Finding a place to rent is not as easy as it seems. Aside from the stress of attending multiple house viewings, there is the negotiation process with the landlord (or their agent) to finalise the monthly rental rate.
Then comes time to sign the rental agreement. You take a cursory glance and decide that the terms outlined are to your satisfaction. With the anticipation of finally securing a place to stay, you ink your initials on the contract.
What can go wrong, right?
Protecting your rights as a tenant
Let’s get real. Things do happen, and conflicts may occur. In the Singapore court of law (or in any other type of contractual agreement), if a term or clause is not explicitly written in a contract that two (or more) parties have endorsed, it does not exist.
That is why prospective renters should always thoroughly read through the rental agreement’s terms before endorsing it. If in doubt or disagreement with specific sections, it is always best to clarify and request an amendment.
Most landlords are perfectly reasonable individuals willing to compromise with their tenants. However, there are a rotten few who will find loopholes to exploit unsuspecting tenants of their money (and sanity).
Therefore, to safeguard against future disagreements, always ensure that the rental agreement clearly conveys what you, the tenant, want.
Terms you need to include in the rental agreement
There is a high possibility the rental agreement the landlord sends is copied and pasted from a standard template from the real estate person’s agency.
If you want a guideline to compare your rental contract to, the Council for Estate Agencies (CEA) has tenancy agreement templates for both HDB and private residential properties.
Remember, these clauses aren’t set in stone, so you’ll have the freedom to tweak them if they are too vague or don’t work in your favour.
Just be prepared for some back and forth with the landlord after you’ve indicated the changes you want to make – naturally, they might disagree with your terms, and you’ll have to find a middle ground.
That said, here are some terms you should be looking to amend:
Security deposits
Original terms: “To pay a deposit of $xx being equal to x months’ rent upon the signing of this Agreement (the receipt whereof the landlord hereby acknowledges) as security for the due performance and observance by the Tenant of all covenants, conditions and stipulations on the part of the Tenant herein contained… “
Unfortunately, cases of tenants having to forfeit a sizeable amount (or the entirety) of their security deposit to their landlords for reasons other than damages to the property do happen.
To prevent this from occurring, tenants should ensure the rules for returning the deposit are laid out in the contract. Usually, a rental agreement will mention something along the lines of “due performance” or “non-performance”, a term landlords use as a catch-all to claim for any expenses from their tenants.
Recommendation: To correct this, be explicit and include a line that says “the security deposit is only to be used in relation to damages to the property or unpaid rents.”
Tenants should also state that landlords must “advise them in writing first, before deducting any amount from the security deposit” and that “the deposit must be paid back within x number of days from the end of the lease” (usually, the period of time would be from two weeks to a month).
It also helps to document the state of the apartment during the house inspection. And by document, we mean fastidiously examining and taking photographs of every corner of the house, including the furniture (if it comes fully furnished).
Should there be any disagreements in the future, tenants will have sufficient evidence to plead their case.
Household repairs
Original terms: “All minor repairs and replacement of parts and other expendable items at its own expense. The landlord’s approval must be obtained prior to repairs, and the landlord reserves the right to engage their own contractor.“
Fair wear and tear occurs the longer you live in a property. Bulbs require changing, curtains and carpets require cleaning, etc.
However, should the washing machine call it quits, or water from burst pipes flood the kitchen, the cost of maintenance will skyrocket faster than the inflation of the Zimbabwean Dollar.
To avoid incurring additional expenses during the tenancy period, the rental agreement should set defined limits to the amount the tenant should pay for minor repairs and ensure that the landlord will be responsible for the cost of rectifying major ones.
Recommendations: Tenants should include a statement mentioning they are “responsible for the first S$150 – S$200 of repairs, after which the landlord should bear the rest, should the overall cost exceed the stipulated amount.”
Also, the tenant should be able to “choose their preferred maintenance people” if required.
Viewing of premises
Original terms: “During the two (2) months immediately preceding the expiration of the tenancy herein, to permit the Landlord or its representatives at all reasonable times and by prior appointment to bring interested parties to view the said premises for the purpose of letting the same.”
The problem with the word “reasonable” is its subjectivity – what is reasonable to one person might not be for another.
A landlord may decide to allow prospective tenants to view the unit before the current lease expires at times that the current tenant might disagree on.
Unless you’re comfortable having strangers wander into your personal space at odd hours, it is best to establish boundaries in the rental agreement.
Recommendations: Give a reasonable time frame for landlords to set a prior appointment before scheduling their house-viewings.
For example, tenants can stipulate that “prior permission by tenant(s) must be made in writing, at least 24-48 hours in advance”.
There are also merits to be even more specific – “in writing” can be further expanded to include logged messages across all platforms, such as Whatsapp/LINE/Wechat messages, SMS and emails.
Rent payments
Original terms: “If the rent hereby reserved shall not be paid for seven (7) days after its due date, or if there shall be a breach of any of the conditions, covenants or stipulations on the part of the Tenant herein contained, the Landlord shall be entitled to re-enter upon the said premises.”
A typical rental agreement will document when and how much rent is due. It is common sense (and courtesy) that tenants should fulfil these conditions stipulated in the contract.
However, there might be instances where the tenant may not be able to meet their repayments on time, such as being on an overseas business trip, or if the landlord changes their bank account details without informing the tenant.
Recommendations: Tenants should indemnify themselves from late payment penalties if they have made sufficient efforts to meet their payments.
They can do this by including “tenant(s) will not be held accountable for interest or late payment if he/she has made all reasonable attempts to pay by the clearly communicated rental payment arrangement”.
Need to clarify other rental terms? Let us know in the comments section below or on our Facebook post.
If you found this article helpful, check out Ask the 99.co expert: Breaking your rental lease early in Singapore and 6 important rental terms tenants in Singapore should know.
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The post 99.co’s guides: Rental agreement – Terms you must include appeared first on 99.co.
