1 Answer

askguru expert
Hi there, thanks for writing to us on AskGuru.

We are sorry to hear about your situation.

Firstly, check if your tenancy agreement has a diplomatic clause and/or forfeiture clause. A diplomatic clause in a tenancy agreement where the landlord gives special permission to an expatriate tenant to terminate the tenancy before expiry in the event the tenant has to leave Singapore due to work assignment or layoff by the employer. A forfeiture clause means a breach of the covenant against assignment which may result in the termination of the tenancy.

If you break the lease via a diplomatic clause, then the landlord must return the deposit and allow you to break the lease. What you can do is to do a novation whereby you find another tenant. In this case, a new contract is substituted for an existing contract by agreement of the parties. This can happen between the original parties themselves only and it may also happen between the original parties (existing tenant) and a third party (new tenant).

Let's say you still have 6 months more before your tenancy agreement expires, then the new tenant may take over the lease. If you have been paying $1,000 and the new tenant takes over the lease at $1,200, your have to pay the difference of $200 to the landlord. You will have to pay for all marketing costs, agent's fee and so on.

Our advice is for both parties to resolve any issues in an amicable manner as breaking a lease will be a costly affair.

Hope this answers your question.

Best Regards,

Team PropertyGuru Read More

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