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 Currently tenanted unit.

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SUSStarJump
post Sep 14 2008, 10:10 PM, updated 18y ago

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If I buy a house with a tenant inside, am I fully responsible to find a way to remove the tenant? Suppose the tenant broke the agreement with the previous house owner and I take over the unit, am I fully responsible to remove them?

I heard the asking tenant to move out is a painful chore. Many laws are with the tenant. We cannot cut the electricity or water to that place neither will the police help us. Maybe I am 'mentah' in this area, would be grateful for any feedback.
a6meister
post Sep 14 2008, 10:33 PM

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QUOTE(StarJump @ Sep 14 2008, 10:10 PM)
If I buy a house with a tenant inside, am I fully responsible to find a way to remove the tenant? Suppose the tenant broke the agreement with the previous house owner and I take over the unit, am I fully responsible to remove them?

I heard the asking tenant to move out is a painful chore. Many laws are with the tenant. We cannot cut the electricity or water to that place neither will the police help us. Maybe I am 'mentah' in this area, would be grateful for any feedback.
*
nope, it is the previous owner responsibility. there is no such thing that a tenancy agreement is on tenant side. every tenancy agreement are bound to be neutral, which is considered fair between both party.

if thee previous agreement had a clause that entiher party can terminate the agreement with a stipulated given time frame, such as 2 months, thus the previous owner deserve the right to terminate the agreement before proceed with all the s&p with you.

thanks
b00n
post Sep 14 2008, 10:39 PM

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like what was mentioned by a6meister, it's the responsibility of the seller.
Unless you are personally ok with the rental conditions as some investors do buy properties which is rented out and continue renting it out to the same tenant.
However, they would either do up another tenancy agreement or riding on the previous tenancy agreement (there's a term for this which I can't recall).
But it's the responsibility of the previous owner/the seller to inform his/her tenant.
johnsonm
post Sep 15 2008, 09:27 AM

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in most s&ps, the tenancy agreement will be assigned to the new purchaser. therefore, if the tenant has committed a breach of the agreement, you may remove him. however, practically, this may not be as simple as it sounds as you are right, some tenants refuse to budge.

maybe you could 1st send a notice of your intentions to terminate the agreement, and give the tenant a reasonable time to move out, failing which you may have no choice but to see a lawyer to get a court order to remove the tenant.
n73me
post Sep 15 2008, 09:58 AM

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TS, have you bought that particular property ? if not, i think quite simple, ask your lawyer to put in the clause in the snp to make sure that the house must be vacant before the the money is released to the vendor. this way, if the house not vacant, they wont get the balance 90% of the payment.
suiteng
post Sep 15 2008, 10:02 AM

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Vacant posession is the way.

Also, make sure all electricity, water, maintenance and indah water is paid.
DannyOP
post Sep 15 2008, 10:32 AM

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Are you buying the house as an investment or for your own stay? If it is an investment then a tenanted house would be a better deal (presuming there is decent rental, the tenant pays on time, does not damange property etc). However if you wish to purchase it for your own stay then of coz it will be better to ask the seller to sell it with vacant posession. It beats the hassle of terminating the contact and removing the tenant.
SUSStarJump
post Sep 15 2008, 06:32 PM

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Hi thanks so much for your replies. Really appreciate it. I am thinking of buying an apartment for stay. However, I heard so much horror stories on tenanted units that I don't even want to consider it. Maybe I am too pessimistic but better a pessimist than losing tons of money.

My fear also stems from what I hear from lelong units. In some lelong units, it is because the old owner cannot evict the tenants, they lelong the house, then the new owner is burdened by the task of evicting the old tenant.

Now I am looking at some non-lelong units but the tenants are still there. The sales agent sure say can kick out anytime, but I just wanted to make sure.
dachlain
post Sep 18 2008, 02:32 PM

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Please keep in mind that the sales agent will promise you everything before you secure the deal. After that they will disappear like a wind.
Lng
post Oct 9 2008, 05:55 PM

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Buy if you buy a house for investment, then better to have it tenanted alred. rclxms.gif
Vv.SoViEt.vV
post Oct 10 2008, 10:36 AM

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wat is Vacant posession?
speed7791
post Oct 10 2008, 01:09 PM

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u can put additional clauses in your tenancy agreement apart from the standard format which is what i did. i included a clause that i have the legal right as the house owner to disconnect the water and/ or electricity supply without further reference to the tenant if he or she defaults on the monthly rental in 2 weeks. did a checklist and recorded down all items inside the house plus estimated value, n get the tenant to sign that he or she acknowledges that those things are in good working condition. if he or she decides to leave and any of those items go missing or damage they will be charged.

if want to buy lelong units better go n see the condition of the property yourself first. have to also check clauses or terms concerning outstanding charges.... who is responsible to pay for what
Ezymeal.com
post Oct 23 2008, 09:59 PM

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QUOTE(speed7791 @ Oct 10 2008, 01:09 PM)
u can put additional clauses in your tenancy agreement apart from the standard format which is what i did. i included a clause that i have the legal right as the house owner to disconnect the water and/ or electricity supply without further reference to the tenant if he or she defaults on the monthly rental in 2 weeks. did a checklist and recorded down all items inside the house plus estimated value, n get the tenant to sign that he or she acknowledges that those things are in good working condition. if he or she decides to leave and any of those items go missing or damage they will be charged.

if want to buy lelong units better go n see the condition of the property yourself first. have to also check clauses or terms concerning outstanding charges.... who is responsible to pay for what
*
well, my case is very interesting also.
Tenancy agreement expired since 2006 and he has not signed since then. Nevertheless, rental is paid but very unsatisfactorily, always late.
Fast forward....made a police report 2 weeks back - he didn't pay rental since Aug 15 08. Informed him of electricity cut, then he paid up. 3 days back, I found out that the electricity bill is >2400 ++ outstanding, much more than the 400 utility deposit that he has with me (damn TNB, never POTONG electric).

Now, can I use the same police report & cut his electricity? Legal? (Tenancy expired long time). Any suggestion on how to evict this tenant, but first clearing the utility bill first???

 

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