Issue solved. May post the full story at later date.
This post has been edited by Twilight Prophet: Apr 30 2016, 03:44 AM
How to force landlord to end tenancy agreement, and get back my deposit
How to force landlord to end tenancy agreement, and get back my deposit
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Apr 28 2016, 11:33 PM, updated 8y ago
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#1
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Junior Member
51 posts Joined: May 2008 |
Issue solved. May post the full story at later date.
This post has been edited by Twilight Prophet: Apr 30 2016, 03:44 AM |
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Apr 29 2016, 08:47 AM
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#2
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Junior Member
463 posts Joined: Oct 2011 |
Short answer: You can't
Tenancy agreement exist for a reason. The only way you can probably get your deposit back (subject to landlord approval) is if you help to find another tenant to continue renting the place, thus saving the landlord time and extra commission to agent to look for another tenant. |
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Apr 29 2016, 03:57 PM
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#3
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Junior Member
77 posts Joined: Mar 2006 From: PeeJay |
QUOTE(Fortezan @ Apr 29 2016, 08:47 AM) Short answer: You can't I think suggestion (1) is do-able. If TS refuses to let landlord's agents in, nothing much landlord can do about it. Sure, there may be a clause saying a landlord are to be let in under certain circumstances but how can it be enforced? If the landlord breaks in, a police report can be filed and he'll probably be arrested.Tenancy agreement exist for a reason. The only way you can probably get your deposit back (subject to landlord approval) is if you help to find another tenant to continue renting the place, thus saving the landlord time and extra commission to agent to look for another tenant. And if TS starts delaying rent, making landlord's blood pressure shoot up .... |
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Apr 29 2016, 05:44 PM
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#4
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Senior Member
4,191 posts Joined: Jul 2009 From: Ipoh |
The shit head is on you.
You signed tenancy agreement for 1 year. Didn't check carefully before you signed? And landlord can actually break in to "his" house. All he needs to do is make police report. Capture photo of a notice big enough on the house door saying if in X period you didn't pay rent/let apartment maintenance be done, he is free to enter his premises. Once the duration lapse. Hoola. He can call police accompany him to the unit and formally break in. this was what happened at my place. tenant didn't pay rent and refuse to go. |
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Apr 29 2016, 06:44 PM
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#5
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Junior Member
463 posts Joined: Oct 2011 |
QUOTE(Angel On Fire @ Apr 29 2016, 03:57 PM) I think suggestion (1) is do-able. If TS refuses to let landlord's agents in, nothing much landlord can do about it. Sure, there may be a clause saying a landlord are to be let in under certain circumstances but how can it be enforced? If the landlord breaks in, a police report can be filed and he'll probably be arrested. What do you mean nothing much landlord can do? Landlord owns the place and has every right to force entry legally if tenant violates the tenancy agreement. It is the tenant that will be arrested, not landlord.And if TS starts delaying rent, making landlord's blood pressure shoot up .... Most agreement will also states that you cannot use deposit to offset rental, and if you failed to pay the rental on time, landlord has the right to kick you out and still keep your deposit. |
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Apr 29 2016, 07:19 PM
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#6
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Junior Member
51 posts Joined: May 2008 |
QUOTE(IvanWong1989 @ Apr 29 2016, 05:44 PM) The shit head is on you. Wah, why u so panas baran? He needs to get court order and only if tenant don't pay rent (not for maintenance work not done), and I pay rent.You signed tenancy agreement for 1 year. Didn't check carefully before you signed? And landlord can actually break in to "his" house. All he needs to do is make police report. Capture photo of a notice big enough on the house door saying if in X period you didn't pay rent/let apartment maintenance be done, he is free to enter his premises. Once the duration lapse. Hoola. He can call police accompany him to the unit and formally break in. this was what happened at my place. tenant didn't pay rent and refuse to go. See: http://www.malaysianbar.org.my/conveyancin..._agreement.html QUOTE 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. This post has been edited by Twilight Prophet: Apr 29 2016, 07:23 PM |
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Apr 29 2016, 07:37 PM
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#7
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Junior Member
51 posts Joined: May 2008 |
QUOTE(Fortezan @ Apr 29 2016, 06:44 PM) What do you mean nothing much landlord can do? Landlord owns the place and has every right to force entry legally if tenant violates the tenancy agreement. It is the tenant that will be arrested, not landlord. Read:Most agreement will also states that you cannot use deposit to offset rental, and if you failed to pay the rental on time, landlord has the right to kick you out and still keep your deposit. http://legal-malaysia.blogspot.my/2009/11/...f-landlord.html |
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Apr 29 2016, 11:28 PM
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#8
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Junior Member
79 posts Joined: May 2012 From: Klang Valley |
It depends on the tenancy agreement that you have signed. Most TA use a same template design. But for some, there may be using a customised version of TA that specifically states that u violate this and that clause then landlord has the right to go in premises, change locks, etc.
If these sentences are specifically stated in the customised TA, then landlord doesn't really need a court order to evict tenants, just accompanied by police should be sufficient and tenant has already signed (means he has agreed and give the landlord the power to do so). Quarrel until court also landlord wins. Anyway coming back to your original post. Normally in TA there will be clauses where landlord are obligated to the Tenants. There would be some clause that landlord must make the premises tenant-able for people. like the insect infestions etc. If not solve by the landlord means he has violate part of the TA. use it as your bullet to negotiate with landlord to fix all your unhappy stuff in a short duration. Dont delay your rent payments. U get yourself in trouble. When trying to find other people's fault, make sure your not a fault yourself first. As for getting back your deposits is slim chance unless another outcome comes from negotiating with landlord of their obligations to tenants. This post has been edited by VOOSH: Apr 29 2016, 11:29 PM |
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Apr 30 2016, 03:47 AM
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#9
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Junior Member
51 posts Joined: May 2008 |
Thanks for the detailed advice. You are a real estate agent, my lawyer friend begs to differ with some of your statements - Malaysian law is pro-tenant, and see some of the links above I provided.
I nego with the landlord, there were some raised voices, but he agreed verbally to return the deposit. May tell the full story at a later date, after I actually get back the money. Guess I'm a tenant from hell QUOTE(VOOSH @ Apr 29 2016, 11:28 PM) It depends on the tenancy agreement that you have signed. Most TA use a same template design. But for some, there may be using a customised version of TA that specifically states that u violate this and that clause then landlord has the right to go in premises, change locks, etc. This post has been edited by Twilight Prophet: Apr 30 2016, 03:50 AMIf these sentences are specifically stated in the customised TA, then landlord doesn't really need a court order to evict tenants, just accompanied by police should be sufficient and tenant has already signed (means he has agreed and give the landlord the power to do so). Quarrel until court also landlord wins. Anyway coming back to your original post. Normally in TA there will be clauses where landlord are obligated to the Tenants. There would be some clause that landlord must make the premises tenant-able for people. like the insect infestions etc. If not solve by the landlord means he has violate part of the TA. use it as your bullet to negotiate with landlord to fix all your unhappy stuff in a short duration. Dont delay your rent payments. U get yourself in trouble. When trying to find other people's fault, make sure your not a fault yourself first. As for getting back your deposits is slim chance unless another outcome comes from negotiating with landlord of their obligations to tenants. |
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May 1 2016, 01:58 PM
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Senior Member
3,566 posts Joined: Aug 2007 |
To TS.
You can't force a party to terminate an agreement and expect to walk away without being penalized. There are of course exceptions, for instance where a breach of the agreement by one party or an amicable termination. If you intend to terminate before you are properly advised because... (A) you lose your deposit; and (B) the landlord can sue for balance remaining unexpired duration of the tenancy agreement. Even if Malaysian law is in favour of tenant's but the process, time and monies spend is better to be spent elsewhere other than a lawyer... I note you been complaining abt landlord inaction over certain issues... 1) did you notify the landlord in writing? 2) did the landlord reply? 3) was there any opportunity given to the landlord to rectify the defect? 4) did you give notice to landlord to rectify a breach of the tenancy? 5) did the breach give rise to an event that you could terminate the agreement immediately? If you can't answer the questions affirmatively and you still intend to prematurely terminate the tenancy agreement, I suggest you better get professional advise before you get yourself into deeper trouble. |
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May 16 2016, 01:50 PM
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Senior Member
746 posts Joined: Aug 2011 From: Lowyat.net |
future landlords should be beware of tenants like TS.
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Aug 9 2016, 12:20 PM
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All Stars
11,940 posts Joined: Mar 2012 From: Kuala Lumpur |
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