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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

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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 

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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

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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

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

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

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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.

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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??

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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 :(

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

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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.

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

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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.

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

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

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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.

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

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@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... 

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@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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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. 

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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. 

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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.

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

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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?

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

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

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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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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. 

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Sometime, this is the unforsee circumstances that comes out. Make sure the black and white is written proper and let the legal take the action of it such as cutting the water / Electricity, lock the premise down.

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@James Bob... May I know what business was the tenant running while accumulate the rental until 9 months?

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@domng, warehouse for some food products :(

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@ James... if I were you, the owe more than 2 months rental... I will try to cut their water and electricity utility supply. Probably follow up with legal notice soon after that. May I know if this warehouse tenant is through real estate agent or direct deal owner?

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