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 Tenant refuses to pay rent and refuses to leave, Tenant From Hell

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TSloongchai
post Oct 30 2019, 09:45 PM, updated 7y ago

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Hi All, need some advice on my current situation.

- I have been renting my commercial unit to a tenant-from-hell for 3 years and 10 months.
- The contract is only for 3 years but he refuses to leave even after the tenure ended.
- He continues to pay the rent but usually delays 1 to 2 months.
- He sublets my unit without my consent and I suspect the sub tenant is selling alcohol illegally.
- As of now, he owes me 2 months of rent (September and October 2019).
- I have repeatedly asked him to pay or leave my unit. I have even sent registered notices.
- He doesn't answer my phone calls.
- I want him to leave so I can rent to other potential tenants.

What should I do to make the tenant leave? Will police entertain my report? Are there any cheaper alternatives other than hiring a lawyer?


acbc
post Oct 30 2019, 09:54 PM

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Cut both water and electricity. Change the locks. Continue to harass him until he leaves.

However, he may report u to the cops for harassment. The laws designed to protect the tenants not the landlords.
mini orchard
post Oct 31 2019, 07:03 AM

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Will police entertain my report?

No

Are there any cheaper alternatives other than hiring a lawyer?

No, if you follow the legal way

mini orchard
post Oct 31 2019, 09:35 AM

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QUOTE(acbc @ Oct 30 2019, 09:54 PM)
Cut both water and electricity. Change the locks. Continue to harass him until he leaves.

However, he may report u to the cops for harassment. The laws designed to protect the tenants not the landlords.
*
Why proposed it when it is not gonna to work.

Should have just leave out the second part.

This post has been edited by mini orchard: Oct 31 2019, 09:52 AM
chamelion
post Oct 31 2019, 09:47 AM

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default the utility for 1 month and cut the utility.
mini orchard
post Oct 31 2019, 09:51 AM

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QUOTE(chamelion @ Oct 31 2019, 09:47 AM)
default the utility for 1 month and cut the utility.
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Didnt know landlord so generous paying tnb bill on behalf of tenant.

I. ALSO WANT.
chamelion
post Oct 31 2019, 01:21 PM

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QUOTE(mini orchard @ Oct 31 2019, 09:51 AM)
Didnt know landlord so generous paying tnb bill on behalf of tenant.

I. ALSO WANT.
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that is why utility always under owner name.
mini orchard
post Oct 31 2019, 01:23 PM

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QUOTE(chamelion @ Oct 31 2019, 01:21 PM)
that is why utility always under owner name.
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Heelo...tenant paying tnb bills under landlord name...!

How to default?

This post has been edited by mini orchard: Oct 31 2019, 01:24 PM
hft
post Oct 31 2019, 01:27 PM

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QUOTE(mini orchard @ Oct 31 2019, 01:23 PM)
Heelo...tenant paying tnb bills under landlord name...!

How to default?
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Go TNB just ask to cut.
mini orchard
post Oct 31 2019, 01:28 PM

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QUOTE(hft @ Oct 31 2019, 01:27 PM)
Go TNB just ask to cut.
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Want to be sue by tenant?
hft
post Oct 31 2019, 01:32 PM

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QUOTE(mini orchard @ Oct 31 2019, 01:28 PM)
Want to be sue by tenant?
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Contract already expire? But if money is still good just leave the current tenant rest in peace.
TSloongchai
post Oct 31 2019, 01:34 PM

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Thank you for your replies.

I have talked to a lawyer and he charges RM8k+ for his service.

It will take at least 2 to 3 months, if there is no counter lawsuit.

On top of the lawyer fees, I will also incur many months of rental losses.

There is no guarantee the tenant will pay anything or if the confiscated stuffs in my unit will cover my losses.

Can anybody recommend a cheaper or an experienced lawyer?

As far as I am concerned, the upcoming Tenancy Act (2 years later) will also not cover commercial units and mostly sides with the tenants.
https://www.thestar.com.my/business/busines...d-in-two-years/

Why is the government so bad against landowners? sweat.gif

This post has been edited by loongchai: Oct 31 2019, 01:38 PM
mini orchard
post Oct 31 2019, 01:35 PM

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QUOTE(hft @ Oct 31 2019, 01:32 PM)
Contract already expire? But if money is still good just leave the current tenant rest in peace.
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Sorry, I am not the landlord.
TSloongchai
post Oct 31 2019, 01:36 PM

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QUOTE(hft @ Oct 31 2019, 01:32 PM)
Contract already expire? But if money is still good just leave the current tenant rest in peace.
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Yes, contract already expire, and the money is not good, especially lately.
hft
post Oct 31 2019, 01:37 PM

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QUOTE(loongchai @ Oct 31 2019, 01:34 PM)
Thank you for you replies.

I have talked to a lawyer and he charges RM8k+ for his service.

It will take at least 2 to 3 months, if there is no counter lawsuit.

On top of the lawyer fees, I will also incur many months of rental losses.

There is no guarantee the tenant will pay anything or if the confiscated stuffs in my unit will cover my losses.

Can anybody recommend a cheaper or an experienced lawyer?

As far as I am concerned, the upcoming Tenancy Act (2 years later) will also not cover commercial units and mostly sides with the tenants.
https://www.thestar.com.my/business/busines...d-in-two-years/

Why is the government so bad against landowners?  sweat.gif
*
Ask for rent hike, but yeah current rate also delay 2-3 months like you said.
SUSifourtos
post Oct 31 2019, 01:37 PM

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QUOTE(loongchai @ Oct 30 2019, 09:45 PM)
Hi All, need some advice on my current situation.

- I have been renting my commercial unit to a tenant-from-hell for 3 years and 10 months.
- The contract is only for 3 years but he refuses to leave even after the tenure ended.
- He continues to pay the rent but usually delays 1 to 2 months.
- He sublets my unit without my consent and I suspect the sub tenant is selling alcohol illegally.
- As of now, he owes me 2 months of rent (September and October 2019).
- I have repeatedly asked him to pay or leave my unit. I have even sent registered notices.
- He doesn't answer my phone calls.
- I want him to leave so I can rent to other potential tenants.

What should I do to make the tenant leave? Will police entertain my report? Are there any cheaper alternatives other than hiring a lawyer?
*
if ur are soft type
dont do this kind of business

meaningless.

ppl trespassing into your house
u dont know how to ask them leave.

ur fault.

chase away the sublet
report the authority of his illegal business
report to polis as backup

tnb under whose name?
TSloongchai
post Oct 31 2019, 01:47 PM

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From: Petaling Jaya


QUOTE(ifourtos @ Oct 31 2019, 01:37 PM)
if ur are soft type
dont do this kind of business

meaningless.

ppl trespassing into your house
u dont know how to ask them leave.

ur fault.

chase away the sublet
report the authority of his illegal business
report to polis as backup

tnb under whose name?
*
I guess you are right, I have to do my part by reporting illegal business in my premise.

The TNB is under my name. Currently due RM600+ and my deposit is RM800.

I could close the account but many are advising against doing that.
chamelion
post Oct 31 2019, 04:05 PM

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QUOTE(loongchai @ Oct 31 2019, 01:47 PM)
I guess you are right, I have to do my part by reporting illegal business in my premise.

The TNB is under my name. Currently due RM600+ and my deposit is RM800.

I could close the account but many are advising against doing that.
*
Managing utility is within your power. Don’t pay, drop by tng and request to cut. Same for water.

This is the only easy way to manage tenant.
donald88
post Oct 31 2019, 04:16 PM

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My ex-boss used to have this problem too. He hired lawyer to sent eviction notice. After like 3rd notice, he will get police to go together to lock up the place and hire security guard around the clock. Tenant will engage him if wants to get his things in the shop back. That's when he will ask for compensation, including lawyer and security guard fees. That is assuming the items are worthwhile to recover.

 

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