follow up or dont pay agent. Nowdays alot of ffk renter... been there seen it too many times. End up house owner need suffer loss. honestly i wanna go hard. but i dont have an experience agent to help me and honestly damn worry tenant bamboo my house and furnituresAs yours is stamp. Anything want breach follow ur contract to protect u bro |
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Jul 9 2020, 09:48 AM
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#8
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All Stars
10,314 posts Joined: Dec 2009 From: Malaysia
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QUOTE(Pugface @ Jul 9 2020, 09:46 AM) honestly i wanna go hard. but i dont have an experience agent to help me and honestly damn worry tenant bamboo my house and furnitures spot check where he work. tell him if kacau your place, you kacau his rice bowl. |
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Jul 9 2020, 09:48 AM
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#9
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522 posts Joined: Apr 2014
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QUOTE(kochin @ Jul 9 2020, 09:46 AM) normally this term is more applicable for commercial than residential. i see. i only read what was stipulated in my copy of tenant agreement.and besides, enforcing this will be quite impossible for residential. you can: 1. accept the change of tenancy and pray that everything is okay 2. forfeit the tenant's deposit and ask him move out specific date AND request for prorated refund from agent OR new tenant with no commission so one of the way is to forfeit deposit and ask agent cari me new tenant. |
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Jul 9 2020, 09:51 AM
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522 posts Joined: Apr 2014
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QUOTE(kochin @ Jul 9 2020, 09:48 AM) spot check where he work. tell him if kacau your place, you kacau his rice bowl. he did declared he is perodua car salesman but he can change work i cannot change house. i think i will have more to lose compare to him. |
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Jul 9 2020, 09:52 AM
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1,307 posts Joined: Feb 2008
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how bout refund him just 1 month then?
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Jul 9 2020, 10:01 AM
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3,577 posts Joined: Apr 2006
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If you want to minimize the risk, you can try to nego directly with the tenant to prorate, and get his friend to sign a new tenancy (without the agent's involvement). As for your agent, he should be the one to explain all these to the tenant and bear some responsibility such as to get a new tenant for you without charging you extra. If I meet these kind of agents I'd sure sound him kaw kaw and threaten to report his agency.
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Jul 9 2020, 10:22 AM
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Junior Member
522 posts Joined: Apr 2014
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QUOTE(danieln @ Jul 9 2020, 09:52 AM) how bout refund him just 1 month then? i am considering but this tenant has been troublesome from day 1. request additional home appliances and furniture then declare move out just like that. thinking to forfeit him 2 months straight but takut risk also. 1 month also not necessary zero risk because tenant appear to be super entitled and oblivious to these things.QUOTE(yeeck @ Jul 9 2020, 10:01 AM) If you want to minimize the risk, you can try to nego directly with the tenant to prorate, and get his friend to sign a new tenancy (without the agent's involvement). As for your agent, he should be the one to explain all these to the tenant and bear some responsibility such as to get a new tenant for you without charging you extra. If I meet these kind of agents I'd sure sound him kaw kaw and threaten to report his agency. i definitely would not want his friend.my agent keep ask me what to do. i have to sendiri check agreement. cant advice me. haih |
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Jul 9 2020, 10:29 AM
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161 posts Joined: Dec 2016
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tenant must give 1 month notice, or less all deposit burn
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Jul 9 2020, 10:30 AM
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Junior Member
522 posts Joined: Apr 2014
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QUOTE(hummels @ Jul 9 2020, 10:29 AM) tenant must give 1 month notice, or less all deposit burn my agreement says 2 and must compensate me for uncompleted months  |
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Jul 9 2020, 10:33 AM
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522 posts Joined: Apr 2014
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QUOTE(Satori 14118a @ Jul 9 2020, 09:34 AM) Which part of the contract states the 11 months compensation upon breach of contract? The tenant shall not terminate agreement at any time before expiry of this tenancy period from date hereof. in the event the tenant terminating this agreement at any time before the expiry of this tenancy period from the date hereof, he shall give the landlord 2 months prior notice of premature termination and in addition, pay compensation of rental for each uncompleted month to the landlord whereupon the security deposit and the utility deposit shall be refunded to the tenant after satisfying on the condition of the premises and all outstanding bills are paid if any |
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Jul 9 2020, 10:36 AM
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78 posts Joined: Oct 2013
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Of course, if you follow everything on paper, you have the legal authority, but enforcement is going to be an issue, it will take months + blood sweat tears to go to court.
It is always advisable to settle it out of court and the most important thing is to protect the condition of the property which is worth more than the measly rental. Usually on cases like this, with entitled tenants, what i can suggest is, to rope the agent to be responsible as well. You refund 1.5 month deposit, agent refund the balance 1 month deposit ( which is his commision ) If you were to refund full 2.5 months deposit, essentially, the tenant will be staying for 1 month for FOC, as that advance rental is given to the agent as professional fee. Chances are, it will be hard for you to collect any form of payment from him after this. Faster halau him out, den find for a new tenant using a new agent. This post has been edited by Harvey Specter: Jul 9 2020, 10:37 AM |
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Jul 9 2020, 10:42 AM
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#18
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129 posts Joined: Jun 2020
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QUOTE(Harvey Specter @ Jul 9 2020, 10:36 AM) Of course, if you follow everything on paper, you have the legal authority, but enforcement is going to be an issue, it will take months + blood sweat tears to go to court. The infamous Harvey SpecterIt is always advisable to settle it out of court and the most important thing is to protect the condition of the property which is worth more than the measly rental. Usually on cases like this, with entitled tenants, what i can suggest is, to rope the agent to be responsible as well. You refund 1.5 month deposit, agent refund the balance 1 month deposit ( which is his commision ) If you were to refund full 2.5 months deposit, essentially, the tenant will be staying for 1 month for FOC, as that advance rental is given to the agent as professional fee. Chances are, it will be hard for you to collect any form of payment from him after this. Faster halau him out, den find for a new tenant using a new agent. |
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Jul 9 2020, 11:01 AM
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Junior Member
708 posts Joined: Apr 2008
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both parties want is to maximise the profit and minimize the loses....cant a little bit tolerance will be better rather all follow paper?
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Jul 9 2020, 11:09 AM
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Senior Member
1,269 posts Joined: Dec 2019
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QUOTE(Pugface @ Jul 9 2020, 09:24 AM) first time home owner. stayed for 2 years then moved out and decide to rent my unit. Why don't you consider the new tenant?An agent helped me sourced for a tenant for my unit. This tenant is a guy who works as car salesman. Last month rented my apartment out with 2 months deposit + 1/2 month utility deposit Moved request at last minute, i try make time tolong also. Tenant requested for additional home appliances after moved in physically. I good will, kasi beli as investment. Agreement to stay 1 year done and stamped. Payment made. One month later, tenant contacted my agent and requested good will to nego with me. Wants to move out. wants back all his deposit. he has friend can help him carry on tenancy. his reason is "suddenly my own house is ready so i wanna move to own house" Agent noob hai dont know what to do. ask me mau nego or not. I know by law, i no need return him deposits until he compensate me all the uncompleted months he broke agreement. Which means now if he exits agreement, he needs to compensate me 11 months only i bayar him back his deposits. agreement also say need 2 months prior notice which i know i am not getting. my decision is not accepting his "friend" to take over the tenancy. if i do so, it renders my agreement invalid. my agent wont be responsible for this "friend" as new tenant because not source by him. plus how tf can i trust a "friend" of such quality tenant. so he needs to exit and my agent needs to replace me with a new tenant after taking my 1 month rent as commission. Below are my concerns 1. tenant compensates, destroy my unit, disappear. 2. tenant dont compensate, destroy my unit, disappear. 3. tenant continue to stay but curi2 sublet out. Wish to tap on experiences of house owners here what would be the best course of action. icon_question.gif rclxub.gif Don't shut the door to the possibility, review the new tenant's background first including a CTOS check. If not desirable first decline. |
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