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 can call police to evict tenant?

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TSDonDropUrSoap
post Jan 28 2016, 10:14 PM, updated 10y ago

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so, my frens gonna to be move to new place... they already paid their deposit to agent for the room, signed contract too.
but the previous tenant don't want to leave, still occupied the room
according to my friends' friend who is stay at that house, that tenant already not paying rent etc for months. so, the agent give my friend to sign the contract.
everytime agent or new possible tenants come, he will pretend not in the room, lock the door.

apparently agent and owner all dont have keys to the room

can my friend call the police to evict him out? and are police willing to handle report like this?

wchinwai
post Jan 28 2016, 10:24 PM

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QUOTE(DonDropUrSoap @ Jan 28 2016, 10:14 PM)
so, my frens gonna to be move to new place... they already paid their deposit to agent for the room, signed contract too.
but the previous tenant don't want to leave, still occupied the room
according to my friends' friend who is stay at that house, that tenant already not paying rent etc for months. so, the agent give my friend to sign the contract.
everytime agent or new possible tenants come, he will pretend not in the room, lock the door.

apparently agent and owner all dont have keys to the room

can my friend call the police to evict him out? and are police willing to handle report like this?
*
Why should your friend call the police. Isnt this the responsibility of the agent/owner to ensure the room is available before offering it to your friend?
They are not providing the truth.
I suggest your friend talk to the agent else report him to his company.
TSDonDropUrSoap
post Jan 28 2016, 10:39 PM

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QUOTE(wchinwai @ Jan 28 2016, 10:24 PM)
Why should your friend call the police. Isnt this the responsibility of the agent/owner to ensure the room is available before offering it to your friend?
They are not providing the truth.
I suggest your friend talk to the agent else report him to his company.
*
i think the agent think he can kick that tenant out on time so, give my friends sign contract... but end up failed
so, calling police is my friend's last option... coz they only got 1,2 days left at their old place...

friend said he will get the agent and owner to come when calling police to evict him out
wchinwai
post Jan 28 2016, 10:42 PM

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QUOTE(DonDropUrSoap @ Jan 28 2016, 10:39 PM)
i think the agent think he can kick that tenant out on time so, give my friends sign contract... but end up failed
so, calling police is my friend's last option... coz they only got 1,2 days left at their old place...

friend said he will get the agent and owner to come when calling police to evict him out
*
Your friend will be the "bad" guy then....beware of revenge.
Not sure if this is police case or what the police will do.
Good luck... should ask for discount on rental since so much hassle...haha
SUS2feidei
post Jan 28 2016, 10:43 PM

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TSDonDropUrSoap
post Jan 28 2016, 10:46 PM

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QUOTE(2feidei @ Jan 28 2016, 10:43 PM)
Cannot
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not paying rents for months is already violate the contract--still not enough violations to evict him out?
Snowy98
post Jan 28 2016, 10:48 PM

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call someone to open the locks....
TSDonDropUrSoap
post Jan 28 2016, 10:52 PM

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QUOTE(wchinwai @ Jan 28 2016, 10:42 PM)
Your friend will be the "bad" guy then....beware of revenge.
Not sure if this is police case or what the police will do.
Good luck... should ask for discount on rental since so much hassle...haha
*
i got tell him that... safety gona be a problem ltr on


sheahann
post Jan 28 2016, 10:52 PM

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lol why become ur fren responsibility ... just get the deposit back and look for elsewhere. if wanna be bad guy should go hentam the agent/owner. not the one who refuse to move..
TSDonDropUrSoap
post Jan 28 2016, 11:03 PM

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QUOTE(sheahann @ Jan 28 2016, 10:52 PM)
lol why become ur fren responsibility ... just get the deposit back and look for elsewhere. if wanna be bad guy should go hentam the agent/owner. not the one who refuse to move..
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how bout the contract? can voided for situation like this?
shaniandras2787
post Jan 29 2016, 12:10 PM

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Firstly, it's the obligation for the landlord to deliver vacant possession of the tenanted property to you. If the landlord fails, it's you against him, not you against the tenant. Go bug the landlord and if it cannot be solved, demand for the refund of all monies including compensation (if any). If he doesn't, he is basically breaching the agreement because he failed to perform his obligations towards you under the agreement.

Secondly, save your breath and time in lodging a police report because the police will not care. This is purely civil. Police wouldn't be bothered.

Thirdly, even if the tenant fails to pay rent, you cannot do anything forcefully to remove the tenant. You cannot have a locksmith to unlock the door or chase him out of the tenanted property. If you do, it's criminal. Plus, if the tenant gets ugly, he will claim that he has a million ringgit inside the property and now it's missing because you entered the property. You need a court order to remove him legally.

Sorry but this is your only option.
cognac
post Jan 29 2016, 02:52 PM

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QUOTE(shaniandras2787 @ Jan 29 2016, 12:10 PM)
Firstly, it's the obligation for the landlord to deliver vacant possession of the tenanted property to you. If the landlord fails, it's you against him, not you against the tenant. Go bug the landlord and if it cannot be solved, demand for the refund of all monies including compensation (if any). If he doesn't, he is basically breaching the agreement because he failed to perform his obligations towards you under the agreement.

Secondly, save your breath and time in lodging a police report because the police will not care. This is purely civil. Police wouldn't be bothered.

Thirdly, even if the tenant fails to pay rent, you cannot do anything forcefully to remove the tenant. You cannot have a locksmith to unlock the door or chase him out of the tenanted property. If you do, it's criminal. Plus, if the tenant gets ugly, he will claim that he has a million ringgit inside the property and now it's missing because you entered the property. You need a court order to remove him legally.

Sorry but this is your only option.
*
such a long literature.....conclusion to TS, cannot do anything? just press landlord?

Lazarus7181
post Jan 29 2016, 02:59 PM

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QUOTE(shaniandras2787 @ Jan 29 2016, 12:10 PM)
Firstly, it's the obligation for the landlord to deliver vacant possession of the tenanted property to you. If the landlord fails, it's you against him, not you against the tenant. Go bug the landlord and if it cannot be solved, demand for the refund of all monies including compensation (if any). If he doesn't, he is basically breaching the agreement because he failed to perform his obligations towards you under the agreement.

Secondly, save your breath and time in lodging a police report because the police will not care. This is purely civil. Police wouldn't be bothered.

Thirdly, even if the tenant fails to pay rent, you cannot do anything forcefully to remove the tenant. You cannot have a locksmith to unlock the door or chase him out of the tenanted property. If you do, it's criminal. Plus, if the tenant gets ugly, he will claim that he has a million ringgit inside the property and now it's missing because you entered the property. You need a court order to remove him legally.

Sorry but this is your only option.
*
I fully agreed with shaniandras on all three statements.

I've experienced such issue and landlord will need to do his job not your friend.

If the tenant failed to pay up, landlord will need to put up a notice for a week on a specific date. There will be a lot of paperworks to be done before going to court to get a court order to remove him with police guidance.

As for now, you need to tell your friend to stay out of this and get his money back if this particular issue is not resolved.
shaniandras2787
post Jan 29 2016, 05:17 PM

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QUOTE(cognac @ Jan 29 2016, 02:52 PM)
such a long literature.....conclusion to TS, cannot do anything? just press landlord?
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the long literature is required otherwise TS will never know why he can't do certain things. now that he knows the reason behind it, he can make sense of it and take the proper measures to tackle the predicament he is currently in.
panda-man
post Jan 29 2016, 05:22 PM

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you cant do anything. just get your friend to push the agent and get the money back. doesnt seem like a fast process.

that tenant got nothing to do with your friend. its problem for landlord. he need to do the report, which then works as a notice. and then if still nothing get court order or something and then police will come to open the door so that can prove nothing missing etc. or something like that. but actually its pretty useless. one fkr rent my parents home still owes us like 25k. trying to press charges for the money but seems going nowhere. bleh....
SUS2feidei
post Jan 29 2016, 10:28 PM

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QUOTE(DonDropUrSoap @ Jan 28 2016, 10:46 PM)
not paying rents for months is already violate the contract--still not enough violations to evict him out?
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Violate contract =/= violate the law mean no criminal element (unless he start damage your property, etc)
Violate contract = breach the contract mean you can take legal or civil action

Please check with lawyer first before you do any drastic steps, else, you may get sue back
sishouse2
post Jan 30 2016, 05:10 PM

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Tell the landlord to cut the electricity and water smile.gif that "cockroach" will move out by itselves

This post has been edited by sishouse2: Jan 30 2016, 05:10 PM
juicyliana
post Feb 1 2016, 10:52 AM

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easiest way out is to ask for refund and look else where.

there are many vacant rooms outside.
shaniandras2787
post Feb 1 2016, 05:18 PM

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QUOTE(sishouse2 @ Jan 30 2016, 05:10 PM)
Tell the landlord to cut the electricity and water smile.gif that "cockroach" will move out by itselves
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laugh.gif ini tak boleh.

landlord will get sued back. this is a breach of our Federal Constitution.

 

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