This was what I thought too. We should all just padlock our boxes and keep them out of reach from TNB then. That way, everyone can enjoy free electricity for life!

I'm still working on it. Managed to get my tenant to pick up the phone yesterday to remind him to move out. Call couldn't last a minute. He muttered something along the lines of "we will discuss on this...", I told him the decision was final and I wanted my house back... then he hung up.

You are too soft.. My tenant also more than 4 years with my name on the kWH meter..

I have a tenant like that.. I told him the rental will increase 20% via letter and hand delivered to him..

After 3 months I told him rental again increase 20% and again hand delivered to his hand..

Reason .. It was market rate for that area and i needed to recoup my losses..

So far he paid via electronic bank in so I didn't get a chance to go evict him..

Now he's a good tenant..

Ok no this lock on the grill is yours or your tenant's lock?
Is this grill on the outside of the house? (Im assuming it's a landed house and not a condo)
If landed and the grill is outside and the lock is the tenants, then if you really want you can get a grill contractor to replace or remove the grill outside since it belongs to you anyways?

if it is a condo then you also can get the management office to bar all the access cards plus also get his car parked in your lot clamped as he is now tresspassing. Plus you should be able to evict him right away due to the tresspassing thing but make sure you run through this with a lawyer. If you need a lawyer's contact do PM me

Anyways, if it were me I'll want to get him out immediately to avoid possible damage to the house

The lock is my tenant's lock. Grill is outside the house on the gate pillar. Landed house.

If your title is under strata title, it might be possible to make use of the Tribunal to help you...

EDIT: upon studying the SMA, it doesn't really give owner much rights to claim damages from tenant.

This post has been edited by wornandwound: Jan 10 2017, 11:42 AM

then get a grill contractor to open the hinges of the grill to allow tnb to get access?

fastest way will probably be to check the tresspassing clause with a lawyer, make a police report and you can see him get evicted this evening itself

This post has been edited by ruben7389: Jan 10 2017, 11:49 AM

I collect 1 month rental for utility deposits as a safety measure. Monitor electrical consumption every month and ensure no outstanding payments. Once late....start pushing.

If not working....employ ah long tactics, throw red paint on the house door. But before that, close the electricity account first (ur name what).

Basically what i'm trying to say is that as landlord u need to have gangster mindset at certain point. Dont be a softy, u need to be like ah long maa. Landlords are basically debt collectors. We need to be fierce and cruel!! Warghhh!!

Edit: I once had a tenant, open a Unifi account in my house. After 1 year he left, after 30 days i return back his deposit money. New tenant came in and try to register Unifi cannot cos TM said my house got a Unifi account suspended cos not pay bills by the previous tenant. Total amount was RM1045. Previous tenant never told me he opened Unifi at my house. I only know after he left my house. Previous tenant run away..cannot contact. I go to Pesuruhjaya Sumpah and make letter give to TM. TM agree to close the previous tenant Unifi account. I dont need to pay for his outstanding bills. New tenant can now register his Unifi account.

This post has been edited by kamilnu: Jan 10 2017, 12:00 PM

Checked with lawyer. I am liable to be sued even if I cut their supply via TNB, water, etc. Even without tenancy agreement, I still have a contract with my tenant based on monthly rental. Deliberating my next course of action. I haven't actually met him face to face for a long time. Going to try and meet up with him this week to see if he still can be reasoned with before I proceed with legal course of action.

You are more worried about what happens to you ka? Haiyahh...

i think he meant your unwanted tenant is a trespasser in your property

yes, that is correct - under the law the contract is still binding.

Its also a good strategy to talk to your tenant face to face, listen to his problems and try to come to an agreement on an amicable level..
if he cannot pay anymore becoz of financial trouble, persuade him to leave asap..no point dragging on as it will cause you more stress and money
and sleepless nights..

- this is the soft approach so hopefully the tenant comes to his senses and be reasonable on this issue.

The TNB part (if it happens) will be too late, as I've put in applications and I'm not going to start withdrawing them like I'm playing the fool with them...

Yeah, plan to resolve it amicably... I just want him out ASAP with minimal damage.

You are so right especially about the sleepless nights. Really sucks.

Maybe can get a second opinion? cos as far as I know cutting tnb since bills are overdue is not grounds to get sued

Legal course of action - gonna be a long drawn out course with even more stress and possibly even higher bills left for you to pay if you end up evicting him months down the line

You increased the rent by 40% and then he suddenly became a good tenant?
Wow.

Actually yes..

OK......jokes aside.

Depending on how you drafted the tenancy agreement, a contract is only valid (i.e. in force) when both parties are fulfilling their contractual obligations, and only for as long as the contract validity period.
In common law of the British system which Malaysia follows, the spirit of the law is that even though certain terms are not explicitly mentioned in writing, a contract can still be considered to be in force if both parties continue to carry out their contractual obligations without fail (the Evidence Act).
For example, if the tenant continues to pay his rent, even after the contract has expired, and you accepted those rental payments, then the contract is still considered as valid and in force.

However, in your case now, the tenant has stopped paying rent, and also the contract validity period has expired.
Both these conditions added together would be sufficiently seen as a breach to an essential term of the contract, and the contract can be terminated. (Note: can be terminated does NOT mean it is automatically void).

HOWEVER, in Malaysia, we have something called the Specific Relief Act, which has jurisdiction over things like rentals and tenancy.
This Act prevents you as a landlord from forcefully taking possession of your own property, even though in essence, the bad tenant is technically "trespassing".
Section 7(2) of the Specific Relief Act states "Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court."
Basically, this means that you are NOT allowed to take possession of your own property by ANY other means, other than by order of the court.

Your lawyer is right......if you just cut the lock and then disconnect the power, or water, or put your own lock to prevent the tenant from leaving or entering the premises, then you yourself may be sued for unlawful detention or trespassing (yes, trespassing on your own property), and also you are liable to be sued for damages to electrical items, dead pet fish, etc. etc. etc. (God help you if he sues you for a RM20,000 Japanese carp because it died as you cut the electricity running the aquarium pump)

Legally speaking, your best course of action right now is to prepare and deliver an official eviction notice (can be prepared by yourself, Google for sample templates) and stipulate a grace period for him to pay up and then ship out.
In your eviction notice, do be sure to invoke Section 28(4) of the Civil Law Act, which allows you as the landlord the right to charge DOUBLE the rental from the month of detention until the day the premises are returned to you (actually this penalty has to be granted by the court and is not automatically given, but don't tell him that).
Be sure to make documentation proving that you delivered the notice officially, such as using registered mail.

If the tenant still refuses to move out or pay the rent after the grace period, then you can lodge a police report and submit an application under the Distress Act to get a court order of eviction, then go to the premises with the police and bailiff, and THEN finally you can break the lock and enter the property.

Hope this helps.
Good luck!

If he wants to go by the law, then he really has no choice.
Yes, such proceedings, even if the tenant does not counter challenge in court, will still cost thousands of ringgit.
But I think it is a necessary course of action, otherwise they can technically stay there for years.

Going the legal way also allows the landlord to chase for arrears of payment for previous months.
AND, if the tenant does not pay up, the landlord has further right to sue him for debt, which, if the rentals accrued are over RM30k, can file an injunction of bankruptcy against the tenant.
By this time, I'm pretty sure the tenant will definitely pay up or at least be open for negotiation.
Nobody wants to get bankrupted just because of rent (or so I hope).

Thanks wengherng for the detailed info. Yeah, nothing other than legal / court order. See how the discussions go. If not good, I might just take a few calculated risks.

TS, please update us.

Tenant doesn't have money to pay rent, still can appoint lawyer to sue owner ? pro-tenant law

maybe you can create and issue an order to pay all arrears within certain period of time if he not fulfilling his end of responsibilities, you have all the right to chase him and his family out of your property and the arrears would be his reponsibilities to settle. hand dilvered to him.