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 Lawyers Corner, A one-stop centre on lawyers and queries

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billytong
post Sep 20 2011, 06:56 PM

Lord Sauron
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Senior Member
4,522 posts

Joined: Jan 2003
From: Mordor, Middle Earth.


dariofoo should entitle an elite tag for all his contribution here. smile.gif

Hi Dario, I have a tenant that is very bad paymaster. He always pay up late (after 7th day, sometimes a month late), and he only pay if I actually follow up my rental collection.(if I didnt he wouldnt pay) He could drag the utility bill for a few months only to pay.(only if I follow up and make noise)

but the tenancy agreement is about to end soon in a couple of months later. Seeing it that he is such a bad paymaster he could do these.

1. Assume the deposit as the remaining rental. which I know the deposit cannot be taken as rental as said in agreement but usually lousy tenant practice this.
2. Drag a few months utility bill b4 the tenancy end.
3. The Damages of my property is unlikely to be enough to cover by deposit & he could play evil and request me to take the deposit to repair whatever the damage. With that + owning me 1 month rental(if he refuse to pay the last month) + utility bill I'm gonna lose a lot from there.

I am fear that my only 1.5 months deposit(1m rental deposit + half month utility) is too small to cover everything looking at his bad paymaster I am on the losing side, no matter how u see it.

Looking at situation like this since he is a bad paymaster *usually after 7th day, and drag utility bill. I could use his mistake bad paymaster to kick him out b4 agreement ends. *btw, is there a practice that the tenancy void if the tenant do not pay utility bill only? Can I use this utility bill against him as well?

the cons is if I ask a lawyer to notice (usually 1 month), usually mean *informing him that I no longer want him, he could easily disappear with a whole month of rental + a few months of utility bill. Who will be bear the cost for my loss rental income during this 1 month notice + lawyer fees + utility? Can I ask him to bare all these?

how will u suggest me to do to remedy this problem b4 it gets too late. I got the feeling that he will hold the payment up b4 the tenancy end *especially the utility. I just want to minimize my losses.

___________________________________________

Have anyone here heard of tenancy agreement with a penalty for rental late payment? I am tired of chasing my tenant paying my rental ontime every month.




billytong
post Sep 21 2011, 09:53 AM

Lord Sauron
*******
Senior Member
4,522 posts

Joined: Jan 2003
From: Mordor, Middle Earth.


QUOTE(dariofoo @ Sep 20 2011, 09:50 PM)
» Click to show Spoiler - click again to hide... «

*

Hi Dario, forgive me for either I have bad English or I miss something in the thread. The thread does seems to be very helpful for dealing with TNB. but I couldnt find any penalty related discussion toward tenant if she/he pay late. I do wish to impose penalty fees on any late rental utility payment, as I am getting tired of chasing rental every month, it seems having a penalty is only as good as to discourage them to pay late.

1. Could I impose a penalty fee for late payment on a new tenancy agreement? is that legal? In your own professional experience, have u seen some tenancy agreement in practice?
2. Can I put a clause that if the tenant did not pay up the utility bill, I have the right to void the tenancy agreement?

*I still have one ex-tenant that owe me almost RM2K utility, as the way I see it there is no way I could get back my money. I really hate to repeat this -.-

» Click to show Spoiler - click again to hide... «

1) In such all lawyer fees + other expenses incurred due to the 1 month notice, can I ask the court to include this on the claim as well?
2.) What about the tenant did move out during that 1 month notice. And he still owe me more than the deposit he has on me, is there anyway to claim back the remaining if he refuse to pay?

Once again I really thank you for your time and your professional advices. nod.gif

This post has been edited by billytong: Sep 21 2011, 09:56 AM

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