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What is a Residential Tenancy Agreement?
A Residential Tenancy Agreement outlines the terms and conditions of a tenancy, including the rights and obligations of the landlord and tenant.
LawDepot’s Residential Tenancy Agreement is specific to private residential rental properties. You can use our template for various types of residential properties in Singapore, including flats, houses, condos, townhouses, rooms, and more.
A Residential Tenancy Agreement is also known as a:
- Rental agreement
- Rental contract
- Lease agreement
- Residential lease agreement
Why do I need a Residential Tenancy Agreement?
Whether you’re a landlord or a tenant, you need a Residential Tenancy Agreement to protect your rights and shield you from certain liabilities.
Most importantly, it helps you be proactive about common tenancy problems by clearly establishing the rules for the tenants living on the property (e.g., whether pets, smoking, or home businesses are allowed).
The rental agreement also clarifies who’s responsible for certain property management tasks, which is vital for establishing liability when damages occur.
Although it’s not illegal to enter a tenancy without a written agreement, it becomes difficult to prove what the agreed-upon terms were in the event of a dispute. As such, it’s much easier to enforce a written agreement than a verbal one.
How do I make a Tenancy Agreement?
Use LawDepot’s template to quickly create a standard Residential Tenancy Agreement. Simply enter your information into the questionnaire; then, print or download, sign, and execute your legally binding lease agreement.
To write a Residential Tenancy Agreement, provide the following information:
1. Tenancy details
State the date the tenancy starts, how often it renews (or when it ends), and the date of possession. The minimum rental period in Singapore is at least three months for a private residential tenancy.
2. Property details
Provide the address, parking information, and what furnishings are included (if any).
3. Landlord and tenant details
Give the names and contact information of any and all landlords or tenants that are a party to the contract.
Note that the Urban Redevelopment Authority (URA) of Singapore mandates an occupancy cap of six unrelated persons per property.
4. Rent payments
Establish the rent amount, how often the tenant must pay, and the acceptable forms of payment.
5. Property usage
Specify whether the landlord allows pets, smoking, or home businesses. You can also specify whether the tenant is allowed to make upgrades to the property.
6. Utility and maintenance responsibilities
State who is responsible for utilities (such as water, gas, and electricity) and property maintenance (for things such as fixtures, pathways, and gardens).
7. Additional clauses
You can use this optional section of the template to include terms that specify the next steps if:
- Rent is unpaid
- Utilities are unpaid (either by the tenant or landlord)
- Property damage occurs during the tenancy
- The property needs repairs
- A breach of the lease occurs (either by the tenant or landlord)
Do all tenants need to be on the Residential Tenancy Agreement?
Yes, you must include all tenants on the Tenancy Agreement.
Tenants are the individuals who sign the lease agreement and are bound to the contract’s terms. So, if their name is on the agreement, they are responsible for paying rent and upholding the terms of the tenancy.
The Residential Tenancy Agreement is between tenants and the landlord only. However, it’s a good idea to list any occupants in your Tenancy Agreement. An occupant is an individual who lives on the property with the landlord’s permission. Occupants can be both adults and minor children.
An occupant does not have the same rights and obligations as a tenant. For instance, an occupant doesn’t legally have to pay rent or contribute to a damage deposit, but a tenant would. Also, landlords cannot hold occupants liable for unpaid rent.
What are you responsible for when you sign a rental agreement?
Your Residential Tenancy Agreement clearly outlines the responsibilities of both the tenant and landlord. Once you sign the agreement, you are legally bound to your tenant or landlord obligations.
Tenant responsibilities
In general, tenants are responsible for:
- Paying rent and other tenancy fees: The lease should specify when rent is due and what the acceptable forms of payment are (such as cash, cheque, or electronic transfer). Tenants may also be responsible for paying utilities, a security deposit, and stamp duty.
- Maintaining the condition of the property: Tenants should try to keep the property in the same condition as when they first moved in. This means they shouldn’t keep pets or smoke on the property if prohibited by the tenancy agreement. If the tenant causes damage (beyond normal wear and tear), they’re typically responsible for paying for the repairs unless otherwise stated in the lease.
- Communicating with the landlord: The tenant should give the landlord proper notice for any important communications about the property or lease agreement. For example, the property may need major repairs that are outside the tenant's scope of duty. If a major appliance such as a water heater breaks down, the tenant should tell the landlord right away.
Landlord responsibilities
Typically, landlords are responsible for:
- Providing a safe and comfortable living space: Landlords should ensure that the property meets all building codes and regulations. In some cases, this may mean improving the energy efficiency of the building or ensuring the accessibility of emergency exits. The tenancy agreement may also outline regular property maintenance that the landlord takes care of.
- Giving proper, written notice to tenants: Landlords will typically respect a tenant’s quiet and peaceful enjoyment of the property. As such, a landlord should give adequate notice if they need to enter the property, increase the rent, notify the tenant of a breach in terms, or end the tenancy.
- Following regulations for renting property: As previously mentioned, landlords must abide by regulations set out by the URA. This includes occupancy limits and a three-month minimum rental term.
How do I pay stamp duty for my Residential Tenancy Agreement?
Tenants must pay stamp duty (a tax on tenancy agreements) within 14 days of signing the contract in Singapore.
When signing a document electronically, it counts as being signed in Singapore if:
- A person in Singapore retrieves or accesses the electronic document
- A person stores the electronic document on a device (e.g., a computer) and brings it to Singapore
- A person stores the electronic document on a computer in Singapore
If you sign the agreement outside of Singapore, you have 30 days after receiving the document to pay the tax.
Visit the Inland Revenue Authority of Singapore (IRAS) website for more information on how to calculate and pay stamp duty online or in person at a service bureau.