Apr 19 2010, 02:37 PM
QUOTE(lowyat888 @ Apr 16 2010, 11:37 AM)
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 o 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
I think it is reasonable that someone can't simply break into the building even the tenant have not paid the rental. 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 o 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
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
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