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 Lawyer's Corner v2, One-stop centre for any legal queries

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ultraman29
post Feb 5 2012, 09:55 AM

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hi,

can u advise the proper way to evict a tenant? assuming tenancy agmt clearly states a specific date of payment per mth, and that clause has been breached.

can we
a) lodge police report for trespassing
b) terminate the utilities/deactivate access cards
c) lock up the premise

what is also the procedure i need prior to getting a court order for eviction?

thank you!
ultraman29
post Feb 5 2012, 01:53 PM

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QUOTE(dariofoo @ Feb 5 2012, 12:45 PM)
You can lodge a police report but it is not to state that he is a trespasser. Such persons are called ''tenants holding over" and not trespasser. A trespasser is one who never had permission to be in the premises, for example a drug addict who breaks into an empty unit and occupies it.

Basically you need to serve a one-month's notice of eviction to that person. Once that is done and he does not move out, you go to Court and get an eviction order. The bailiff will assist you to execute the order and evict the tenant.

That would be the legal way to do it.

You cannot, in any circumstances:
a) Cut off utilities; or
b) Lock up the premises

as those actions are deemed to be self-help which is not allowed in Malaysia. You can be sued by the tenant. The fact that he owes you rental is different and he has a right to claim damages from you if he suffers any loss as a result of your actions.

A lot of landlord opt to use those methods to force the tenant to move out, but if you're lucky and the tenant obliges, then all is good and you save time and money. However, it can backfire on you. In version 1 of this thread I shared a real life example of a tenant who counter-sued a landlord who terminated the utilities of a house due to non-payment of rent. The tenant also managed to get an injunction against the landlord to compel the landlord to re-connect the utilities. The landlord also had to pay costs to the tenant. Of course, the landlord was not deprived of his right to claim for double-rental as the tenant was holding over even after notice was served on him, but the injunction allowed the tenant to continue to be in the premises until the suit to determine if the landlord has to pay any damages has been heard and disposed off. In the end, parties reached a settlement whereby the tenant moved out and the landlord had to waive almost all of the outstanding rental and the landlord had to pay a bit of costs to the tenant.

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thank you for your reply. what is the use of a police report then? what if there is a clause which mentions that the tenant is in breach of the tenancy and is then a trespasser? would that help?

for the utilities, would it also help if say we hv a clause which authorises the landlord to cut off the utilities in the event of non payment of rental? would this gv the landlord the right? notworthy.gif


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