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We are tenants who want to rent a commercial property (shophouse) which has a structural ceiling damage (damp seepage, needs to be waterproofed and refitted). Agent said that landlord will fix this before handing over the unit.
How do we protect ourselves as tenants, given that 2 months' security deposit and one month rental are to be paid upon the signing of the TA, which will be before the possession of the unit?
Agent is adamant that 3 months need to be paid upon signing of TA.
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3 Answers

Hi, it can be stated in the letter of intent as well as tenancy agreement for the repairs to be fixed before accepting the units for rental. The 3months is common for certain landlords.

Hi, both of you are parties involved in the agreement, and both of you are liable and responsible for the agreement. The one alternative solution i can think of is liaising with the landlord as well as your sibling to have a replacement tenant to take over your room and see if they are open to the idea.

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Did you indicate the requirement for landlord to bear the costs and responsibilities of the ceiling damage in the letter of intent? This can also be worded into the tenancy agreement,. Speak to your legal advisor on this subject matter perhaps.

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It's wise to be cautious when renting a shophouse with structural damage. Here's how to protect yourselves:

Addressing Repairs Before Signing:

Don't Pay Until Repairs Done: Avoid paying the security deposit and rent until the repairs are demonstrably completed and the shophouse is in a habitable and functional condition.

Written Confirmation: Get written confirmation from the landlord that the repairs will be completed to a specific standard before you take possession. This confirmation should be included as an addendum to the Tenancy Agreement (TA).

Standard Deposit and Rent:

Two Months' Deposit Standard: In Singapore, the standard practice is for tenants to pay a security deposit equivalent to two months' rent. The agent's demand for three months' deposit is unusual and can be negotiated.
Additional Tips:

Inspect Thoroughly: Before signing the TA, conduct a thorough inspection of the shophouse with the landlord present. Document any existing damages (beyond the reported ceiling issue) with photos and videos.

Review TA Carefully: Ensure the TA clearly outlines the repair responsibilities of both parties (landlord and tenant) and the timeline for completing the repairs.

Consult a Lawyer (Optional): Consider consulting a lawyer specializing in property law to review the TA and ensure your rights and obligations are clearly defined, especially regarding repairs and timelines.

Here's how to approach the situation:

Negotiate with Agent: Explain your concerns and insist on paying the deposit and rent only after the repairs are completed. Negotiate the standard two months' deposit.

Walk Away if Needed: If the landlord or agent isn't flexible on these points, it might be best to walk away and look for another shophouse in better condition.

Remember: Don't feel pressured to rush into a rental agreement that doesn't address your concerns. Prioritize protecting your finances and ensuring you're getting a shophouse in a suitable condition for your business operations.
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