Utilities registered under whose name? If yours, terminate both.

if condo even better, can ask management to disable the access card... parking also

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

U can't lock the tenant inside. It will be kidnapping. Cops can arrest both agent and owner.

No the tenants are currently not in
There is a tenancy agreement

Can report bank negara so that block his all loan application?

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

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?

i had an issue with late rental by tenant. but the issue is agreement is with this Person A, which no longer stay there. But currently staying & rental payee are Person B, nigerian boyfren to person A.

what can i do?

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.

Hi Purple Rain & all,

I"m facing the same issue. My tenant hasn't been paying for the past 4 months. They are not answering my calls. Hope to get some advise on what is the right of a landlord or what action can i take towards my tenant?

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.

My tenant no pay rent for 2 months. Outstanding tnb bill about rm2k. Now sent us whatsapp message said she moved out already no stuff inside, can go in....?

...........
Got 1 agent share his story, landlord to nice to tenant. Tenant also look very nice at beginning. Now the tenant want sue the landlord cos move out tenant things. They own landlord oustanding about RM15K = 10months rent. Why so much coz they every time give excuse balik kg. Not in the house. Give alot reason. After that, they no reply landlord text for a month. So landlord thought no body, then go in and found new tenant. Today new tenant moved in. The next day they sudden came out said landlord steal their things. So both make police report and wait.

No it is illegal to lock the tenant in or out because you have entered into a tenancy agreement with him that means he has the right of entry and usage of your property as per stipulated in the tenancy agreement. Whether he miss his rental payment is not the issue here. Unfortunately in cases like this you have to go by the procedure by sending him letters requesting him to pay up, letter to terminate the tenancy, and if he still doesn't entertain, make a police report and then find a lawyer to seek court order to enter the property. The court bailiff will enter together as well as a valuer if there are valuable belongings inside that you can auction off to recover whatever that he is owing to you.

Most likely is that you will incur more losses as there won't be a lot of valuable things from a tenant who cannot even pay the rental but this is how it is.

Or you can report to police and talk to them see if they can talk to the tenant, ask them to leave after you've terminated the tenancy. Sometimes the same word delivered by police can be a lot more powerful than the same word delivered by yourself. Then afterwards show some gratuity to the police officer that helped you, i think you know what to do.

Dear all landlords,

If you guys are facing the issue of tenants not paying rent LISTEN TO THIS CAREFULLY.

I am giving PRACTICAL and REALISTIC advice to landlords, based on my own experience in COURT.

Yes, the Law says in the Specific Relief Act 1950 that landlords cannot lock the doors, etc, etc.

Yes, if you watch Judge Judy or other country's courtroom cases, you may be worried that the judge will yell at you and say that you break the law.

Know this, the Specific Relief Act does not lay out the penalty for self-help eviction, unlike other countries where specific laws have been written about the exact amount of compensation for tenants if landlords kick them out.

If you are a landlord in Malaysia and your tenant has been owing rental for some time, this is what you can PRACTICALLY do:

1. deactivate access card/change the front gate lock, etc (make sure you leave some door locks untouched so that the tenant can still move into the house through some other means, this can be your defense in court)

2. DO NOT go into the property, DO NOT steal or touch anything inside. Just lock the door and make the tenant's life miserable.

3. DO NOT perform self-help for commercial tenants, because they can sue for lost income/ expensive damages.

4. ONLY perform this for tenants that you are sure could not afford to pay RM 10k for a lawyer, so that at most, this case will end up at small claims court. Lawyers always give you their perspective from the high court cases, but NOT a single lawyer has ever been to small claims court, so I am here to tell you exactly what will happen if you get sued in small claims court in Malaysia.

IN SMALL CLAIMS COURT, judges are not required to do a judicial review in detail, so they usually will just look at the contract to determine who is right and who is wrong, so make sure you must have a contract that specifically says the tenant has to pay you to rent every month, what deadline, etc.

Even if the tenant were to sue you, what EXACTLY can the tenant claim? Courts do not determine who is right and who is wrong, only who HAS TO PAY.

Even if the landlord is not allowed to perform self-help eviction, there is nothing in the law that says how much compensation/damages the tenant can get as a PENALTY, literally there is ZERO PENALTY for what you do. This is not a crime, it is in the CIVIL law, so even the police cannot arrest you.

On the other hand, you can claim from the judge the amount of owed rental, and the judge WILL award you, because you have the contract, and judges are supposed to decide based on what is in the contract.

So in the end, landlords won't have to pay any damages to the tenant, because the judge could not find any sort of damage that requires you to pay in the contract.

IT IS IMPORTANT THAT LANDLORDS DO NOT TRESPASS, STEAL, TOUCH or ENTER the unit because then, there might be criminal charges and it will be under a separate matter. If landlords are not guilty of any specific crime, just locking the doors will not amount to anything worthy of FINANCIAL damage, so literally, landlords won't have to compensate tenants for anything.

So, if you end up in court, you can still get back your rental. Trust me, it happened. PM me if you don't trust what I say, I have proof of court judgment.

CASE SOLVED

so can lock or cannot lock ? 

Wanna ask...

If the tenancy agreement has expired long ago and the tenant chose not to renew or move out, is he or she considered trespassing?

Wanna ask...

If the tenancy agreement has expired long ago and the tenant chose not to renew or move out, is he or she considered trespassing?

Go to court, register at the counter for a case, then you need to hand over the papers to the tenant directly by hand. You can send by registered post, but sometimes they won't accept it, so it is quite troublesome. Best way is to hand over personally.

Similar situation here, tenant not paying rent.
After Google then only realized cut electricity / water is illegal one.

Dunno why property law is so protective to tenant but not owner.
The one who made the law think property owner must be so rich?
It is mostly middle income people who struggling to pay back the loan every month.

Really stupid law.

tumpang, if landlord provide semi furnish who is responsible for the electrical appliances maintenance cost and repair if breakdown?
in cases like this is there any responsibilities from the agent to help chase the tenant or once rented out the agent is wash hand?

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.

No it is illegal to lock the tenant in or out because you have entered into a tenancy agreement with him that means he has the right of entry and usage of your property as per stipulated in the tenancy agreement. Whether he miss his rental payment is not the issue here. Unfortunately in cases like this you have to go by the procedure by sending him letters requesting him to pay up, letter to terminate the tenancy, and if he still doesn't entertain, make a police report and then find a lawyer to seek court order to enter the property. The court bailiff will enter together as well as a valuer if there are valuable belongings inside that you can auction off to recover whatever that he is owing to you.

Most likely is that you will incur more losses as there won't be a lot of valuable things from a tenant who cannot even pay the rental but this is how it is.

Or you can report to police and talk to them see if they can talk to the tenant, ask them to leave after you've terminated the tenancy. Sometimes the same word delivered by police can be a lot more powerful than the same word delivered by yourself. Then afterwards show some gratuity to the police officer that helped you, i think you know what to do.

What if the tenancy agreement specified that if non payment by xxxth day of the month, Landlord  at any time thereafter to re-enter upon the Demised Premises, and the tenancy agreement will be void.

Will it violate the law?