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 What to do when tenant refused to handover key?, ... after terminating tenancy agreement

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TSmr rocko
post Jul 10 2010, 03:54 PM, updated 16y ago

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Hello.

I, landlord went into a tenancy agreement with a tenant.

They took the keys, did renovation but ended up terminating the agreement. They declared that the house wasn't in tenable condition.

They want the deposit back and don't want to handover the key til they get it.

What can I do? Anybody experienced this kind of tenant from hell?
am_eniey
post Jul 10 2010, 04:55 PM

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If you are on the right side of the tenancy agreement, you can bring this matter to court of justice.
bk user
post Jul 10 2010, 06:38 PM

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Have they moved out? If they have, just change the lock. If they haven't, they they must pay rental until they move out.

Are you referring to renovation deposit or rental deposit?

How is your tenancy written? It's all depend on the agreement.
leongal
post Jul 10 2010, 06:59 PM

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QUOTE(mr rocko @ Jul 10 2010, 03:54 PM)
Hello.

I, landlord went into a tenancy agreement with a tenant.

They took the keys, did renovation but ended up terminating the agreement. They declared that the house wasn't in tenable condition.

They want the deposit back and don't want to handover the key til they get it.

What can I do? Anybody experienced this kind of tenant from hell?
*
anything mention in the agreement about terminating the agreement on deposit?
skng03
post Jul 10 2010, 07:09 PM

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QUOTE(mr rocko @ Jul 10 2010, 03:54 PM)
Hello.

I, landlord went into a tenancy agreement with a tenant.

They took the keys, did renovation but ended up terminating the agreement. They declared that the house wasn't in tenable condition.

They want the deposit back and don't want to handover the key til they get it.

What can I do? Anybody experienced this kind of tenant from hell?
*
QUOTE(am_eniey @ Jul 10 2010, 04:55 PM)
If you are on the right side of the tenancy agreement, you can bring this matter to court of justice.
*
yup, just do whatever stated in the tenancy agreement.

last month when i moved my office to new premise due to M&A, we have to paid extra 3 months rental & burning all the deposits after few round of nego. with landlord, we signed 2+2 years agreement but end up occupied there only 10 months.

TSmr rocko
post Jul 10 2010, 07:54 PM

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agreement is pretty clear that deposit burn.

the tenant says the contract is null since it is not signed in front of commissioner of oath and is not stamped by a lawyer. they said they don't have to follow the terms and conditions.

.. but of course, the statement is wrong since it only needs stamping from LHDN.

whatever it is, nego with them based on the tenancy agreement is useless cause they don't recognize it unless go court

QUOTE
Have they moved out? If they have, just change the lock. If they haven't, they they must pay rental until they move out.


they are not staying there but still have keys.

cannot lah change the lock. if they still have keys, they still have vacant possession. if we enter, then they can sue us for trespassing. I think they trying to bait us to do that. that's why they are stonewalling us, to piss us off.

haish...

This post has been edited by mr rocko: Jul 10 2010, 08:04 PM
play3r
post Jul 10 2010, 10:48 PM

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my case..the tenant installed air cond without asking permission..add electric socket points in each room also without asking permission...then suddenly the tenant ask me the landlord to pay back for all the installation fees doh.gif ...lol... of koz i never pay because stated in the agreement no renovation without landlord's permission allowed..then the tenant easily reduced the rental fee by rm100/month by themselves and refuse to move out when told so..then 2 months b4 the agreement ends the tenant ran away with all their stuffs leaving holes at the wall because of the aircond installation..head ache.. rclxub.gif


Added on July 10, 2010, 10:53 pmso i advice u to consult your case with the law if you r not sure about your position..if sure u r in win situation just bring the case to court b4 u lose more..just my 2 cents

This post has been edited by play3r: Jul 10 2010, 10:53 PM
ahmadabhamid
post Jul 11 2010, 12:17 PM

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Punch him in the nose until he drop the keys at your feet
illnessz
post Jul 11 2010, 07:17 PM

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try nego with them la.. more wiser.. friendly man to man talk...works for me... wink.gif
ch_leong
post Jul 12 2010, 10:43 AM

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Many ppl think a non-stamp agreement is not legal. This is a wrong perception. A non-stamped agreement is still legal binding to the landlord and tenant. You only get fine when you present this at court.

This post has been edited by ch_leong: Jul 12 2010, 10:44 AM
faceless
post Jul 12 2010, 11:17 AM

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QUOTE(mr rocko @ Jul 10 2010, 03:54 PM)
They took the keys, did renovation but ended up terminating the agreement. They declared that the house wasn't in tenable condition.
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Tell us what they meant by not in tenable condition. If it was cause by renovation they made sue them for damages.

 

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