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 Tenant not paying anything

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TSjasonhor
post Jan 18 2016, 04:24 PM, updated 10y ago

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I rented a fully furnished house to a sarawakian couple 2 weeks ago. They insist to pay the first payment by cheque, giving me a lot reason/excuse. i didn't think too much and choose to accept it.

All the renting process proceed just like normal, I got his IC copy, signed tenancy agreement, etc.

On Tuesday, the cheque has been rejected by Bank. And he said accidentally cancel.
He promised to settled by cash in Friday, again. Break the promise.
On Friday, he keep saying this Monday morning for sure the money will be ready. As usual, no news.

Until now, I don't even get a single cent.

I planned to get a locksmith to enter the house tonight. Isn't ok for me to do so?
Kindly advise what can i do now. Or any better suggestion.

lingleeyen
post Jan 18 2016, 04:28 PM

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You have deposit right? After the deposit term ends, change lock. Add lock. Report police saying none of the rental is paid.
jmas
post Jan 18 2016, 04:28 PM

I can edit title???
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Make police report, consult lawyer.
penalcode
post Jan 18 2016, 04:29 PM

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what does your tenant's actions tells you?
TSjasonhor
post Jan 18 2016, 04:32 PM

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QUOTE(lingleeyen @ Jan 18 2016, 04:28 PM)
You have deposit right? After the deposit term ends, change lock. Add lock. Report police saying none of the rental is paid.
*
Thats the worst part. I didnt get any cent until now. They are keep delaying my first payment.
squall8985
post Jan 18 2016, 04:33 PM

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Parking for reference.
Something to learn here.
TSjasonhor
post Jan 18 2016, 04:34 PM

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QUOTE(penalcode @ Jan 18 2016, 04:29 PM)
what does your tenant's actions tells you?
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i felt like he is a cheater.

Even he can pay me cash now I also dont want to continue with him anymore. Being fool so many times.

Thats why i need a professional advise on what are the action i can take.

This post has been edited by jasonhor: Jan 18 2016, 04:35 PM
Dennos
post Jan 18 2016, 04:39 PM

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Put a notice, u will lock the door within 7 working days
penalcode
post Jan 18 2016, 04:41 PM

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get a lawyer to write a notice of demand to your tenant...don't wait...
its not easy if you wait any longer...
the laws of tenancy favors the tenant as he already occupies your property.
How much was the rental and deposits owed?
what was the agreed tenancy period?
Letter of demand also must state that the legal cost shall be borne by tenant.


Lazarus7181
post Jan 18 2016, 04:43 PM

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QUOTE(jasonhor @ Jan 18 2016, 04:32 PM)
Thats the worst part. I didnt get any cent until now. They are keep delaying my first payment.
*
I've have experienced the same issue as yours before and somehow, it is really complicated.

For your case, did you visit your unit and check if they are there? Also, getting the locksmith to change the door lock will only further damage yourself. Why?

In our malaysia law between landlord and tenant, if you did not seek tenant consent either verbally or in written form, any attempt to cut off electricity or water, change the door lock or even access to your own unit, they can prosecuted you in court whereby they can create a story whereby their gold bar in your unit is lost due to your break in.

Also, making a police statement will not help you now.

The only thing you can do is, you make a notice which you will stick it on the door stated that you are going to stop this unit tenancy for a period of time. When you place on it, take a picture with someone as your witness and the date. After the mentioned period of time when the tenant still not returning your key and move out, you can make a police report.

With the police report, if I'm not mistaken, you will need to ask them to accompany you and "break" into your own unit.

I still remembered a link which provide a very subtle information on what you can do and what you can't do.

This is a similar info that I've found, there is another one which much more detail.

http://legal-malaysia.blogspot.my/2009/11/...f-landlord.html


MeToo
post Jan 18 2016, 04:43 PM

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Is there any tenancy agreement?

He didnt pay you a single cent....

U sure your furniture still all there? He probably come with a lorry at night and sapu all..
lingleeyen
post Jan 18 2016, 04:43 PM

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QUOTE(jasonhor @ Jan 18 2016, 04:32 PM)
Thats the worst part. I didnt get any cent until now. They are keep delaying my first payment.
*
You no collect deposit of 2 months? Once 2 months is over without any money, change lock, add locks. Report police. Don't harass them now, just continue chasing for the rent. If they mengamuk they destroy your house.
Spizzix
post Jan 18 2016, 04:45 PM

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QUOTE(squall8985 @ Jan 18 2016, 04:33 PM)
Parking for reference.
Something to learn here.
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Parking also... with the same reason
sheahann
post Jan 18 2016, 04:48 PM

Crashing like a tidal wave..
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go to do police report first.. at least you reported in case the not-so legal tenant use ur house for drug hub. nanti kena serbu u also kena .. masuk jail makan curry and drop the soap
TSjasonhor
post Jan 18 2016, 04:49 PM

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QUOTE(penalcode @ Jan 18 2016, 04:41 PM)
get a lawyer to write a notice of demand to your tenant...don't wait...
its not easy if you wait any longer...
the laws of tenancy favors the tenant as he already occupies your property.
How much was the rental and deposits owed?
what was the agreed tenancy period?
Letter of demand also must state that the legal cost shall be borne by tenant.
*
Thanks for the advise.
About 6K. Tenancy period of 1 year.

TSjasonhor
post Jan 18 2016, 04:50 PM

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QUOTE(sheahann @ Jan 18 2016, 04:48 PM)
go to do police report first.. at least you reported in case the not-so legal tenant use ur house for drug hub. nanti kena serbu u also kena .. masuk jail makan curry and drop the soap
*
Thanks for advise. will made police report first before going.
otua
post Jan 18 2016, 04:52 PM

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without deposit and any payment also agreement, maybe you can make a police report
sheahann
post Jan 18 2016, 04:54 PM

Crashing like a tidal wave..
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From: i-city

QUOTE(otua @ Jan 18 2016, 04:52 PM)
without deposit and any payment also agreement, maybe you can make a police report
*
even with agreement and deposit.. if sense somthing wrong.. report police to cover ur own ass first... thumbup.gif
TSjasonhor
post Jan 18 2016, 05:28 PM

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QUOTE(Lazarus7181 @ Jan 18 2016, 04:43 PM)
I've have experienced the same issue as yours before and somehow, it is really complicated.

For your case, did you visit your unit and check if they are there? Also, getting the locksmith to change the door lock will only further damage yourself. Why?

In our malaysia law between landlord and tenant, if you did not seek tenant consent either verbally or in written form, any attempt to cut off electricity or water, change the door lock or even access to your own unit, they can prosecuted you in court whereby they can create a story whereby their gold bar in your unit is lost due to your break in.

Also, making a police statement will not help you now.

The only thing you can do is, you make a notice which you will stick it on the door stated that you are going to stop this unit tenancy for a period of time. When you place on it, take a picture with someone as your witness and the date. After the mentioned period of time when the tenant still not returning your key and move out, you can make a police report.

With the police report, if I'm not mistaken, you will need to ask them to accompany you and "break" into your own unit.

I still remembered a link which provide a very subtle information on what you can do and what you can't do.

This is a similar info that I've found, there is another one which much more detail.

http://legal-malaysia.blogspot.my/2009/11/...f-landlord.html
*
truly appreciate for the professional advise.
TSjasonhor
post Jan 18 2016, 05:34 PM

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latest update: the tenant agreed to move out by 8pm.

from his response, i can tell he is a well planned to stay for free hotel.
now only hope all my furniture are in original conditions.


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