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rental tenant wants to move out after 1 month stay, agreement is 1 year
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TSPugface
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Jul 9 2020, 09:24 AM, updated 6y ago
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» 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 This post has been edited by Pugface: Jul 10 2020, 10:34 AM
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TSPugface
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Jul 9 2020, 09:35 AM
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QUOTE(nebula87 @ Jul 9 2020, 09:32 AM) 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.. 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. not sure what to do here. takut he damage my house also.
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TSPugface
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Jul 9 2020, 09:46 AM
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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. As yours is stamp. Anything want breach follow ur contract to protect u bro 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
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TSPugface
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Jul 9 2020, 09:48 AM
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QUOTE(kochin @ Jul 9 2020, 09:46 AM) normally this term is more applicable for commercial than residential. 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 i see. i only read what was stipulated in my copy of tenant agreement. so one of the way is to forfeit deposit and ask agent cari me new tenant.
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TSPugface
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Jul 9 2020, 09:51 AM
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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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TSPugface
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Jul 9 2020, 10:22 AM
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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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TSPugface
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Jul 9 2020, 10:30 AM
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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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TSPugface
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Jul 9 2020, 10:33 AM
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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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TSPugface
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Jul 10 2020, 10:37 AM
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updated
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