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Tenancy

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At Emerald Law we have experienced lawyers who have handed disputes between landlord and tenants for both local and expat clients. We understand through experience that disputes of such nature often take longer to resolve and often leaves parties in an anxious state. With our wealth of experience in handling such matters, we can guide you through such matters and potentially help you avoid common pitfalls and expensive lawsuits.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The lease usually specifies when the rent may be paid, and may also cover what happens when the rent is not paid punctually. It may also cover dispute resolution mechanisms that may apply in the event the rent is not paid punctually. When the tenant does not pay the rent, he or she is in breach of their tenancy agreement.

If your tenant is in breach of their tenancy agreement, one option is to send your tenant a Letter of Demand. If they continue to default on the payment of rent, you may consider taking legal proceedings to recover possession of the premises or re-enter the premises and forfeit the lease.

The purpose of the security deposit is usually for the Landlord to reinstate the premises to the state in which it was let out. After the landlord has deducted from the security deposit any amounts that were used to rectify damages caused by the Tenant to the property, the landlord should refund the remaining amount to the tenant. However, tenancy agreements may also allow unpaid to be deducted from the security deposit. If your landlord still does not return your security deposit, you may send him a letter of demand.

There may be disputes over whether the deductions made from the security deposit are reasonable. This typically includes disputes over whether the Tenant did, in fact, cause the damage, or the amount to be deducted. It is best to consult a lawyer on whether the proposed deductions are reasonable before agreeing to the terms.

If your landlord refuses to return your security deposit and you feel your landlord has demonstrated a track record of dishonesty and you have reasonable grounds to believe that he or she will not return the security deposit no matter of the situation, and does not substantiate his reasons for not returning your security deposit, consider sending him a letter of demand and commencing legal proceedings thereafter.

Do take note that the Small Claims Tribunal only deals with tenancy matters in which the length of the tenancy is less or equal to two (2) years. If your case falls within the jurisdiction of the Small Claims Tribunal, we can through a paid consultation assist you to review documents and provide advice on how you can present your case to get the best possible result.

This process is typically started by sending your Tenant a Letter of Demand.

In Singapore, a tenant may generally only be evicted where there is a breach of the Tenancy Agreement. You may evict a tenancy in the manner prescribed within the tenancy agreement. However, if your tenant does not leave the premises when demanded to, or outright refuses to leave, you may also need to commence legal proceedings to obtain a Writ of Possession for the premises. The writ of possession, together with a notice of eviction, will enable a Sheriff (an enforcement officer of the court) to take possession of the property (and any items to be sold to satisfy the tenant’s debt to you if any) and evict the tenant from the premises.

You may do so by taking out an application in the Singapore Courts called a Writ of Possession which is a lengthy and costly process or you may contact us to assist you with peaceful re-entry. 

Our Lawyers who specialise in tenancy will be able to assist you in recovering your premises.

This process is typically started by sending your Tenant a Letter of Demand to give notice to the tenant to move out of the property. If the Tenant does not, you may have to commence legal proceedings to get the requisite orders mentioned above.

Depending on the circumstances of your case, this may be a highly disputed and contested matter. Further, the processes of getting the orders are lengthy and complicated, and getting a lawyer to assist you will help you save costs in the long run by ensuring that the process goes smoothly.

You may apply for a writ of distress under the Distress Act. This allows a landlord to recover the arrears of rent for up to 12 months’ arrears preceding the distress application. This writ will allow the sheriff to seize items to sell in order to pay the rent and costs that is owed to the landlord. It is important that the landlord act quickly and not wait to claim arrears. It is recommended that you engage a lawyer when applying for this relief so as to ensure that the process does not suffer from any hiccups which may end up delaying the application and grant of the writ. Our lawyers are experienced in these matters and can help you.

If your tenancy agreement does not provide for early termination, then no. You will have to serve out the full duration of the tenancy, and to do otherwise would amount to a breach of the tenancy agreement.

Your tenancy agreement must provide for a diplomatic or exit clause that allows you to terminate the lease before its expiry. There is a myriad of situations this can cover, such as the termination must happen within a fixed time or upon the occurrence of certain specified events. However, you must exercise your rights as per the process detailed within your tenancy agreement. This may lead to pitfalls and obstacles in trying to exercise the exit clause if you are not able to satisfy these processes.

If you are considering entering into a tenancy agreement, do get in contact with us as it is vitally important to be certain as to what your rights will be if you wish to terminate your tenancy agreement.

Unless specified in the Tenancy Agreement, No. The Tenant is entitled to the right of quiet possession. This means that the Landlord would require the tenant's permission to enter the premises even in the case where repairs needed to have been made or if potential tenants wish to view the premises. The tenancy agreement is likely to set out the events within which the landlord may enter the premises and the notice required for the landlord’s entry.

Our team of lawyers who specialise in tenancy related matters are well versed in handling tenancy related matters from errant tenants who disrespect your home and fail to pay rent to landlords who are unreasonable and fail to uphold their end of the contract.

It is therefore very important for you to understand your rights and obligations under the tenancy agreement that you have agreed to. We can share our experience with you to help you resolve your dispute in a cost-effective manner.

Why Choose us

we are specialised

Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

we provide solutions

We ensure that the advise and solution provided to you resolves your matter in the most efficient manner. We are not here to simply talk, we're here to provide REAL solutions.

we are committed

We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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