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 Tenant not paying rent

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TSpurple_rain2011
post Mar 2 2018, 09:14 PM, updated 8y ago

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Hi all,

Need some advice here. i think this is a common problem but as this has never happened to me before so i would appreciate some guidance as a landlord. I have been chasing my tenant to pay their rent every month and now they have not paid the rent for 2 months. i have decided to lock them out of their apartment until they pay the outstanding amount as they have also incurred considerable damage to my house. my agent is being unresponsive to this situation now and i am left to handle this problem on my own. Anyone else faced the same issue or can help to advise what i need to do next?

thank you.
acbc
post Mar 2 2018, 09:16 PM

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Utilities registered under whose name? If yours, terminate both.
TSpurple_rain2011
post Mar 2 2018, 09:19 PM

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QUOTE(acbc @ Mar 2 2018, 09:16 PM)
Utilities registered under whose name? If yours, terminate both.
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under landlord's name. am i allowed to lock out the tenant? because i am worried they will run away without paying the outstanding rent
lucaswjk
post Mar 2 2018, 09:20 PM

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if condo even better, can ask management to disable the access card... parking also
TSpurple_rain2011
post Mar 2 2018, 09:22 PM

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QUOTE(lucaswjk @ Mar 2 2018, 09:20 PM)
if condo even better, can ask management to disable the access card... parking also
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yes it is a condo. i will disable their access card. how do i ensure they pay up?
TSpurple_rain2011
post Mar 2 2018, 09:23 PM

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what is the role of the agent here? i am trying to reach my agent many times but to no avail.
matrix88
post Mar 2 2018, 09:25 PM

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how many months have they not paid up?
any tenancy agreement?
acbc
post Mar 2 2018, 09:35 PM

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QUOTE(purple_rain2011 @ Mar 2 2018, 09:19 PM)
under landlord's name. am i allowed to lock out the tenant? because i am worried they will run away without paying the outstanding rent
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U can't lock the tenant inside. It will be kidnapping. Cops can arrest both agent and owner.
TSpurple_rain2011
post Mar 2 2018, 09:55 PM

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QUOTE(acbc @ Mar 2 2018, 09:35 PM)
U can't lock the tenant inside. It will be kidnapping. Cops can arrest both agent and owner.
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No the tenants are currently not in
There is a tenancy agreement
lucaswjk
post Mar 2 2018, 10:06 PM

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msia tenancy agreement didn't protect owner.

my advise, kick tenant out, burn the rental... use the deposit to recover.

rather than waste money to get court order and 6months blank period
Fortezan
post Mar 5 2018, 03:26 PM

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QUOTE(purple_rain2011 @ Mar 2 2018, 09:55 PM)
No the tenants are currently not in
There is a tenancy agreement
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Interesting, while I'm well aware it is illegal to lock tenant in, I have not heard anyone mentioned about the legality of locking tenant out, wonder any lawyer can advise on this?
How did you managed to lock the tenant out? Did you just go in one day when they are not around and change the lock?
Aftermaths
post Mar 5 2018, 03:34 PM

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Work together with Landlord, Management & seek advice from Police officer.

Give verbal warning first, then.........
- Forfeit the deposit.
- Change the lock, put all their belongings out of the house.
(I'm not sure whether it is illegal or not)

This post has been edited by Aftermaths: Mar 5 2018, 03:35 PM
Fortezan
post Mar 5 2018, 03:49 PM

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I'm not a lawyer but I would think it is ok to lock tenant out, as there's no fire or starvation risk as oppose to locking tenant in. After all , it is no different than putting a beggar on the street

This post has been edited by Fortezan: Mar 5 2018, 03:49 PM
life27
post Mar 5 2018, 03:51 PM

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GET ALL your family members go inside the house and sapu them out ..

settle .

but later confirm got a lot rubbish work you need to settle , maybe they purposely spoil something in your house
TSpurple_rain2011
post Mar 6 2018, 08:21 PM

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I also think it is okay to lock the tenant out but honestly why is it so difficult to get protection for landlord? I knew the tenant was not around because i kept chasing them for the rent and always have excuse so i took the opportunity to lock the grill while they are still out. they have left me with no choice but to take extreme action like this. im not sure if the police can help if i have already lock them out but obviously the they have breached the contract and i am just waiting for them to pay up.
DemonKnight
post Mar 7 2018, 12:29 PM

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Can report bank negara so that block his all loan application?
allen84us
post Mar 7 2018, 11:45 PM

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QUOTE(DemonKnight @ Mar 7 2018, 12:29 PM)
Can report bank negara so that block his all loan application?
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U think BNM belongs to your grandfather one?
chichichi
post Oct 25 2018, 12:35 AM

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Hi!

I too had issues with my tenant where he didn’t pay full amount of rent since July. I served him eviction notice and finally he’s out. I made police report as well.

So the utility bills were also not paid and after deducting security deposit, he owes me around rm3500. At first he said he will pay, but now he is calling me a liar, claiming that the rental agreement was for 2 years instead of 1 year and claimed that he have made repairs on the house and have the bills to prove it.

So I have decided to proceed to court under small claims, have to fill up form and then serve the notice to him to come to court for hearing. It is a long process but I’m not sure at the end of it whether I will be able to recover the outstanding.

One thing I learn is to include in the tenancy the right for landlord to cut utilities if rental is in arrears, and not to give face to tenant. Once late forever late and I should have kicked him out at the first month he was late with rent.

Just sharing my case
PrincipaliteY
post Nov 9 2018, 06:32 PM

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QUOTE(chichichi @ Oct 25 2018, 12:35 AM)
Hi!

I too had issues with my tenant where he didn’t pay full amount of rent since July. I served him eviction notice and finally he’s out. I made police report as well.

So the utility bills were also not paid and after deducting security deposit, he owes me around rm3500. At first he said he will pay, but now he is calling me a liar, claiming that the rental agreement was for 2 years instead of 1 year and claimed that he have made repairs on the house and have the bills to prove it.

So I have decided to proceed to court under small claims, have to fill up form and then serve the notice to him to come to court for hearing. It is a long process but I’m not sure at the end of it whether I will be able to recover the outstanding.

One thing I learn is to include in the tenancy the right for landlord to cut utilities if rental is in arrears, and not to give face to tenant. Once late forever late and I should have kicked him out at the first month he was late with rent.

Just sharing my case
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hi, i would like to know for small claims procedure, is it u must know the contact/address of the tenant to hand them the court letter?
since he has evicted, how do u manage to contact them?
chichichi
post Nov 9 2018, 08:42 PM

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QUOTE(PrincipaliteY @ Nov 9 2018, 06:32 PM)
hi, i would like to know for small claims procedure, is it u must know the contact/address of the tenant to hand them the court letter?
since he has evicted, how do u manage to contact them?
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We were quite lucky because we manage to find out his new address. I guess another way during getting of tenants, need to find out where they work or get a contact if someone not living with them as emergency contact.

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