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Lawyer's Corner v2, One-stop centre for any legal queries
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Urban
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Feb 8 2012, 03:09 AM
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Hi dario,
I dont know if you remember me a few month ago. I bought a property from auction. I bought a apartment property. Does he consider as trespassing after the notice i gave him to evict?He is a trouble maker in the apartment. Everyone want him out. Is there anyway to evict him without going to court?
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Urban
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Feb 9 2012, 06:12 PM
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QUOTE(dariofoo @ Feb 9 2012, 08:23 AM) Please read post #347 above. You mean evict him illegally?  QUOTE http://www.malaysianbar.org.my/conveyancing_practice/law_realty_tenancy_agreement.html
Recovery of possession
Even though there is a term of the tenancy agreement which allows the landlord to evict the tenant and/or to recover possession of the demised premises upon the nonpayment of rent, the Malaysian legal system is pro-tenant. The landlord is prohibited from evicting the tenant and/or to recover possession of the demised premises without a court order. However, even if the landlord manages to eventually evict the non-paying tenant, the landlord finds it difficult to recover unpaid rents.
Sometimes, unscrupulous tenants would suddenly leave the demised premises without informing the landlord. When the landlord breaks the lock to take possession of the demised premises, the landlord is then slapped with a civil suit claiming for an astronomical amount for the landlord’s purported “self-help”.
The current practice now is for the landlord to lodge a police report and break the lock in the presence of a police officer in order to avoid further complications. A prudent landlord would even take photos of the interior of the demised premises to ensure that the tenant would not later claim loss of properties. i am guessing there are ways to evict him legally without needing to go to court? And im aware that cutting electric and going in self help. So are they are legal way to evict him other then court?
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