Last Updated on December 25, 2025
The complete guide for tenants and landlords for everything you need to know about breaking lease of tenancy agreements in Singapore.
Under the law in Singapore, the minimum stay duration for leasing a private property is three consecutive months, and six months for public housing (HDB), where the most common lease period is between one to two years. During this period, the tenant and the landlord are legally bound by the terms agreed in the Tenancy Agreement (TA).
However, due to unforeseen circumstances, there could be a need for either party to break the lease. In this guide, I will share in what circumstances this may take place and the consequences of doing so. Hopefully, this will help landlords and tenants know what to do in such an event. If unsure, please feel free to reach out to me anytime.
Understanding of the Tenancy Agreement (TA)
As mentioned in my guide on common clauses found in Tenancy Agreements, the basic understanding is that although CEA and Estate Agencies such as ERA provide TA templates, ultimately, Tenancy Agreements can and often include custom clauses subject to mutual agreement between both parties. Always remember to read them carefully and make sure that you understand each clause (especially around early termination) before you sign.
A few clauses and terms in the TA which are relevant to termination are:
- Start/end date for the lease.
- Diplomatic Clause for two-year leases (often written as 12+2).
- Enbloc Sale.
- Sale of the Property.
- Default in payments (rent/maintenance).
- Extensive damage such as fire, natural disasters, etc.
- Illegal and vice activities.
- Immigration offenses.
- Occupancy offenses such as breach of occupancy cap.
- Other tenancy-related disputes.
As you can tell, there are quite a few reasons why a tenancy can be terminated abruptly. In this guide, I will try to cover as many of them as possible. I will explain it from both the tenant’s and landlord’s perspective where possible.
As a general rule of thumb, it is in all parties best interest not to commit to a legally binding agreement if either side has hidden agendas or intention to terminate prematurely.
The Diplomatic Clause
Diplomatic or early termination clauses are negotiable terms in a TA. They are commonly requested by expatriates on 24‑month leases (for example, a 12+2 structure that allows notice after the first 12 months with two months’ notice), but they are not legally restricted to foreigners. The clause typically applies when a tenant’s job is transferred out of Singapore and usually requires documentary proof from the employer’s HR.
En bloc Sale
A collective sale, or en bloc, is a sale of two or more units to a single common purchaser, often the entire development. Older developments may have a higher chance of en bloc, especially when there is strong redevelopment potential.
There is no statutory notice period for tenancies in an en bloc situation. Many TAs include an “en bloc clause” (commonly around three months’ notice) that permits early termination by the landlord if a collective sale succeeds. Without such a clause, the lease typically continues “subject to tenancy” until expiry, or parties may negotiate compensation and a handover date.
Sale of the property
Should your landlord be looking to sell their property, you will likely be from the first few to know as they will ask you to accommodate potential buyers for viewings. When it comes to the TA, a clause on this will likely appear even when the tenancy started, the owners had no intention to sell.
When this clause is included, it will state the notice period (often two months) and whether the property is to be sold with the tenancy or vacant. “Sold with tenancy” generally means the buyer steps into the landlord’s shoes and must honour the existing TA; “vacant possession” means you may be required to vacate if the TA allows for it.
Tip: Read and pay attention to such a clause to understand exactly what you agree to. Although the most common practice is to sell with tenancy, there are many variations to it. Remember, people’s plans change, and it’s the owner’s legal right to sell their property should they wish to do so.
Default in payments
If tenants are late in paying rent according to the TA and the dispute cannot be resolved, landlords may commence legal proceedings for possession. In Singapore, landlords must first obtain an order for possession and then file a Writ of Possession. The Sheriff or Bailiffs will serve a Notice of Eviction stating the date and time to vacate; there is no fixed four‑week grace period by default.
On the other end, if the landlord fails to pay the maintenance fees to the MCST in some serious cases and as a last resort, the MCST can force the sale of the property to cover any unpaid fees, interest, and penalties incurred.
Illegal and vice activities
Tenants are advised to comply with their tenancy agreement and only permit authorized occupiers (as listed in their tenancy agreement) to reside at the premises to ensure that their rented premises are not being misused for any illegal activities.
Landlords and/or the agent are advised to conduct due diligence checks for the identification documents, job(s), and place(s) of employment of the would-be tenant(s). If caught in such a situation, the tenancy will be terminated, and criminal charges will likely be imposed.
Immigration offenses
Harboring illegal immigrants and overstaying your visa are all criminal offenses that carry fines, jail terms, or both. If you are found to have given shelter to an immigration offender, you will be presumed to have done so recklessly or negligently unless you can prove the contrary. If you let others stay in your house, please remember to perform due diligence and that they are permitted to stay in Singapore.
Occupancy offenses
The standard occupancy cap is six unrelated persons per residential property. Temporarily, from 22 January 2024 to 31 December 2026, 4‑room and larger HDB flats and private homes that are at least 90 sqm may house up to eight unrelated persons, with prior approval or registration as required. For all other properties, the cap remains six.
Note that HDB has its own rules by flat type and requires approval before renting out; the minimum rental is six months, maximum per approval is generally three years (two years if any tenant is a non‑Malaysian non‑citizen), and the Non‑Citizen Quota applies to whole‑flat rentals. Separate HDB limits also cap total occupants by flat type. Always ensure the TA lists permitted tenants and occupiers, and that you comply with any HDB or URA requirements.
If found to be in breach of the occupancy cap, this will likely lead to the immediate termination of your lease and legal actions to follow suit.
Other tenancy-related disputes
One common scenario relates to tenancies, where the tenants and landlords share the same roof. This is more frequent in-room, dual-key rentals where the proximity to one another can lead to higher friction and disputes.
If you don’t get along with each other for whatever reasons, this alone is not grounds for breaking the lease early legally. Alternative ways to resolve such disputes must be based on mutual agreement. If such agreements can’t be reached, no one side will take action without facing the legal and financial consequences of their actions.
Ending a Tenancy Agreement early / Breaking Lease
Whether you’re a tenant or landlord, do your best to be civil about this process and try to relate to each other’s situation. When things are done with emotional charge and disrespect, it will only worsen the situation.
Do take note that breaking of lease is not something that happens out of the blue as the TA will stipulate conditions and notice periods for when such events can occur. If you ended up being thrown/locked out of your apartment without any notice, you should likely alert the authorities to assist you.
Security Deposit
In Singapore, the common practice is for the Landlord to retain one month’s worth of rent for every year of tenancy. This is known as the security deposit, and it is usually collected when the TA is signed and/or before the actual move-in date.
One mechanism and likely the first line of defense to deter tenants from early termination is the risk of the security deposit being forfeited by the Landlord.
The deposit might also be used to offset against damages caused by the tenant if the property wasn’t returned in a similar condition as received at the beginning of the lease. Given the high price of properties in Singapore and high labor/material costs, it is often not enough to cover everything, depending on the extent of the damage.
Balance Lease
Some agreements go to the extent of specifically stating that upon early termination, any unused balance of the lease should be paid, as well as the security deposit forfeited. Such conditions are often harder to impose as they involve larger sums and the help of the courts to retrieve, especially with foreigners who might have already left the country.
Lease Takeover
A lease takeover occurs when a new tenant takes over the remaining term of a departing tenant’s lease with the landlord’s approval.
To tenants, the concept of lease takeover may sound like a viable option vs. losing their deposit and having other financial penalties imposed due to early termination. Still, the process of finding someone to take over your lease is often a lot more complicated, risky, and potentially costly affair.
To Landlord, it may serve as a good opportunity to avoid re-marketing costs such as agent commission and any downtime (the property remaining vacant) to get a continuation in rental income.
To the new incoming tenant, they may inherit problems or difficult landlords to deal with as normally exiting tenants will tend to sugarcoat and cover up on bad situations not to scare incoming tenants from proceeding. If no agent is involved, the handover process may lack certain due diligence checks, which can land all involved parties in trouble.
Tip: Common rental scams today involve fake listings and scammers impersonating property agents to request deposits before viewings or TA signing. Always verify an agent’s registration and never pay viewing deposits.
Agent Commission
When landlords engage the service of Real Estate agents in the marketing and handling of rental transactions, the service fee is not fixed by law. Commissions are market-determined and negotiable. Agents are to collect commission only from the party they represent (dual representation is not allowed). If a landlord’s agent asks a tenant for commission, that is improper; however, if you engaged your own agent and agreed on a fee, you remain liable to your agent under that agreement. Many TAs also include a reimbursement clause requiring tenants who terminate early to reimburse the landlord for a pro‑rated share of the landlord’s marketing commission.
Other Obligations
All other obligations agreed in the TA under normal conditions will still apply in the event of early termination. Things like Air con maintenance, dry cleaning of the curtains, a deep cleaning (known as professional cleaning), and closing and paying off your utility account (water, gas, electricity) all will be required subject to what was stated and agreed.
As a tenant, please do not leave your accounts in a state of arrears, as it may lead to legal action by creditors and further increase your financial penalties beyond the tenancy itself.
Summary
The above article reflects my experience, opinions, thorough research, and adherence to common practices. If you find it valuable, that’s fantastic. However, if you come across any errors, I appreciate your feedback.
As you can tell, breaking lease is a sensitive and highly complicated topic. It is highly recommended to seek peaceful resolutions for disputes, exhausting other options like courts and law enforcement as a last resort. If you have any inquiries, please don’t hesitate to contact me or consult a qualified legal professional.
Lastly, take note. The police don’t get involved in tenancy disputes unless a crime is committed. If you’re being threatened by such actions or considering such a route, you may be disappointed to find out they can’t take any action.
FAQs on Breaking Lease in Singapore
Can I break my lease if my company transfers me?
Only if your TA includes an early termination/diplomatic clause and you meet its conditions (for example, a minimum stay and providing HR proof), or if your landlord agrees in writing to a surrender. Otherwise, you may face deposit forfeiture and other costs stated in the TA.
What happens in an en bloc without a clause?
Without an en bloc clause, the tenancy generally continues subject to tenancy until expiry. Any early handover and compensation would be by mutual agreement.
Who pays agent commission in a break‑lease?
Commission is negotiable. Each agent should collect from their own client only. If your TA contains a reimbursement clause, you may need to reimburse the landlord for a pro‑rated share of the landlord’s marketing commission when you terminate early.
What is the legal eviction process?
The landlord must obtain an order for possession and then a Writ of Possession. The Sheriff/Bailiffs will issue a Notice of Eviction stating the date and time to vacate. There is no automatic four‑week grace period.
What is the current occupancy cap?
Six unrelated persons is the default cap. Temporarily, through 31 December 2026, eligible larger HDB flats and private homes (≥90 sqm) may house up to eight unrelated persons with approval or registration; HDB also applies flat‑type‑specific limits and approval requirements.
