The Council of Estate Agencies (CEA) has a standard template which can also be found under Our Services / Consultation page.
When reviewing the contract, it is useful to check the following points :
* Ownership proof : can be purchased from inlis.gov.sg. If there are more than one Landlord, please make sure that all Landlords sign the document as acknowledgement and agreement of the contract. In cases when only one Landlord is available to sign, add a clause in the contract that the Signer is authorised by all other Landlords to sign the document on their behalf.
* Ownership proof : can be purchased from inlis.gov.sg. If there are more than one Landlord, please make sure that all Landlords sign the document as acknowledgement and agreement of the contract. In cases when only one Landlord is available to sign, add a clause in the contract that the Signer is authorised by all other Landlords to sign the document on their behalf.
* Landlord's address : this is sometimes intentionally left blank. It is important to have the address as Tenant might need to send Notice to the Landlord.
* Bank details of Landlord : if Landlord indicates the monthly payment to be paid to another person, make sure this "authorisation" is reflected clearly in the contract.
* Deposit : make sure there's a firm deadline set for the refund. It's usually set between 7-30 days. During this period, Landlord might check and raise further claims. If the key has been handed over to the Landlord, the Landlord can rectify the damages and deduct against the security deposit. Tenant is not allowed to offset the last month's rental from the security deposit.
* Minor Repair and Maintenance Clause : When a tenancy starts, the Landlord will grant the Tenant a warranty for one month. During this one month, any defects that inconvenience the Tenant will have to be fixed at full cost paid by the Landlord.
After the first month warranty period is over, the minor repair clause kicks in. This clause is established on the obligation of the Tenant to maintain the Premises. Tenant’s liability is kept at an agreed rate. This rate ranges from $150 to $500.
Assuming the washing machine broke down in the third month and the repair fee is $580. If minor repair fee is $200, the Tenant will have to fork out $200 and the remaining $380 will be borne by Landlord. Some Landlords might agree to replace the washer at $1000. In this case, Tenant will still have to pay $200 (as if it is a repair) and the remaining $800 to be paid by Landlord.
Minor repair clause does not apply if the defect is due to the negligence of the Tenant.
We recommend to set a deadline for Landlord to fix the defects upon notification.
* Air conditioner clause : Please check if the air conditioning system maintenance fee is to be borne by the Landlord or by the Tenant. Most Landlords will agree that repairs of air-conditioners (AC) do not fall into the minor repair category. Instead, if the Tenant has evidence of regular maintenance of the AC by a qualified contractor, then any repairs or replacement cost of the AC system shall be borne by the Landlord. Please confirm the parties' obligation on gas-topping, chemical cleaning and maintenance of external compressor unit.
* Viewing for prospective buyers : ensure that any prospective sale should be subjected to this Tenancy so that Tenant can continue to lease till the expiry of the contract. If Landlord insists that is should be sold vacant, then Tenant will need be required to vacate when the Premises is sold.
* Pet clause : if Tenant intends to have a pet, this clause must be added to prevent a breach of the contract.
* Diplomatic clause : this is a legit early termination clause for Tenant, in the event of departing Singapore for relocation, change of employer etc. Proof of cancellation of visa is required. Discuss the minimum occupation period required before Tenant is allowed to invoke this clause. For a two year lease, the standard period is 12 months' occupation. This is followed by a two months' notice period. So it is sometimes expressed as 12+2. Rental payment / compensation to the Landlord is not required as long as the minimum occupation period and the notice period are fulfilled.
* Reimbursement of commission : when an early termination happens, as a penalty, Tenant will be required to reimburse the Landlord the commission which he has paid to his real estate agent, based on the remaining unfulfilled period of the Tenancy. You can include proof of payment .
* Professional house and curtain cleaning proof : if this clause is required, make sure that the Tenant gets the proof at the start of the Tenancy so that when he vacates, he can do the same at the end of the Tenancy.
* Hanging of pictures and paintings : patching of holes will be required. Discuss if touch up painting is sufficient or whole wall reinstatement is required.
* Arbitration clause : avoid this clause as it prevents both Parties from filing the dispute in the Small Claims Court.
* Renewal clause : the Tenant might want to negotiate for a shorter diplomatic clause upon renewal but this should be included from the first lease so that Tenant does not need to negotiate again upon renewal.
* Others : Landlord might consider including the following clauses :
No Smoking
No PMD (Personal Mobility Devices) which can catch fire and cause potential damage to the policy
Not allowed to operate Air BnB in the Premises.
Finally real estate salespersons are not Parties to the Tenancy Agreement and hence not liable for any potential disputes that might arise. Landlords and Tenants should seek professional assistance in drafting the contract and translating the document to a foreign language. Please read, negotiate and understand the contract before signing on the dotted line.
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