Tenant don't pay rental. Recourse?

[Galantspeedz]

Under CEA guidelines, commission is for the purpose of transacting the deal only.  For rental case, the agent jobscope for his commission ends when the property has been handed over to the tenant.

 

Managing your tenant, fixing your property and chasing payments is not his obligations.  However most agents do it out of relationship goodwill. Landlords need to look at that as an extra value, but not to be expected.

 

Read more here : https://www.cea.gov.sg/docs/default-source/module/newsletter/4-2018/respect-property-agents-boundaries.html

 

i prefer to do it myself then get agent..... faster and easier.... 

[Kusje]

Err....honestly I am not sure what are you trying to say.  Perhaps my english is bad so would appreciate if anyone can explain to me.

 

You said there's a concern that you might lock someone in. I think that can be avoided if you install the lock prior to renting it out. Just a normal door lock which can be opened from the inside without a key. From the outside, you will need a key.

[Galantspeedz]

If she is responding, then there is no need for further aggressiveness. 

 

Why don't you ask her if she can remit the money that is due to you?

 

Bro, what does your agent advise you?  I think at this point,  his opinion is more important than mine as he knows the details better. I do not wish to contradict another fellow professional.

 

 

 

isn't it better to get a written confirmation that they are terminating the agreement and be shifting out by xx date...... nothing to discuss with regards to deposit... no meh?

 

i don't see how meeting up will solve anything... likely a case of you say and i say

You said there's a concern that you might lock someone in. I think that can be avoided if you install the lock prior to renting it out. Just a normal door lock which can be opened from the inside without a key. From the outside, you will need a key.

 

then if during rental, there was a break in.... will landlord be liable?

So I sent a nice long email on 27/7 and requested a reply by 31/7.

 

Tenant only replied and cc agent that request to meet on a certain date (as she will only be back by then) but did not indicate acceptance on the terms of the email, neither did she remit payment that is due today.

 

I am considering issuing a lawyer's letter. Is it necessary?

 

actually what you are expecting to gain from this?

 

if she is a lousy tenant, i be more than happy to let her leave.... regardless of lease...  would save me time and trouble in the future 

[Kusje]

then if during rental, there was a break in.... will landlord be liable?

 

It's an additional lock. During the rental, you won't even use it unless you wanna lock the tenant out.

 

Why should you be responsible for anything?

[Throttle2]

Mine is other way round.

 

I am the tenant, always pay on time and now moved out handed over to agent representing landlord.

 

KNN, agent say landlord dont know go where for vacation. 3 weeks already still havent return me my security deposit.

 

Ask when come back, agent say dont know.

I still waiiting

[Jon_cclau]

Do it the legal way.... consult a lawyer and seek advice.

[Acemundo]

I didn't know about this thread and when I read back all the earlier post, I saw many comments like

 

- go put another padlock

- cut power/water supply

-call police.

 

Please don't do any of the above. The first two actions have safety repercussion. The first one you may accidentally lock someone in and the 2nd one  may endanger the lives of  their children or babies. You are trying to get back your house. You are not trying to kill anyone.

 

For the 3rd action, the police usually will not bother unless there is some sort of crime or danger.

 

 

just curious, if the errant tenant is not cooperative about moving out, what would you do to evict him?  this is not withstanding the part about forfeiting deposit or charging late payment interest.  because if he plays hard ball and doesn't move out, landlord's property cannot be turned over for new tenant.

Do it the legal way.... consult a lawyer and seek advice.

 

actually i have spoken to lawyer before. his advice is actually to toe the line of personal enforcement action rather than going through proper channel.  because it will take very long time to lodge a case with the court, get the warrant from the judge etc .  by which time, the landlord would have lost quite a few months of rent collection.

[Throttle2]

Mine is other way round.

 

I am the tenant, always pay on time and now moved out handed over to agent representing landlord.

 

KNN, agent say landlord dont know go where for vacation. 3 weeks already still havent return me my security deposit.

 

Ask when come back, agent say dont know.

I still waiiting

 

Not always tenant issue. Here is Landlord issue.

 

So at the end of the day, its about integrity, whether tenant or landlord.

[Icedbs]

You said there's a concern that you might lock someone in. I think that can be avoided if you install the lock prior to renting it out. Just a normal door lock which can be opened from the inside without a key. From the outside, you will need a key.

 

Please read the thread in its entirely.  Peoplle are saying installing an extra padlock to lock the gate so that the tenant which didn't pay rent, could not access the house anymore.

 

I am saying do not do the above.

 

It is not about installing a normal door lock which can be open from inside but need a key from outside. For such a lock, the tenant will still have the key anyway otherwise how is he going to access the house when you first rent to him?

Edited August 2, 2019 by Icedbs

[maxsee333]

I have first hand experience with a tenant that don't pay rental for a penthouse i own just last year. To write down everything is quite lengthy so wun be doing tat. But i did request for police assistance to repossess the unit in the event tenant turns violent. And i also found a way to simplify everything if it ever happens again. U merely need to amend certain clause in ur tenancy agreement. And do switch to using a digital lock next time.

 

Lastly. no point relying on ur housing agent to help u in such a situation. They are not obligated to help u in anyway. U have to deal with it urself.

 

 

 

 

 

[Galantspeedz]

It's an additional lock. During the rental, you won't even use it unless you wanna lock the tenant out.

 

Why should you be responsible for anything?

 

so beside a padlock for metal gate, you have 2 locks on wooden door?

[Icedbs]

just curious, if the errant tenant is not cooperative about moving out, what would you do to evict him?  this is not withstanding the part about forfeiting deposit or charging late payment interest.  because if he plays hard ball and doesn't move out, landlord's property cannot be turned over for new tenant.

 

 

Not easy to answer the above because it depends on the tenant and the situation. I never had such a situation except for 1 after dozens of tenancy

 

The key is to avoid a problematic tenant in the first place and this is where the agent comes in. I have come across so many potential problematic tenants that I told the owners not to take the offer because I smell a rat.  There are even more cases where I  reject viewing request because the way the tenant responded in his messages doesn't sound right to me (regardless how good profile he is)

 

Let me be clear here. There is more art to science in getting a tenancy right.  Unlike doing value analysis (which I do often), that one has more science to it. The art of getting a tenancy right starts from the first message when the tenant ask for viewing.  A lot of landlords thought it is just about going through a process;  from viewing to closing to paperwork and so on. I wish it is that simple. No two humans are exactly the same, so no two tenancy cases are similar either. The devil is always in the details and I have lost count how many times I have to anticipate  and stress over all the possibilities in advance in order to transact a smooth tenancy agreement for the client landlord.

 

If you get the tenants right, you will never need to question how to do an eviction.

Edited August 2, 2019 by Icedbs

[Acemundo]

Not easy to answer the above because it depends on the tenant and the situation. I never had such a situation except for 1 after dozens of tenancy

 

The key is to avoid a problematic tenant in the first place and this is where the agent comes in. I have come across so many potential problematic tenants that I told the owners not to take the offer because I smell a rat.  Too many of such cases to mention where I am also force to halt the offer or even reject viewing request because the way the tenant responded in his messages doesn't sound right to me.

 

Sometimes the landlord himself got surprise by how we dig out rats because they sense nothing during viewing itself.  

 

Let me be clear here. There is more art to science in getting a tenancy right.  Unlike doing value analysis (which I do often), that one has more science to it. The art of getting a tenancy right starts from the first message when the tenant ask for viewing.  A lot of landlords thought it is just about going through a process;  from viewing to closing to paperwork and so on. I wish it is that simple. No two humans are exactly the same, so no two tenancy cases are similar either. The devil is always in the details and I have lost count how many times I have to anticipate  and stress over all the possibilities in advance in order to transact a smooth tenancy agreement for the client landlord.

 

If you get the tenants right, you will never need to question how to do an eviction.

 

 

agree with you.  getting it right is the first step is better than looking for remedies later.  prevention is better than cure!!  but i have one more query.  what if the tenant is brought in by co-broke?  you would have very little chance to judge how good a tenant is the tenant?  

 

i also want to share a case, wife colleague father in law got defaulted on rent payment, but he was very patient and bothered to accept tenant explanation and keep waiting.  then after more than one month without receiving rent and when tenant finally don't respond to calls, then he went down unit to visit tenant and found out he was gone...

 

besides losing on the 1+ month of rent (his rental deposit only 1 month), he also incurred cost to rectify the damages inflicted to the property and furnitures pilfered by the tenant.

Edited August 2, 2019 by Acemundo

[Kusje]

Please read the thread in its entirely.  Peoplle are saying installing an extra padlock to lock the gate so that the tenant which didn't pay rent, could not access the house anymore.

 

I am saying do not do the above.

 

It is not about installing a normal door lock which can be open from inside but need a key from outside. For such a lock, the tenant will still have the key anyway otherwise how is he going to access the house when you first rent to him?

 

Install additional lock like this: https://www.amazon.com/AmazonBasics-Entry-Door-Lever-Matte/dp/B07GFFLG8C/ref=sr_1_3_sspa?crid=11TRTQKPC7U0V&keywords=door+lock&qid=1564734122&s=gateway&sprefix=door+lock%2Caps%2C909&sr=8-3-spons&psc=1

 

Tenant doesn't need the key. In normal circumstances, you just won't lock it.

so beside a padlock for metal gate, you have 2 locks on wooden door?

 

Yes.

I have first hand experience with a tenant that don't pay rental for a penthouse i own just last year. To write down everything is quite lengthy so wun be doing tat. But i did request for police assistance to repossess the unit in the event tenant turns violent. And i also found a way to simplify everything if it ever happens again. U merely need to amend certain clause in ur tenancy agreement. And do switch to using a digital lock next time.

 

Lastly. no point relying on ur housing agent to help u in such a situation. They are not obligated to help u in anyway. U have to deal with it urself.

 

Wanna share the clause with us?

Edited August 2, 2019 by Kusje

[Sdf4786k]

so beside a padlock for metal gate, you have 2 locks on wooden door?

 

thats not advisable. Please check with your housing agent.

[Galantspeedz]

thats not advisable. Please check with your housing agent.

 

no lar, not gonna do that.....  if like that, digital lock with scan card easier

 

just curious on don't give key part

[Icedbs]

agree with you.  getting it right is the first step is better than looking for remedies later.  prevention is better than cure!!  but i have one more query.  what if the tenant is brought in by co-broke?  you would have very little chance to judge how good a tenant is the tenant?  

 

i also want to share a case, wife colleague father in law got defaulted on rent payment, but he was very patient and bothered to accept tenant explanation and keep waiting.  then after more than one month without receiving rent and when tenant finally don't respond to calls, then he went down unit to visit tenant and found out he was gone...

 

besides losing on the 1+ month of rent (his rental deposit only 1 month), he also incurred cost to rectify the damages inflicted to the property and furnitures pilfered by the tenant.

 

Very good question on the co-broke part.

 

The answer is that I will assess the cobroke as well. You can usually tell from the way the cobroke answers, and if she/he is responsive, but could be fussy, you will get a sense that the cobroke tenants will be of the right type.  I once had a cobroke who even commented the standard TA from my agency can be improved,  She re-drafted and indeed it looks better. Small details,, fussy but meticulous. However, the tenant she brings never gave a single trouble. Her tenant is already going into their 3rd year with my landlord.  I guess lousy tenants would not have tolerated her scrutiny.

[Kusje]

thats not advisable. Please check with your housing agent.

 

Why not?