When Can You Evict Your Tenant in Singapore?

The relationship between landlords and tenants are typically governed by the written tenancy agreement between them. This agreement will dictate when you can evict your tenant.

Normally, other than waiting for the expiry of the term or tenure of the tenancy, you may evict a tenant for significant breaches of the tenancy agreement. Examples of such breaches include:

  • Failure to pay rent or consistently paying rent late;
  • Subletting the premises without your approval or knowledge;
  • Wilfully causing damage to the rented property; and
  • Engaging in illegal activities in the premises.

The Normal Eviction Process in Singapore

There are usually four steps you need to undertake to evict your tenants in Singapore:

Send the tenant a written notice of termination of the tenancy

This written notice should:

  • Identify exactly which terms and conditions of the tenancy agreement the tenant has breached;
  • Confirm whether the breach is capable of remedy, and if so, how long the tenant will be given to remedy it;
  • Give notice to the tenant of the number of days before which the tenancy agreement shall be considered terminated; and
  • State that the tenant must vacate the property by the end of the notice period. However, do note that the tenancy agreement must have afforded you the right to re-enter the premises in your specific situation.

If you doubt whether the breach/es allows you to terminate the tenancy agreement and whether you are permitted to re-enter the premises, contact us for some quick and ready advice.

In many cases, the tenant leaves without much of a fuss and either pays up and/or remedies the breaches/damage he has caused.

However, some tenants refuse to comply with your demands. That is when you may have to move on to the next step.

Commence litigation and obtain a favourable judgment

You will need to commence civil litigation in the Courts and obtain a judgment favourable to you, which in essence orders the tenant to pay you a certain sum of money for rental arrears and/or damages.

 

Depending on the breach/es in question and how much your claim is for, you may have to file your claim in either the Small Claims Tribunal ($20,000 and below), Magistrate’s Court ($60,000 and below), District Court ($250,000 and below) or the High Court (above $250,000).

The lawyers at Lions Chambers LLC can guide you and represent you throughout such litigation proceedings in Court.

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Apply for a writ of possession

After receiving a favourable judgment in your favour compelling the tenant to pay you certain sums of money, the tenant may still refuse to pay. That is when you should consider applying to the Court for a writ of possession.

A writ of possession allows you to enlist the service of the Court Sheriff to take possession of the tenant’s belongings to recover the judgment debt owed to you.

Do take note that the tenant is still allowed to contest your application or pay up the sums due before the Court grants you the writ of possession.

If you successfully obtain a writ of possession, the Court will issue a Notice of Eviction to the tenant, informing him/her of the date and time that he/she is required to vacate the premises.

Evict the Tenant

On the date and time of eviction, you must be present at your property for the execution of the writ of possession and eviction.

The Court Sheriff and/or a Court Bailiff will also attend and will enter the property by force, if necessary.

The Court Sheriff and/or the Court Bailiff shall then serve papers on the tenant, list out the items in the premises which shall be seized, and evict the tenant from the property.

How We Can Help You

If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC. 

Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.