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 How goes this if there is no tenancy agreement?, issue with tenant

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TScornered corn P
post Sep 29 2019, 06:36 PM, updated 7y ago

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If me and my tenant did not sign any tenancy contract, does that mean I can the police if the tenant jadi kaki busuk?

Of course there are receipts for paying the rent, but the word "rent" is never used. Just tenant name and the building name (no house number too mentioned too).

In that sense, does that mean I am free from the cycle of tenant can stays for months even if refuse pay rent cause I have to get a court order and instead I can call the police and accuse the tenant of staying in my property illegally?


ManutdGiggs
post Sep 29 2019, 06:42 PM

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QUOTE(cornered corn @ Sep 29 2019, 06:36 PM)
If me and my tenant did not sign any tenancy contract, does that mean I can the police if the tenant jadi kaki busuk?

Of course there are receipts for paying the rent, but the word "rent" is never used. Just tenant name and the building name (no house number too mentioned too).

In that sense, does that mean I am free from the cycle of tenant can stays for months even if refuse pay rent cause I have to get a court order and instead I can call the police and accuse the tenant of staying in my property illegally?
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Worst case u can lipot pulis say u suspected drug activities in the unit πŸ˜‚
vckc
post Sep 29 2019, 06:44 PM

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QUOTE(cornered corn @ Sep 29 2019, 06:36 PM)
If me and my tenant did not sign any tenancy contract, does that mean I can the police if the tenant jadi kaki busuk?

Of course there are receipts for paying the rent, but the word "rent" is never used. Just tenant name and the building name (no house number too mentioned too).

In that sense, does that mean I am free from the cycle of tenant can stays for months even if refuse pay rent cause I have to get a court order and instead I can call the police and accuse the tenant of staying in my property illegally?
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Always have a tenancy agreement.

If I recall correctly you're the person that is facing problems with the tenant wanting to use the deposit as rent.

No matter how this situation pans out. Be sure to sign a tenancy agreement in the future.
dave1987
post Sep 29 2019, 06:47 PM

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nexona88
post Sep 29 2019, 07:58 PM

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From: REality
No agreement...
Meaning nothing much really can be done legally....

Receipt also u said didn't mention anything about rent / unit number....

toiletwater
post Sep 29 2019, 07:59 PM

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Both of you will be in trouble when there isn't a tenancy agreement. Depends on the police being assigned to your case.

The tenancy agreements I draft has a provision stating'after 12 months, if both parties are willing - then the tenancy agreement remains in effect' etc

Talk to a lawyer if you are serious/careful.
Yggdrasil
post Sep 29 2019, 09:15 PM

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QUOTE(cornered corn @ Sep 29 2019, 06:36 PM)
If me and my tenant did not sign any tenancy contract, does that mean I can the police if the tenant jadi kaki busuk?

Of course there are receipts for paying the rent, but the word "rent" is never used. Just tenant name and the building name (no house number too mentioned too).
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What is the reason for no tenancy contract? So obvious want to escape tax.

QUOTE(cornered corn @ Sep 29 2019, 06:36 PM)
In that sense, does that mean I am free from the cycle of tenant can stays for months even if refuse pay rent cause I have to get a court order and instead I can call the police and accuse the tenant of staying in my property illegally?
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Court also don't want to entertain. You will likely lose the case or worse, charged for evading tax.

You must be new to rental business. Even with a tenancy agreement, the police cannot forcefully remove the tenant.

What you can do:
1) Ask TNB and Syabas to cut electricity and water
2) Change the locks
3) With tenancy agreement, you may legally evict the tenant but it is a very slow process
holypredator
post Sep 29 2019, 09:44 PM

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That's why have to do screening on tenant before accepting
Siao_Lang
post Sep 30 2019, 12:01 AM

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What do you mean by no tenancy agreement?

As in renewal tenancy agreement or got previous tenancy with this tenant but no renewal TA?

First time i see no TA. Or simply pluck in tenant from speedhome, airbnb or short term rent, and want to safe agency fee..?
propertybuddy
post Sep 30 2019, 12:33 AM

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it's highly recommended to do tenancy agreement to protect both side interest and to avoid any dispute later.. legally wise, you should do a tenancy agreement no matter how well u know the tenant

apart from the standard information in a Tenancy agreement:
- rental
- start date end date
- tenant & landlord particulars
- account details
- address of the unit
- payment terms
- detail inventory list
- deposits

highly recommended to also attach with:
- maintenance checklist (clearly stating the roles n responsible of landlords vs tenants)

all this to safeguard your interest

if you havent do one, pls do so asap.. the stamping fee and tax is worth paying. after all, rental increases your income, and hence better cashflow and proof to acquire more good props..
wenyao1121
post Oct 24 2019, 05:02 PM

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QUOTE(propertybuddy @ Sep 30 2019, 12:33 AM)
it's highly recommended to do tenancy agreement to protect both side interest and to avoid any dispute later.. legally wise, you should do a tenancy agreement no matter how well u know the tenant

apart from the standard information in a Tenancy agreement:
- rental
- start date end date
- tenant & landlord particulars
- account details
- address of the unit
- payment terms
- detail inventory list
- deposits

highly recommended to also attach with:
- maintenance checklist (clearly stating the roles n responsible of landlords vs tenants)

all this to safeguard your interest

if you havent do one, pls do so asap.. the stamping fee and tax is worth paying. after all, rental increases your income, and hence better cashflow and proof to acquire more good props..
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IF any of you need to get a tenancy agreement, you can try to login to SPEEDHOME tenancy agreementγ€€sign.speedrent.com , you can create the tenancy agreement on your own, they just charge RM99 , included the stamping fee.

This post has been edited by wenyao1121: Oct 24 2019, 05:04 PM
COOLPINK
post Oct 24 2019, 05:04 PM

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QUOTE(ManutdGiggs @ Sep 29 2019, 06:42 PM)
Worst case u can lipot pulis say u suspected drug activities in the unit πŸ˜‚
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bad idea.
you are the owner you will be called up for questioning as a suspek too
ManutdGiggs
post Oct 24 2019, 05:23 PM

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QUOTE(COOLPINK @ Oct 24 2019, 05:04 PM)
bad idea.
you are the owner you will be called up for questioning as a suspek too
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As an owner if u suspect tenant doin some funny thgs it's either u lipot or u wait for pulis to sapu n question u.

In tis case assumption made n of cos pulis has the rite to question u. Btw I did once b4 but not lipoting bout drugs la. πŸ™Š

It works thou
COOLPINK
post Oct 24 2019, 05:27 PM

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QUOTE(ManutdGiggs @ Oct 24 2019, 05:23 PM)
As an owner if u suspect tenant doin some funny thgs it's either u lipot or u wait for pulis to sapu n question u.

In tis case assumption made n of cos pulis has the rite to question u. Btw I did once b4 but not lipoting bout drugs la. πŸ™Š

It works thou
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u lipot me, i lipot you back.
end up nobody win.....except mayb lawyers laugh.gif
mini orchard
post Oct 24 2019, 05:41 PM

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Sad to say ...

Tenancy Agreement cannot do much if you have a hardcore tenant.

TA only works for good tenants, but then what the heck, good tenant why need TA?

If a tenant wants to find fault, he will find one clause in the agreement because most TA in the market are all STANDARD ... copy, change name, address, rental amount and deposit plus signatures. How many landords spend time reading and understanding the TA b4 signing.

Go legal means incurring more money and yet not able to collect rental. Good money chasing after bad ones.

Hmmmmmm.

This post has been edited by mini orchard: Oct 24 2019, 08:45 PM
ManutdGiggs
post Oct 24 2019, 05:54 PM

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QUOTE(COOLPINK @ Oct 24 2019, 05:27 PM)
u lipot me, i lipot you back.
end up nobody win.....except mayb lawyers  laugh.gif
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πŸ™‰πŸ™Š
leodinouknow
post Oct 24 2019, 08:16 PM

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QUOTE(ManutdGiggs @ Oct 24 2019, 06:23 PM)
As an owner if u suspect tenant doin some funny thgs it's either u lipot or u wait for pulis to sapu n question u.

In tis case assumption made n of cos pulis has the rite to question u. Btw I did once b4 but not lipoting bout drugs la. πŸ™Š

It works thou
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not drug, then must be girl. vietnamese girl devil.gif

 

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