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 No notice after tenancy contract end

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mini orchard
post Aug 2 2020, 06:47 AM

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QUOTE(JusticeF @ Aug 2 2020, 12:28 AM)
Hi all, my tenancy agreement contract expired this end of month, and I had just inform my owner and he seems not happy about it and he said that he will forfeit 1 month of my deposit. The problem is he didn't personal check with me last month whether I want to renew the contract or not, which is continue as tenant. Also the contract didn't mention that tenant need to inform the owner 2 months earlier before end of the contract EXCEPT if termination of tenancy during the renting period. Therefore as a tenant I decide just leave the unit after the rent period. Can I know does this owner have the right to forfeit my 1 month deposit??
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In a TA, there is a clause which state that the tenant is given the option to renew the tenancy and any such notice should be notified to the landlord 2 months prior to the expiry.

If there is no notice, is deemed that the tenant will move out after the tenancy period and all deposits returned minus any damages to the property and outstanding utilities payment.

In most practices, either party will be informed as this gives the party the time to look for alternatives....the tenant sufficient time to accept or not to renew the tenancy and tenant to find new, ...the landlord preparation to look for a replacement tenant as any void period is a loss of income.

Having said the above, the landlord cannot forfeit the deposit.
mini orchard
post Aug 2 2020, 06:07 PM

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QUOTE(JusticeF @ Aug 2 2020, 11:07 AM)
Yes, im not asking for renew the contract, but he simply just find excuse to prevent return the deposit.
However I foreseen that he doesn't come and check the unit when the final week of the month and consider force me to stay another month. Is there any solution for this problem??
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If your landlord wants to play tough, you can also do it provided you are not in a hurry to move any you find claiming back is a hassle with his attitude.

Continue staying without paying for next 2 to 3 months and he will come begging you. If you are satisfied, then only move out.

Or

You tell him you are going to sublet even though the TA term dont allowed. Tell him to eat TA since he dont want to follow....this approach should work.

This post has been edited by mini orchard: Aug 2 2020, 06:08 PM
mini orchard
post Aug 2 2020, 08:49 PM

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QUOTE(JusticeF @ Aug 2 2020, 08:16 PM)
I don't think not paying 2 or 3 months will works but end up he has the reason not to pay back all the secure deposit thus he can kick me out immediately for the month if refuse to pay...

And sublet will give him advantages, I don't want to help him to find another victim, I pretty sure no much people will want to rent his unit with this condition.
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You dont pay 2 to 3 months oredi offset your deposit....so you lose nothing or minimal.

Sublet is just a 'threat' and normally landlord wont agreed.
mini orchard
post Aug 14 2020, 09:35 PM

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QUOTE(Find The Way @ Aug 14 2020, 06:38 PM)
Any idea whether small claim court works for tenancy agreement that is not duty stamped?
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Tenancy agreement can be stamped anytime. If is after 30 days from date of TA, a fine will be imposed...depending on how long the delay.

 

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