Tenant
P  2c3e50 small

Delay in paying rental every month, never pay in full. Did not pay TNB bill also. How to chase the tenant out in a legal way?  

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In the first place, setup an agreement between both party when your tenant agree to rent your place

P  2c3e50 small

Agreement doesn't work with this kind of people... they signed but don't bother with all the terms

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if this kind of people don't care, well yah, maybe you can use not so legal way lurhh  >.< I think nowaday many people facing this kind of problem, asshole ppl 

Property namecard small

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

P  2c3e50 small

The question is how to chase if they refuse to move out?

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Try visit them every night and day ;)... if that fails, bring along few of your gud frens....top up with those uniform frens better still

Chiayin low small

If needed, u can try also to cut off electricity n water supply after lodging a police report

A  8e44ad small

i have encounter many cases.. lots of them not pay promptly and many foreigner asked their friend to continue the agreement without owners knowledge.

Prop hunter small

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.

P  2c3e50 small

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??

James bond craig junio2006 small

I used to have a tenant who didn't pay rental for my shoplot for 8 months! Until I send him a legal notice, he trashed the place so badly and then left. Nightmare!!! Spent quite some amount to refurbished again.

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Because of the fear that tenant damage the place many owners rather they lost rent and ask tenant to leave without paying up :(

P  2c3e50 small

the law seems to be on the tenants side... poor land lord

J  7f8c8d small

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.

P  2c3e50 small

I heard the police is not going to entertain this kind of report anymore.

Property namecard small

yes correct if you report said tenant is not paying rent. But if you report that suspect tenants doing illegal act in your house,this is another story. police will act (forcibly invaded you house without permission consider illegal action)



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Issue legal notice (through your lawyer) to the tenant and if they do not pay the bills within a given time frame, you have the rights to chase them out of your property or take them to court. But most owners would not want to do that due to the amount of legal fees you have to pay and hassle.

P  2c3e50 small

threaten to go to his office and humiliate the tenant, do u think it will work? it is not illegal right?

Prop hunter small

@ppnnkk2011 legal action can be taken against anybody that is "threatening any individual" with supporting proof.

Prop hunter small

@ppnnkk2011

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.

P  2c3e50 small

Ronald. it is a long and costly process...

Prop hunter small

@ppnnkk2011 there are a few case i saw with my own eyes, the owner went to make a police report then enter the house and stick the police report on the door / glass door (photocopy) 

then immediately the next day the tenant move out during 2 to 3am in the morning... 


Prop hunter small

@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 ... 

P  2c3e50 small

You are right, if the amount is small not worthwhile to go to that extend. Key is to make sure the outstanding amount doesn't go too big... take action early if tenant delays payment. 

S  16a085 small

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Yea, actually most owners (especially Malaysians) can't be bothered to take legal action, because the legal fees cost a bomb. Probably even more than what they can claim back from the tenant. 

Property namecard small

Take the opportunity cost, you may go for arbitration. File a complaint and hire a arbitrator @ KLRCA.org. the charges is cheaper compare paying a lawyer. Once you 'WIN', you may also request to get all compensation from your tenants including the fees to engage an arbitrator.

P  2c3e50 small

Have anyone tried arbitration for cases like that?? Does it work? How long is the process? Pls share info if any..

Prop hunter small

For a dispute amount of RM 5000 with 1 Arbitrator(s)

the Arbitrator's Fee is MYR 9,200 and Administrative Fee is MYR 5,500 excluding 6% GST

Again, whether you can really recover these whole amount is still a myth, as the defaulter cant even repay your monthly rental + utility bill in the first place.

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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.

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Very good policemen your grandma got, which balai may I know?

Kate chew small

I didn't know policemen can do that. Are you sure it's the rightful way?

P  2c3e50 small

Sometimes policemen do things that they are not allowed to do....

Prop hunter small

well i always joke around telling people that they are the largest street gang in the world... 

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scary ...at the end of the day who is "soldier" and "thief"

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Lizzy, ur grandmother has good relations with the police officers? LOL

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