In the first place, setup an agreement between both party when your tenant agree to rent your place
Use the hard way. Follow your tenancy agreement. example, once owner did not received rental after due date 7th of every month. The tenancy agreement is breached, owner has the right to chase this tenant away. The deposit will be refunded after compensate all outstanding issues.
I did this last Friday my own 2 sty house in Puncak jalil Sec 6. Looking for tenants now, can cobroke. interested can contact me. I am landlord cum negotiator 016 2721821 (whatsapp). tq
just attended a CPD Study course last 2 days on this topic...
1. Serve Written Notice (with AR Registered post)
2. After all notice had been served and still no further action being carried out by tenant, file a court order in the session court.
3. After court order had been obtained, you can then proceed to go to TNB to ask them to suspend the electricity supply and start making a police report
If you suspend the electricity supply without prior notice, legal action can be taken again the owner itself and nowadays, you cannot just make a police report and changed the lock thereafter.
Ronald, i have the following questions:
1. must be written notice? SMS or whatsapp is not good enough?
2. after how long then only we can file a court order?
3. how fast can we get the court order? can we file for the court order ourselves or have to appoint lawyer? have to be file to Session Court or we can file to the Tribunal?
How long is the whole process until we get the court order?
What happen if the tenant still refuse to move even with the court order??
Have experienced this with a client's property before. What we did was first, issue a termination letter citing the clause that was dishonored. Tenant still refused to pay/leave then landlord proceeded to lock the main door with a padlock and removed the fuse. Luckily landlord asked me to include that clause in the TA previously. Finally, tenant asked to forfeit all deposits and agreed to move out.
But my advise is, if tenant is the rowdy type or landlord is not confident, then a police report will do, since TA is a binding contract.
Mr Pan, replying to your question:
If the rent or any part thereof shall be in arrears for a period of 7 days after the payable period. (Tenancy agreement shall cease)
Letter of Demand (via Law Firm) to your client (not by yourself)
and they will normally send via AR Register
normally LOD would require them to settle the full sum within 7 or 14 days, should there be no fully settlement after the said date, you can get your lawyer to file a case in the court.
depending on the amount (and which court you proceed to) , normally the court order is quite fast nowadays (as they have their own KPI as well)
after court order, then can go to police station already ... and get the police to accompany you to your property.. (if the tenant is that thick skin, speechless) normally when you have the court order on hand, the next moment you notice will be they move out during mid night.
@ppnnkk2011 well if the tenant are owing you RM 800 to RM 1k i believe most would not be bothered on doing that... just serve notice and hopefully they will move out and monies will be deducted using the security deposit (if it is sufficient)
but if the person is staying in the property for more than 2 months, then probably you have no choice.
cases like the above happened to mostly "Commercial" building / Shops / Factory / Land
you have no choice but to take legal action to recovery the monies back ...
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ehh.. my godmother actually had this problem before, in a low cost apartment place. The rental is RM300/month, and this guy didn't pay for half a year. What she did was make a police report, then the police came and put the seal on the door to seal the place, then the guy begged her to open the door and that he would pay. So he did, and for a while he was paying on time until recently. He hasn't been paying in 6 months again so he's going to make a police report again.
Well, in this case is when you would have wish that your Tenancy Agreement is drafted professionally and that you have did all the necessaries to enforce the contract. Once you got everything prepared, it's easy for the lawyers to assist you.
Damages to the properties etc can be included in the agreement, hence it is important to make sure that your contract is a valid one at the first place.