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What happens if you refuse to move out - expired tenancy contract soon!

573

Posts

EW GURU

Latest post on 07 June 2015 - 21:33

I know the agent is pushing me out to increase the rent but i want to know if anyone knows what happens if you refuse to move out after your tenancy contract expires.

He has provided me a registered mail notice(not a notarised notice) ..... (a few days after my contract began) to say i should vacate as the landlord is moving in and/or selling property. providing 2 reasons not one.

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8965

Posts

EW MASTER

Latest post on 17 June 2015 - 08:42

Just to keep you all updated. The notice served to me was short of 365 days, hence the '12 months notice' which was served to me is actually deemed invalid. I have now left the rental cheque with the Rental Dispute Centre, assuming auto-renewal ......Let's watch this space. I will keep you posted on the outcome, but so far its looking good on my side. Why would it be invalid? Did they give you the reason at the rent committee? It seems that they didn't give the OP the required 12 month notice and gave it outside that time frame rendering it invalid When I went to the RC last month I was advised that a registered email/letter wasn't valid It had to be given by the land department and stamped with the reason on. Correct. The notice was a week late and funnily enough even though every article under the sun says notice should be served via notary public OR registered mail. The legal counsel looked at the letter (which was sent via registered mail only; no notary stamp) and smirked and just dismissed it :) They told me it had to be done by notary public incase of dispute as the legal notice is written on said paper They advised that if you were taking your LL to rent court then you had to have this notarised paper as proof and no cases would be opened without it as this is your proof of eviction

573

Posts

EW GURU

Latest post on 16 June 2015 - 20:42

Just to keep you all updated. The notice served to me was short of 365 days, hence the '12 months notice' which was served to me is actually deemed invalid. I have now left the rental cheque with the Rental Dispute Centre, assuming auto-renewal ......Let's watch this space. I will keep you posted on the outcome, but so far its looking good on my side. Why would it be invalid? Did they give you the reason at the rent committee? It seems that they didn't give the OP the required 12 month notice and gave it outside that time frame rendering it invalid When I went to the RC last month I was advised that a registered email/letter wasn't valid It had to be given by the land department and stamped with the reason on. Correct. The notice was a week late and funnily enough even though every article under the sun says notice should be served via notary public OR registered mail. The legal counsel looked at the letter (which was sent via registered mail only; no notary stamp) and smirked and just dismissed it :)

8965

Posts

EW MASTER

Latest post on 16 June 2015 - 16:08

Just to keep you all updated. The notice served to me was short of 365 days, hence the '12 months notice' which was served to me is actually deemed invalid. I have now left the rental cheque with the Rental Dispute Centre, assuming auto-renewal ......Let's watch this space. I will keep you posted on the outcome, but so far its looking good on my side. Why would it be invalid? Did they give you the reason at the rent committee? It seems that they didn't give the OP the required 12 month notice and gave it outside that time frame rendering it invalid When I went to the RC last month I was advised that a registered email/letter wasn't valid It had to be given by the land department and stamped with the reason on.

ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 16 June 2015 - 13:59

But the 12 months notice does not have to coincide with renewal...it is 12 months from the date it is issued. If it was issued a few days after your last contract started then you are only entitled to stay for the same number of days after you contract ends. And it can be notarised or recorded delivery, not both. If someone wants to sell their villa and need an approved vacating letter, it is always accepted to be 12 months from notice to leave, not the annual renewal date of the tentant.

573

Posts

EW GURU

Latest post on 14 June 2015 - 14:34

Just to keep you all updated. The notice served to me was short of 365 days, hence the '12 months notice' which was served to me is actually deemed invalid. I have now left the rental cheque with the Rental Dispute Centre, assuming auto-renewal ......Let's watch this space. I will keep you posted on the outcome, but so far its looking good on my side.

2264

Posts

EW EXPERT

Latest post on 08 June 2015 - 13:23

Thank you for the advice Fairydust. I will be going to RERA and see what options I have left. Please let us know what they say, as updates and feedback are always useful. Good luck.

573

Posts

EW GURU

Latest post on 08 June 2015 - 13:20

Thank you for the advice Fairydust. I will be going to RERA and see what options I have left.

2264

Posts

EW EXPERT

Latest post on 08 June 2015 - 13:07

Just to add to my original post. My tenancy contract says 'non-renewable' therefore I believe it is INVALID. The letter send via registered mail is signed by agent and is not the landlords signature, even though the letter is presented as though it is from the landlord with agent writing cc. and his name underneath. Is this valid? Again, still not a notarised notice but has been sent via registered mail. Well unfortunately for you, a 1 year non-renewable contract IS valid, if accompanied by the 12 months notice. If the agent has legal right to act on behalf of the LL, then also valid - my agent has power of attorney to act on behalf of my LL. I hate to say it, but doesn't look like you have much option but to move out and see what happens. You should speak to RERA though.

573

Posts

EW GURU

Latest post on 08 June 2015 - 12:57

Just to add to my original post. My tenancy contract says 'non-renewable' therefore I believe it is INVALID. The letter send via registered mail is signed by agent and is not the landlords signature, even though the letter is presented as though it is from the landlord with agent writing cc. and his name underneath. Is this valid? Again, still not a notarised notice but has been sent via registered mail.

2264

Posts

EW EXPERT

Latest post on 08 June 2015 - 09:44

'you can file a case against him at RERA and you will win. And you will get compensation. I've heard of people getting an entire year's rent as compensation!' NOT necessarily! As I said, exactly this happened to my friend - they had a water tight case, it took 5 months, cost them quite a bit and their case was thrown out. Don't count on the law being on your side, depends who's sitting in the hot seat on the day and what mood they're in.

654

Posts

EW GURU

Latest post on 08 June 2015 - 09:40

If your contract is coming to an end and the landlord already served you with the eviction notice last year, when you renewed the contract, then you are obliged to move, as long as you were given 12 full months' notice. But the landlord is not allowed to rent out the property for two full years after you move out. If you see the property advertised for rent, you can file a case against him at RERA and you will win. And you will get compensation. I've heard of people getting an entire year's rent as compensation! You can tell the landlord that you know the law and that he's not allowed to rent out the property after you leave and that you will be watching the property like a hawk to see if there's any new rental activity.

4393

Posts

EW MASTER

Latest post on 08 June 2015 - 09:40

Check with RERA if your notice is legal. I was told yesterday that it must have the court stamp on the reverse.

2264

Posts

EW EXPERT

Latest post on 08 June 2015 - 09:38

Well this is where it's a bit of a grey area, as the rules state that 12 months notice can be given by notary public OR registered mail - so technically. your notice has been given legally. I've had friends go through this recently and their only option was to move out and then file a case with the rent committee - which sadly they lost BTW even though they had a water tight case. If he hadn't given you the notice then I'd be saying, write your cheques and leave them with RERA for him to pick up and get them to renew your contract, but the fact that he has given you notice and in one of the correct methods, you might not have a choice but to leave. Then, if you discover that he's re-rented it for a higher price, file a case. It's rubbish, but what to do.

8965

Posts

EW MASTER

Latest post on 07 June 2015 - 23:12

I know the agent is pushing me out to increase the rent but i want to know if anyone knows what happens if you refuse to move out after your tenancy contract expires. He has provided me a registered mail notice(not a notarised notice) ..... (a few days after my contract began) to say i should vacate as the landlord is moving in and/or selling property. providing 2 reasons not one. It has to be done by the courts. That is the only and legal way The reason it has to be done this way is because of any issues that may arise and it goes to rent court Rent increases have to be done 90 days before the renewal is done. If they haven't tough Write the checks out as you did last year and deposit them at the land department. Tell the agent you have taken advice from the rent committee and this is the law.

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