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 Advice on Evict Tenant

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TSListenToTheAngin
post Apr 20 2017, 11:55 AM, updated 9y ago

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Hi,

Few years back I rented a shoplot to this family.

The agreement ended few years but we didn't produce a new one & I continue rent to them and they still pay their rent.

Lately they didn't pay their rent anymore & I'm thinking to evict them from the unit.

Question:
1) Can I evict them without the tenancy agreement?

2) Do I still need to issue official notice to them because I get the court order, without a tenancy agreement?

Thank you for your time.
hanhanhan
post Apr 20 2017, 04:38 PM

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1. yes. give them reasonable notice (eg 2 months) to leave the premise.

2. why get court order so fast? give a notice first. if they refuse then give final notice, failing which u will have to get court order and if they still remain after the expiry of the notice, u get to claim double rental from them.
TSListenToTheAngin
post Apr 20 2017, 04:42 PM

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QUOTE(hanhanhan @ Apr 20 2017, 04:38 PM)
1. yes. give them reasonable notice (eg 2 months) to leave the premise.

2. why get court order so fast? give a notice first. if they refuse then give final notice, failing which u will have to get court order and if they still remain after the expiry of the notice, u get to claim double rental from them.
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Thank you.

I already serve them notice.

Another question, I read online the charges with the Session Court (just in case we really have to make the trip) ranges from RM6,000 to RM 25,000. That amount to be borne by the owner or tenant?
hanhanhan
post Apr 20 2017, 05:06 PM

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basically u have to pay your lawyer. then in the prayer (claim u submit to court) u include your legal expenses to be claimed back from tenant.
TSListenToTheAngin
post Apr 20 2017, 05:08 PM

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QUOTE(hanhanhan @ Apr 20 2017, 05:06 PM)
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basically u have to pay your lawyer. then in the prayer (claim u submit to court) u include your legal expenses to be claimed back from tenant.
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Pay in advance and claim back later on. I see. Thanks again for answering the question.
hanhanhan
post Apr 21 2017, 04:10 PM

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but then again, u would want to ask urself do u want to use good money to chase bad debt?

even if u get judgement, if he dont pay...u also suffer.

 

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