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.

You have deposit right? After the deposit term ends, change lock. Add lock. Report police saying none of the rental is paid.

Make police report, consult lawyer.

what does your tenant's actions tells you?

Thats the worst part. I didnt get any cent until now. They are keep delaying my first payment.

Parking for reference.
Something to learn here.

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

Put a notice, u will lock the door within 7 working days

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.

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

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..

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.

Parking also... with the same reason

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 the advise.
About 6K. Tenancy period of 1 year.

Thanks for advise. will made police report first before going.

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...

truly appreciate for the professional advise.

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.

Might be worth watching your step for a few months. IME East Malaysians are, generally speaking, a little more emotional and impulsive than West Malaysians.

be there to check....

Check everything after they move out, hope they didn't left any dead body under your house

6pm will proceed to lodge police report. and then will go check my house.

I was wondering, did your unit electricity and water supply under new tenant or you? On land house, it will be best to let them register by using their name especially electricity. My previous tenant owed RM2.5k, a lot of dispute and excuses given like my unit's air conditioner is sucking too much electricity and etc.

Until you get your keys, it's hard to hold onto their promise after several instances of holding you. Until then, good luck to you then

didnt know can change tnb name for tenant too. Will try this in future.

Surprise to read that TS let the new tenant to occupy a fully furnished unit with a single cent collected

lastest update:

tenant moved out based on promise when i reach the house. maybe he is scare of police because i did mentioned i will bring police along when i go get back my key. when i reach my house, nobody is there already. luckily all my electronic appliances and furniture still there. but, the house is really really dirty and also smelly in the kitchen.

did detail check on every single corner of the house to confirm there are no dead body left in the house. Lol.

lesson learnt. Don't ever accept cheque as payment in the future.

i really hope there will be no next victim like me from the same guy. shall i share the name here?

Cheque or cash is the same. As long as the money is with you or in your bank account, then only you pass the tenant your unit's key.

From what I know, for monthly rental, it will be best for you to go there and collect personally rather than having the it being bank into your account. The reason being is that you will a glance of what has happened to your unit and listen to their rental fee delaying excuses.

Also, if the tenant is delaying the rental fee, you will need to give them a grace period for example 1 week and after that, you will need to be prudent to tell them to move out. Nowadays, there are a lot of tenants giving different excuse and one of the best way to protect yourself is to be straight forward and no hard feeling.

Good luck for your future rental then.

^ Agree.

Though it's convenient for you need not to travel but you'll never know what is happening to your property. Take the opportunity to inspect the property while collecting the rent.

You can also ensure that the tenant is not diverting from what has been agreed upon. A lot of tenants promised that it will only be for his own stay but ended up having a group of people setting an encampment in the living hall.

A lot of property were being misused as a hub for manufacturing "drugs" simply because landlord did not bother as long as they get good money for it but try to imagine, if your property gets busted as being one, not only this will land you in a lot of trouble but also, your property will be seized for a long long time until the police finished investigating the case or worst case scenario, the DPP finished prosecuting the case.

Can you imagine the years of rental lost.

How's your issue? Solved?

Yeah.... they moved out eventually. I got back my house in original condition, except very dirty.

In future, make sure all monies are deposited before you allow tenant to move-in. In Malaysia, the law is generally bias in favour of tenants and not landlords. There are instances where the tenant sue the landlord for breach of contract even though the Tenant did not pay rental first. Yes, they rather pay lawyer also don't pay the landlord first. I did a write-up on this subject matter, you can have a look at it... am still updating it . all comments are welcomed.

https://forum.lowyat.net/index.php?act=ST&f...0#entry72593860

Share knowledge. Landlord cant simply go change padlocks upon serving notice. Its illegal. Better go proper procedures to evade the problem comes back biting your ass. or don't use the general template of tenancy agreement.

illegal-customary-practice-of-landlord-reclaiming-premise-from-tenant

This post has been edited by VOOSH: Apr 27 2016, 02:00 PM