Home / Malaysia Real Estate Law / Buy/Sell a House, Landlord/Tenant, Mortgage & Commercial Matters Notice of termination of TA before expiry

Notice of termination of TA before expiry (modified 0 times) win-win solution I have recently given notice to terminate my TA by giving 3 months advance notice. This is in consideration to the landlord cos I am terminating before the said TA expires. He then told me that I have to waive my Deposit (2+half months) as per the t&c in the TA. I wanted him to consider refunding me cos of my in lieu notice. Anyway, my main concern now is he mentioned another clause in the TA which I was not aware of, where I will have to pay the full rent of 1 year rental should I terminate before 1 year is over. The agent whom arrange for the TA informed me the TA is a standard TA. Knowing in advance that there is a possibility of me terminating the TA (landlord and agent), can the above clause be considered null and void? I told the landlord the reason for the termination is due to moving to own property soon. And wont be able to afford the rental anymore (which is a fact). In actual fact, this is not the main reason, the property I am staying in is a condo. After staying for a couple of months I started to experience noise pollution from renovation works and more works is on going. And I realised that my children are facing health problems (esp recurring cough and flu) from the black soot that comes thru the windows and due to air pollution from nearby highway. My child's sinus and allergy has worsen and my children has been on medication for months now. I cannot rely on air conditioning as well cos they cannot stand the a/c for long period of time.There are other concerns as well which I wont mention here. I will be meeting with the Landlord for further discussion very soon. My question are;- 1. Is it fair for me to appeal for my deposit back 2. Is is fair for the agent/landlord to have included the said clause when they were aware that I may be terminating the TA before 1 year is up? 3. Should I clarify further to the Landlord my reason for leaving? (I do not want to appear spiteful and complaining cos this is not the case)? Would this help me to reason with them more easier and make them more understanding? 4. What should I do next if they still want to pursue with this clause? 5. Any other sound advise I should consider? Hoping to get some feedback by this Friday. Thanks for the advises in advance. win-win solution 23 Jun, 2010 02:43:07

RE:Notice of termination of TA before expiry (modified 0 times) Arrow You had made it very clear to Landlord that you can't afford to pay anymore rental. You must stand firm on this reason! Further, they cannot force you to stay & pay. If you can't afford, they are not going to let you stay for free! Remember this! Will they let you stay for free, if you don't pay them in any one month? You try it, and see they will chase you out as soon as possible! They made their own one-sided, sarcastic terms & conditions that are non-enforceable in the Court of Law. It is Unilateral Contract. The Landlord and Agent cannot do anything to you. They are just trying to threaten you. 23 Jun, 2010 10:23:13

RE:Notice of termination of TA before expiry (modified 0 times) win-win solution Dear Arrow, thanks for your advise. I will stand firm to my word and hope the Landlord will see the justice in this. I've explained to them that I can only afford to pay rent within the stipulated notice. Should the landlord refuse to refund my deposits, I plan to shorten the notice to 2 months (which is a standard practice I presumed). Would this in anyway sabotage my initial notice or am I in the clear? Where would be the best place to meet up for discussion. They want to visit me in the unit concern and I have agreed to this cos in so far the have been very cordial and well mannered about the whole thing. Since I will be meeting them alone (spouse is outstation), should I ask a friend to sit in? Or meet up with them first and decide from there? What ever is the outcome I will ask them to put it in writing to safeguard myself. Thanks. 23 Jun, 2010 12:38:49

RE:Notice of termination of TA before expiry (modified 0 times) LoyerBrook There are ways to make your Landlord realize your predicament and situation: 1. Be firm on your stand, i.e. YOU CAN'T AFFORD TO CONTINUE RENTING! NO MONEY! 2. You gave him Notice as a Mark of Courtesy, He should know and accept in utmost good faith. 3. The Environmental, Health and Fitness problems caused to your children. 4. Tell him whether he likes it or not, you are going to stop renting. 5. STOP PAYING him for the COMING Next 2 months. He will try to get rid of you, GOOD, Welcome. 6. Be Prepared to Move Out anytime, or to use your 2 month's Deposits in lieu of Notice. If you are an Honest man. It is better for you to owe him than he owes you. You could get difficulty chasing after him for your money afterward. Always have trusted friends around to prevent undesired incidents from happening. 30 Jun, 2010 02:14:04

RE:Notice of termination of TA before expiry (modified 0 times) win-win solution Thanks for your advice Loyerbrook. I have met with the Landlord. I would have stayed in the said unit for 7 months (as of Aug2010) and including the deposit 2+0.5 an equivalent of 9.5 months. Now, they are saying they are not sure whether they would be able to get a new tenant within the said period (technically am paying rent till mid Nov2010 cos my deposit non refundable), so they will lose 2.5 months rental. For being considerate people that they are, now they want me to 'share' the lost rental by paying another 1.5 months' rental. I told them I can't afford the rent anymore and will be relocating soon to another state. A friend of mine (also in real-estate business), said this type of clause is usually use for business premises. And it is usually fair practice to treat this type of notice (more than 6 months rental) as fulfillment of the 1 year agreement and advise Client to accept the Notice in utmost good faith, especially given the ample notice. I have no intention to make any further payment and I have indicated this but told them will give my answer to them in a later date; and I even offered to try and get new tenant for them (actually advertised, contacted few realty friends for help). Should I refuse to pay up, do they have the right to stop me from moving out (whom would be in the right mind would do this anyway..?) Or if they get a lawyer to issue a Letter of Demand; what's next? (I don't think it's worth it for them cos Rental is at rm2400/month. So the monies involve is RM6000(2.5 months) or RM3600(1.5 months). 30 Jun, 2010 23:28:15

RE:Notice of termination of TA before expiry (modified 0 times) win-win solution Hello again everyone.. More than a month have passed since my last message. It is now August and I am on my last month of stay in the rented unit. I am planning to vacant the said property by the end of the month. Mean while I have been trying to get new Tenant to take over the Unit but still unsuccessful due to the high cost of the Rent. I really need some Sound Lawful advise on how to tackle this issue. I have just been informed by the Agent that the Owner is considering Legal action against me should I NOT PAY for the rest of the remaining One year Rental (which comes up to RM6000). I have repeatedly told them and the Agent that the main reason I am leaving is due to financial constraint and can't afford to pay for the Cost of Renting their Condo. Rather then staying and risk not being able to pay them, I want to terminate the Contract earlier so that they will be able to rent it out and continue collecting rent from a new Tenant. I have withheld the August Rental payment and only plan to pay after I move out. Should I get a Lawyer's advise on this matter or wait and see what they going to do next. Is they any Lawyer out there that can clarify on this matter? Thank you. 11 Aug, 2010 00:00:11

RE:Notice of termination of TA before expiry (modified 0 times) LoyerBrook In fact, any Tenancy Agreement is made to Protect the Tenant and NOT the Landlord! Please read it LOUD & CLEAR! You get it Right! I have dealt with cases like these for my Family Members, Relatives and Friends Altogether being Both as: LANDLORDS and TENANTS. I want to confirm to you that the Main Ingredient and Essence in any Tenancy Agreement is still $$$$$$$$. No Money, No Talk LLaahh! T&C are just like the Dessert and Drinks of your Food or Meal you eat. Money is like the Meat, Vegetables and Rice in your Main Course of the Meal. Since you had given him enough time with Notice, he should understand the situation. He cannot force you to pay, or force to continue to stay there! Again, If you could not Afford to pay and No Money to Pay, will he let you stay for Free? MONEY is the Most Important Point to Emphasize Now! Read the clause: "Default of Payment" in your Tenancy Agreement. I am sure he is going to Kick You Out as soon as possible, if you tried PURPOSELY DELAY, or STOP paying him from NOW!!! DO NOT get Frightened of seeing Letter of Demand!! I can Assure you the Landlord will give up very soon, if you Start Ignoring Him and any Letter of Demand from now on. To be frank with you, each Letter of Demand will cost at least RM50 to RM200, his Lawyer will Not do anything, unless the Landlord is willing to pay the Lawyer at least RM2500 for each Court Session!! You Weigh the Pros & Cons of this Case, if you were the Landlord yourself... My advice to you: Do NOT talk too much to the Landlord and Agent! Why?... Because they could be collaborating to squeeze more money from you, as Nobody wants to rent the property, a lousy place to live there. What should you do next? 1. Get your belongings ready packed and prepare to move out anytime. 2. DO NOT Communicate with the Landlord or Agent from now, until EVERYTHING yours, is moved out of the property. 3. Do Not tell them where your future place of stay. Just name a place far, far away. 4. Contact the Landlord to Return the Keys, Only AFTER you moved your belongings out. 5. Use the Blank Space of your Tenancy Agreement and write in the Sentence containing this Words: Everything Returned To Landlord in Good Condition and Proper Order: Get Landlord to Sign Acknowledge Receipt with Date and Time. 6. The Cunning Landlord might insist to check for any damage of his property or try to squeeze and bill you for Damages. Be prepared to answer him. In short, the above information ought to help you stand FIRM: Just stop talking to much to the Landlord and his Agent. Do not communicate with them, until you have moved out. Then, call Landlord to return the Keys, and get him to Sign, Acknowledge Receipt, Time and Date. Always bring 2 friends along with you, to prevent Heated Incidents. 16 Aug, 2010 13:39:54

RE:Notice of termination of TA before expiry (modified 0 times) LoyerBrook I forgot to remind you that it is NOT your Duty to find a Substitute Tenant for him. It is Non-enforceable in the Court of Law. You are NOT his Employee!! You are NOT his Property Agent!! DON'T BOTHER to be Kind Enough to him!! He won't thank you. He is Greedy and Ignorant! You are just a Tenant, give him Notice and Finish!! You don't need to be too generous to his BIG Greedy Mouth and Pocket, and make him Laughing to the Bank! 16 Aug, 2010 14:23:06

RE:Notice of termination of TA before expiry (modified 0 times) win-win solution Thanks so much for your advise Loyerbrook. You been much help to me. How do i get in touch with you should i need legal aid? I take it you are a lawyer by proffession? I will be handing over the unit soon. I will ask them to give me a letter of release from future n fufther claims in regards to the TA.. 23 Aug, 2010 07:13:22

RE:Notice of termination of TA before expiry (modified 0 times) win-win solution Loyerbrook n all, I would like to share some of the clauses in the said TA which i find very perplexing;- 1. There is no provision for Payment Default 2. The TA is for One year (12 months) and the Clause said NO Termination of Tenancy during the term during the first 12 months.... Any thoughts on these Clauses.. Thanks 23 Aug, 2010 14:31:01

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