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Can landlord terminate my contract early to sell his flat?
Posted: Mon, 25 Jul 2011 12:52 pm
by jamesalan
Hi, my landlord is planning to sell the apartment I am living in, maybe in the next 1-2 months. I have a 2 yr rental contract valid till sept 2012. Can my landlord terminate my contract early if the potential buyer requires vacant posession of this flat? Do i have any rights in this case, am i entitled to stay on till the end of the contract, if not, then am i entitled to any compensation?
please advise
Posted: Mon, 25 Jul 2011 1:07 pm
by JayCee
Read your lease
Owner wants to terminate TA early to sell the house
Posted: Sun, 31 Jul 2011 7:55 pm
by bohemian11
Hi, I'm currently having similar situation.
I feel being treated unjustly. Because when the landlord asked me what is my plan next year, I informed him that I will extend the lease since I'm pregnant and the due date is near the end of the contract.
He's verbally agreed and said no problem but suddenly he changed his mind and asks us to move out early because he wants to sell the house and requests us to commit 1 day every weekend to open the house for viewing to other people.
I've read my tenancy agreement but there is nothing related to early termination both parties. It's common knowledge in my country that early termination will cause the party who requests the termination to pay for compensation, but I don't know what is the practice in Singapore.
Kindly advise
Thank you.
Posted: Sun, 31 Jul 2011 9:13 pm
by mngedo
Hi there,
Usual cases, there will be a clause that states that the tenancy will be sold together with the apartment. Landlord has to give the tenant at least 2 (or 3) months notice in the event of such intention.
Re: Owner wants to terminate TA early to sell the house
Posted: Sun, 31 Jul 2011 9:29 pm
by x9200
bohemian11 wrote:Hi, I'm currently having similar situation.
I feel being treated unjustly. Because when the landlord asked me what is my plan next year, I informed him that I will extend the lease since I'm pregnant and the due date is near the end of the contract.
I guess you will extend it only if your reach the agreement he simply may not agree or propose higher rental that you will not be comfortable with.
He's verbally agreed and said no problem but suddenly he changed his mind and asks us to move out early because he wants to sell the house and requests us to commit 1 day every weekend to open the house for viewing to other people.
I've read my tenancy agreement but there is nothing related to early termination both parties. It's common knowledge in my country that early termination will cause the party who requests the termination to pay for compensation, but I don't know what is the practice in Singapore.
If there is nothing in the contract and the LL's intention is to sell it within the current lease he either has to pay you compensation in case you are required to leave or the buyer has to take over the lease.
Kindly advise
Thank you.
Posted: Sun, 31 Jul 2011 9:29 pm
by bohemian11
Hi mngedo,
Thanks for your reply. I suggested this to the landlord and at first he said okay. Now he says he can't promise anything. Basically he's saying implicitly that he will take buyer's side.
Plus I've checked with some agents that HDB can not be sold with tenancy
.
Once the HDB is sold I will have very little time to vacant the place.
Actually I don't mind to move out early before my tummy is too big to do some packing.
However I feel that as a tenant I should have some rights and the landlord can't just do anything as he pleases.
Posted: Sun, 31 Jul 2011 10:08 pm
by therat
Some of the HDB rental does not mention about early temination.
Most of them will stated like give 1 or 2 mth notice.
If the landlord want to sell away his HDB. You should estimate has 2 mth time to move.
Landlord find buyer.
wait 7 days cooling days
buyer exercise OTP. Submit for 1st appointment which most likely will be 1 mth later.
6 - 8 wks later will be 2nd appointment.
HDB cannot sell with rental. Hence the HDB unit need to be empty before 2nd appointment. Buyer can request come down to check the house before they go for 2nd appointment.
Due to MOP, new buyer need to had 5 yrs MOP before he can rent out the whole house. So if you plan to rent from the new buyer. No way. Unless the buyer want to to risk.
Posted: Mon, 01 Aug 2011 12:30 pm
by bohemian11
Hi all,
Thanks a lot for your reply.
I will try to negotiate with the landlord.
Hopefully, we can have a mutual agreement that suits both parties.
I'll update with the outcome.
Thanks.
Re: Owner wants to terminate TA early to sell the house
Posted: Mon, 01 Aug 2011 7:18 pm
by JR8
bohemian11 wrote:Hi, I'm currently having similar situation.
I feel being treated unjustly. Because when the landlord asked me what is my plan next year, I informed him that I will extend the lease since I'm pregnant and the due date is near the end of the contract.
He's verbally agreed and said no problem but suddenly he changed his mind and asks us to move out early because he wants to sell the house and requests us to commit 1 day every weekend to open the house for viewing to other people.
I've read my tenancy agreement but there is nothing related to early termination both parties. It's common knowledge in my country that early termination will cause the party who requests the termination to pay for compensation, but I don't know what is the practice in Singapore.
Kindly advise
Thank you.
From what you say the landlord cannot make you leavee early, even if he sells.