Help!! Rental Issue

2019-07-18 21:17
Hello Agon Uncle,

I met an issue with my lease contract of an big apartment. my contract states only 5 person allowed to stay(there are 5 rooms in total), however, I failed to control no. occupier, it now 8 occupiers, extra 3 perons are boyfriend/girlfriend of the tenants states in contracts.
Therefore, the landlord ask for 30% increase of rental. which is above the fair market price. are their claim reasonable? I only accept to increase $200. If we can not reach agreement, what action they can take againsit me, can they forfeit my deposit?
In addition, there is term states that landlord or agent can only enter the apartment with pr-enotice to me, however, they visited the apartment without any notice, and tried to open the room door without permission of tenant, even someone inside the room. For this case, what right I can claim?
I am still negotiating with them to settle this peacefully, but worry about if we can not reach agreement. appreciate your comments and suggestion on this matter. Thanks.

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2019-07-18 21:17

戴安娇

Reply from Agony Uncle
Well persons to stay usually mean occupiers. If 8 persons are staying on a premises which is rented out to 5 persons you appear to be in breach of your lease. He could either terminate your contract or renegotiate the term. He had chosen the latter. I cannot on the quantum of increase as I do not know in which neighbourhood are you residing. If you cannot he could terminate your lease. He could not legal forfeit a lease but it is the usual practice to defray his losses.

2019-07-18 21:17

齐珍承

Appreciate your further advice
Thanks for your reply, Uncle Chung.

I had been forced to move out by one week notice from landlord, now I am thinking about what to do next, I appreciate you can give me more advice with the further information as below.
Monthly rental is $3400 based on contract , and there is condition that I can do partition. so I spent $4000 to do partition, install Air-con and purchase furniture. with 2 partition rooms, there are total 5 rooms plus one study room. the whole units is about 170 square meters, located in Jurong East. Landlord also told me it was 7 persons in original 3 rooms for last lease agreement.
We did not mention the no. of occupiers when sign the LOI, but after I gave landlord one month deposit for LOI, landlord requested to set 5 occupiers, otherwise will not sign the contract. In view of that I may not able to get back the deposit, so I agreed to set 5 as maximum occupiers. then I tried very hard to get one person for one room, but failed I got 8 persons in.
When landlord aware of this, they asked to increase rental to $4500 for extra 3 persons, which is $1100 above the market price. otherwise, he will terminate the contract and forfeit the deposit. I can not accept the price since it is much over the faire price, my last offer to him is $4000. we can not reach the agreement as Landlord still insist on $4500. After that, I got one week notice to move out the unit, and I did so as landlord's request.
I suffered big loss , 2 months deposit 6800, plus spending on paritition and furniture $4000, and the expense to remove the partition. plus remaining rental of Oct. for about $400. it is about $11000~12000. I would like to understand what right I can claim? I appreciate your further advice very much.

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