Beware the property trap, Chong tells owners

KUALA LUMPUR: Do not break into your own property even if your tenant fails to pay the rent. It could be a trap.

This was the warning given by MCA Public Services and Complaints Department head Datuk Michael Chong to landlords who were thinking of doing this to reclaim their property.

Chong said any move by a landlord to break into the property, even when the tenant failed to pay the rent, was against the law.

He said many landlords had been brought to court by tenants for breaking into their properties and were sued for the loss of their tenants’ assets including cash.

“This could be a trap laid by tenants who are looking for easy cash. They could be conmen,” Chong told a press conference at his office in Wisma MCA here yesterday.

In the past three months, three such claims were made by tenants – all of them Malaysians – against their landlords.

Their claims amounted to a total of RM117,000 in cash and assets.

During the same period, he said he received 12 complaints of tenants who failed to pay a total of RM57,000 in rent.

Lawyer Leong Pak Yiew, who is a member of the department, advised landlords facing this problem to file for a distress order at a court.

“Under this order, landlords will be able to legally seize the premises and the tenant’s rent will be recovered through auctioning all assets found within it,” he said.

However, this process could take up to two months and might be costly in terms of legal and court fees.

http://www.thestar.com.my/news/story.asp?f...7010&sec=nation

so if tenant dun pay rent..just leave it izzit? owner cant do anything? Our Law are sxxx

i think you can add additional padlocks to the doors / grills or when you are actually gona break in, report to police first and have police escorts perhaps as they can be your witness or some sort

but police wont enter the house either...becoz police not right to enter a house without warrant..so is useless too..
better is discontinued TNB and syabas directly..then put padlock...baru ask police to go with u..Force tenant to move out.

that's why i never thought of renting my space, even though i have the space.....

Btw, can we put a clause in the tenancy agreement if the tenant dont pay the rental up to certain months we have the right to break into the property and ask the tenant to put their signature before they can move in?

if we really put a clear in the contract.. most of the people forget to renew their tenancy contract after the first one expired..

if without tenant..is better for landlord to do action....landlord can say the tenant break in to landlord house,then landlord can show S&P, then sue back tenant for break in ppl house

You going to get into big trouble by adding those locks.

The best way is actually cutting off the utility.
If it's in a apartment, even better.
Cut off the access card.

I don't think it is allowable to do so.
As any contract clause that clash with common law or existing law/regulation/rules, then it is deem void.

Below are some example one can do so within the contract clause.

for condo/apartment case:

what if the tenant pay management fee and water bill?...so they still can stay all time long??
1malaysia rules really cant help?

out of topic.. but just think to ponder..

this is a real story happen few years back..

i was in the KTM komuter from rawang to KL.. somewhere in sungai buloh/ kepong, one of the staff noticed about this pick pocket start to make a move.. as he move slowly then this ktmb staff caught him.

guess what.. he was relaesed once arrived at the station ..

why.. he only caught right handed in attemp to pick pocket.. but no evidence found as he still not pick the wallet..


now, he ask the staff to apologize

moral of the story.. even a thief break into your house.. u need to ask them to leave your house properly.. if you kick and stab the thief, by the en, u are the one who get arrested..



This post has been edited by ganz: Apr 19 2010, 12:18 AM

This is 1 Malaysia rule...

I think it is reasonable that someone can't simply break into the building even the tenant have not paid the rental.
Huah, imagine if that is legalize, what privacy would you have. Like hotel the hotel management break into your room that kind of situation.

The only way is through lawyer which is to file for a distress order at a court. Adding padlock etc would add fuel to the fire like they would damage your property etc.

That is why, always get the extra one - three months advanced rental while signing the rental agreement. So, when reach the month they have not pay up the rent, immediately take action like issuing lawyer letter. No need to drag already. So, you would have one - three months time to tackle this issue. I think if you have 3 month rental buffer, you would have backup money for all the cost incur for the chasing the tenant. I think another problem common to people is that they are lenient of letting tenant to drag on rental payment until utilizing the advanced rental payment. The advanced rental payment is to protect the owner, not for compensate tenant delay. If this kind of thing happen like they refuse to pay rental, who is susah later.

I think you can ask for more advanced

I had an experience of tenant not paying rent, went missing, couldn't be contacted, and with some of his belonging still in the house...

If you were me, what would you do?

erm, our law aren't that sucky really. If you get a good lawyer to draft your tenancy agreement, you can include various clauses to protect your rights as the land owner. There are many ways you go compel a tenant to pay up. Like charging late payment interest, or right to terminate the tenancy or maybe disrupt the utilities.

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Added on April 20, 2010, 4:27 pmif i were you, i would have commenced legal action. Enter judgment against your tenant for defaulting rental payment and also vacant possession of your land. Get the necessary forms and get a court's officer to enter the place, seize the tenant's belongings and sell it to satisfy the outstanding rental. (of course, there are certain items that are not seizable).

This post has been edited by Zaypher: Apr 20 2010, 04:27 PM

now.. is that some sort of troublesome..

had to endure the legal process in which lot of people know.. it really pain in the $$..

the process won't finish in one day..