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Tenancy agreement (modified 0 times) Daryl Hello I am a tenant in a condo in KL with a 2 year lease which also has a one year option. The tenancy agreement states “If the Tenant shall be desirous of renewing this tenancy for a period of ONE YEAR, he shall have the option to do so provided he notifies the Landlord in writing or to the subsequent new owner in the event of a sale or transfer of the said Premises, not less two (2) months before the expiry of this tenancy, other terms and conditions shall remain unchanged”. My landlord wants me out as he is in the process of selling the apartment. I have told him that I do not want to move and that I will be exercising the one year renewal option. He says that the one year option has to be mutually agreed and he will not agree to this. Where do I stand? Many thanks for your response. 29 Aug, 2010 11:07:41

RE:Tenancy agreement (modified 0 times) LoyerBrook He has the Right to sell his property. If you already stayed for one year, the Option to extend another year's tenancy lies in the hands of the Landlord or the New Landlord, Not yours. 03 Sep, 2010 14:36:01

RE:Tenancy agreement (modified 0 times) Daryl Hi Thanks for your response. I don't quite agree with your assessment as the contract clearly states that the tenant has the option to renew for a further one year. In any case I shall consult a lawyer. 04 Sep, 2010 14:25:11

RE:Tenancy agreement (modified 0 times) Loya Burok Consult all the lawyers you want. Any owner has the right to sell after giving due notice for the tenant to leave. Loyer Brook is correct. Any tenancy extention has to have mutual agreement. Just imagine if you wanted to quit and the landlord wanted you to stay for another year and another year and so on and so on!! I have known owners to start "Welding" shut their property, with the tenant inside!! 04 Sep, 2010 17:41:59

RE:Tenancy agreement (modified 0 times) Daryl Thanks for you response Loya Burok but I respectfully suggest that you are either wrong or have not read my post correctly. I agree that the landlord is perfectly entitled to sell the property however that does not mean he can throw me out on the street before the tenancy agreement has ended (including the one year renewal option). I have carefully read the tenancy agreement and there is no mechanism for the landlord to terminate the agreement. I also believe that the renewal option is a unilateral option of the tenant, not the landlord therefore there does not have to be a mutual agreement. Please note that the renewal option is for a further one year only, it is not an option to carry on renewing every year indefinitely. many thanks 05 Sep, 2010 09:34:03

RE:Tenancy agreement (modified 0 times) Loya Burok I think I have understood your post correctly. You seem to suggest that the one year renewal option is binding on the part of the owner if you choose to exercise it and stay a further year after your present year long tenure has ended. If I am wrong I otherwise stand corrected. I admit I was being a bit facetious in the last sentence in Para one, but the point is there. According to your arguement on mutuality the landlord can make you stay even if you want to quit after the first year. Interested to know the outcome of your situation. 05 Sep, 2010 19:28:29

RE:Tenancy agreement (modified 0 times) Daryl Hi Loya Burok You are correct in that I am suggesting that the renewal option is the tenants unilateral option. The tenancy agreement (in my mind) seems quite clear - the contract is for 2 years with a further one year renewal option as per the agreement: “If the Tenant shall be desirous of renewing this tenancy for a period of ONE YEAR, he shall have the option to do so provided he notifies the Landlord in writing or to the subsequent new owner in the event of a sale or transfer of the said Premises, not less two (2) months before the expiry of this tenancy, other terms and conditions shall remain unchanged”. This implies that all the tenant has to do is notify the landlord 2 months in advancance of tenancy expiry that he wishes to stay for a further 12 months and the landlord is obliged to comply. There is a clause in the agreement which allows the tenant to terminate the agreement after 12 months however there is no mechanism that allows the landlord to terminate the agreement before the expiry date. In any case, relations with the landlord have broken down and it seems that we are headed for the court. If my understanding of the Malaysian court system is correct, then it could take at least 12 months for the case to get to court - by this time there will only be 6 months left on the 2 + 1 agreement. Thanks for your response - it has been appreciated. regards Daryl 05 Sep, 2010 20:00:30

RE:Tenancy agreement (modified 0 times) LoyerBrook PART IV RECOVERY OF POSSESSION OF CONTROLLED PREMISES Section 16 (c), (d), (f) (m), (6), Could be used by the Landlord to trick and get rid of you easily. You have nothing to gain out of Dispute. You only make One More Lawyer Richer and Laughing Behind You To The Bank! What is So Special about the RENTED Place that make you Lick, Tick and Stick so much?? 06 Sep, 2010 09:56:33

RE:Tenancy agreement (modified 0 times) Daryl LoyerBrook What is this document you are referring to? 06 Sep, 2010 17:23:57

RE:Tenancy agreement (modified 0 times) Daryl Good news - the Landlord has finally agreed that my interpretation of the contract is correct and is willing to settle. However a word of caution for others who are seeking advice - take the advice offered with a pinch of salt. You have no way of knowing whether those who are offering advice are qualified to do so. Judging by Loyerbrook posts on other threads he is a wind-up merchant who only gives half the information along with a sarcastic comment. regards Daryl 22 Sep, 2010 13:42:22

RE:Tenancy agreement (modified 0 times) LoyerBrook Say what you like! You are just lucky enough to meet a Timid Landlord, and he is dealing with a Sarcastic Tenant like you! The Landlord was willing to settle with you simply meant he wanted to solve the problem, that's all. There is nothing so great about your Right or Wrong Comments! 25 Sep, 2010 09:31:59

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