Tenants and landlords in Singapore frequently find themselves at odds, and what starts as a small dispute frequently turns into a major one. Legal proceedings may be necessary in certain cases, such as when rent is late or when property is damaged. What follows is an analysis of the most common disagreements and suggestions for how to resolve them.
1. Rent that is either late or unpaid
Not paying rent on time is a typical source of conflict. The renter is obligated to pay the rent by the due date stated in the lease. When this is not the case, landlords are presented with multiple choices:
If rent is more than 30 days past due, the landlord has the right to seek possession of the property through legal means.
Landlords have the right to re-enter the property and terminate the lease in certain situations, particularly when rent is unpaid for a long time.
Seizing the tenant’s possessions to pay off the unpaid rent is another legal option, known as a distress action.
In addition, the rental agreement will specify whether the landlord can keep part or all of the security deposit.
2. Property Damage
The responsibility for keeping the property in good condition is usually outlined in the lease agreement. Renters should do a complete walkthrough of the property before moving in and make note of any damage they find to avoid legal trouble down the road. Landlords can take various actions when tenants damage their property:
- Landlords have the right to pursue legal action: In order to recover damages caused by tenants as a result of contract breaches.
- Landlords have the right to end the lease and take back their property: If there is significant damage.
- Repair Costs: Landlords have the option to deduct a portion of the deposit for repairs or seek payment directly from tenants for the full amount, depending on the severity of the damage.
3. Keeping the Lease and When It Expires
Tenants may engage in what is formally called “holding over” when they remain in a rental property beyond the end of the lease term. In this case, landlords are entitled to:
Landlords are legally allowed to charge tenants twice the regular rent if they stay in the property after the lease has ended until they vacate.
Landlords should give tenants written notice of the impending lease expiration and the repercussions of overstaying to prevent misunderstandings.
4. Subletting Without Permission
Even though most rental agreements expressly forbid it, subletting without the landlord’s consent is a common problem. If a tenant uses the property for another purpose without permission:
The landlord has the right to reclaim the property by evicting the tenant and any other occupant who is not authorized to be there.
Landlords have the right to seek legal recourse in the event that subletting goes beyond the permitted charges or terms outlined in the agreement.
Addressing Illegal Activities: If the subletting is being done for illicit or improper reasons, the landlord has the right to take additional legal action against the tenant and the subtenant.
It is critical to handle the matter of unauthorized subletting promptly because it can have a significant impact on the landlord’s rights.
5. Conflicts Regarding the Security Deposit
The refusal of a landlord to return a security deposit, even after the tenant has fulfilled all of the lease’s requirements, is a typical source of contention between the two parties. In such a case:
Tenants are advised to formally request written clarification from their landlord regarding any deductions. This should include a detailed explanation along with any relevant invoices and receipts.
-Legal Demand Letter: Tenants have the option to formally request the return of their security deposit if the landlord fails to provide a valid reason. A letter of demand detailing the tenant’s demands and the legal grounds for them is typically sent in this situation.
Disputes like these typically don’t need to escalate to a lawsuit if handled properly, but it’s smart to consult an attorney when in doubt.
Keeping Informed and Preventing Disputes
Preventing many of these disputes can be achieved by both landlords and tenants through clear communication and a solid understanding of the tenancy agreement. Make sure you fully understand all of the terms of your lease agreement before signing it. Preventing needless conflict and saving time and resources can be achieved by promptly and professionally addressing issues as they arise.
Both landlords and tenants can confidently and clearly navigate these common tenancy issues by following these steps and, when needed, consulting with legal experts.