Outline ·
[ Standard ] ·
Linear+
rental tenant wants to move out after 1 month stay, agreement is 1 year
|
Harvey Specter
|
Jul 9 2020, 01:38 PM
|
Getting Started

|
QUOTE(Zwean @ Jul 9 2020, 11:09 AM) Why don't you consider the new tenant? Don't shut the door to the possibility, review the new tenant's background first including a CTOS check. If not desirable first decline. Chances are that the apple doesn't fall far from the tree
|
|
|
|
|
|
mini orchard
|
Jul 9 2020, 02:58 PM
|
|
in a contract, not even a lawyer can stop a breach by either party. To link a lawyer to the breach is like asking for life guarantee that the contract cannot failed.
All remedies are provided in the contract for any breach and the plaintiff can act on the clause if negotiation fails.
Coming back to the agent ..
The contract between the landlord and agent is to secure a tenant. Once the landlord accepts the tenant's offer to rent and the tenancy signed, the agent contractual duty is over and the landlord is deemed to have taken over the risk.
The agent, like a lawyer, cannot guaranteed that landlord or tenant complied with the terms of the TA but they can help to negotiate for an agreeable settlement. Is up to both party to accept or otherwise.
If the tenant eventually moved out, is up to the agent whether he wants to find a replacement tenant for the landlord out of goodwill but one cannot ask a lawyer for foc service to sue. You must pay more fees for further legal actions !
Alternatively, the landlord can accept the replacement tenant suggested by the defaulting tenant and sign a new tenancy agreement. In doing so, deposits have to be refunded after deducting any damages to the property, outstanding utilities and rental for void period.
A landlord cannot stop a tenant from damaging his property and that is the risk for letting others to live in the property.
This post has been edited by mini orchard: Jul 10 2020, 01:21 PM
|
|
|
|
|
|
yeeck
|
Jul 9 2020, 03:03 PM
|
|
QUOTE(hummels @ Jul 9 2020, 10:29 AM) tenant must give 1 month notice, or less all deposit burn 1 or 2 months notice near the completion of the 1st year tenancy usually or after the 1st year tenancy ends, not within the 1st year period itself!
|
|
|
|
|
|
yeeck
|
Jul 9 2020, 03:05 PM
|
|
QUOTE(Pugface @ Jul 9 2020, 10:22 AM) 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. 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 Wow your agent just born yesterday....all the best to you!
|
|
|
|
|
|
chamelion
|
Jul 9 2020, 03:23 PM
|
|
Nothing really got to do with the agent, contact the tenant yourself. Talk to the tenant nicely. At the moment the situation is not favourable to you as your property is on the table. This is very common for a house owner.
In reality, it is impossible to get more $$ or compensation from tenant regardless of your contract.
Just refund 0.5 months and tell him you will refund rest (1.5 months + 0.5 utility) upon next tenant come in and upon minus the usage. The start of the timeline will depend on the time he moves out and surrenders the key. As long he stays in the unit, the rent will be count. Ask him to move out asap so that you can return him more.
The earlier the unit can get tenant, more you will refund concept but these need to be at yours discrete.
Next, my advice to you is to keep 1.5+0.5.
This will be the best resolution for you where you maximise the protection of your property with 2 month profit.
Don't take his new tenant suggestion. If his friend wants to rent, ask him to get his friend to contact you. For the refund etc, they need to settle among themself upon his exit and his friend engage contract with you instead proxy through you.
This post has been edited by chamelion: Jul 9 2020, 03:27 PM
|
|
|
|
|
|
peter6567 P
|
Jul 9 2020, 03:38 PM
|
New Member
|
also sounds fishy, even suddenly new house can take key also need need spend 3 months above for defect rectification and Reno guaaaa...
|
|
|
|
|
|
timeonce
|
Jul 9 2020, 09:23 PM
|
Getting Started

|
Can try speed home. They got sell u alliance insurance which I take incase no rental on time and etc. 2 months pay but better than zero. Some more fast rent out.
Good luck ya ts
|
|
|
|
|
|
TSPugface
|
Jul 10 2020, 10:37 AM
|
|
updated
|
|
|
|
|
|
Zwean
|
Jul 10 2020, 05:53 PM
|
|
QUOTE(Pugface @ Jul 9 2020, 09:24 AM) » Click to show Spoiler - click again to hide... « first time home owner. stayed for 2 years then moved out and decide to rent my unit.
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 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 Refund only they vacate the property.
|
|
|
|
|