As topic, before MCO purchase 1 auction unit.

Bank finally release the payment to auction bank and now officially can enter the unit.
Going to management office, they claim the unit is empty and by record there is no 1 staying inside, have check the door also found out it is empty unit.

However when I check again today, it seems like someone is stay inside the house and management office also shock while found that there is people inside, we saw someone is in the house but we knock the doors for almost 5 minute no 1 entertain us.

What should I do in order to enter the unit?
I was told by my auction agent that I may enter the unit as the unit are belongs to me and the previous owner even stays without management notice.

What I plan to is to logged a police report, hire a locksmith and brings the building management PIC & building maintenance team to accompany me to break in into that unit and change the lock of that unit.

By doing above will violating any law and etc?

Only for service apartment / SOHO, commercial title property, management office able to tell the unit is vacant or occupied base on the monthly water bill billing.
If normal condo or apartment unit, management office can only make a wild guess.
Rarely anyone register themselves with the management office be it owner own staying or rented out to tenant.

Noted on this. So any way I can evicting the tenant/owner that inside the house?

Maybe when you saw him then, he was doing some last minute packing.

If I am you .... break the lock and enter. If there is occupant, ask him to pack and leave.

That is my plan. However I just not sure I whether have to "invite" police during my 'break in'.
But management people and maintenance people will attend the 'break in'.

Lodge a police report to state you are the new owner and will need to break the lock to gain access inside. Dont mention of any occupant. Just for record purpose only.

Ok.

i'd take the "lodge a police report" method with caution though.

lodging a police report doesn't absolve you from civil suits, in fact, it does not absolve you from anything if the occupants decided to sue you for "theft", what it does is saving you from criminal prosecutions (eg: if unlawful articles were found within the property).

many lay person mistakenly thought that lodging a police report grants them a "right" to break in, it does not especially more so if you know or would reasonable forsee that there are people still within the property (who was there previously, legally) and since police reports are admissible evidence in court, you'd be cited for perjury because clearly, the staff from the management office contradicts your statement.

the same law applies to errant tenants who refuses to vacate properties.

these are "cowboy" ways of dealing with matter.

if you want to do things by the proper means, getting the writ of possession is the only way to go.

This post has been edited by shaniandras2787: Aug 2 2020, 03:33 PM

Normally those people have no financial means to initiate a legal action.

Well, i was replying to TS's question anyway.

Further, with so many unscrupulous lawyers lying around nowadays, it won't be surprising that a contingency fee arrangement can be made.

This is a discussion forum.... no ?

How much damages can claimed ? 5? 50k? 500k ? Such arrangement also need minimum payment upfront unless is at least 500k.

If only eviction through legal means is so easy,, we dont have the Adib fireman case in Sri Maha Mariamman Temple in Seafield, Subang Jaya,


This post has been edited by mini orchard: Aug 2 2020, 06:41 PM

Management office not even know there is owner live in there that is the problem..

Yeah, this is a discussion forum. Why do you sound so hostile?

Which part of contingency fee that you don't get? This arrangement means no payment of fees unless plaintiff wins.

By the way, you are comparing apples to oranges (case you mentioned) - one involves the matter of religion and another between 2 individuals. You should read more why it is always difficult when it comes to eviction when religion is involved.

Sorry to burst your bubble but getting a writ of possession through a completed proclamation of sale is a fairly straight forward matter and 10 out of 10 times, the plaintiff can and will get a summary judgement in favor.

I thought you mentioned that the management office "also shock while found that there is people inside"?

This implied that the management office now has knowledge.

You are rude !




Why must the new owner spend money to follow the law. ?

Why cant new owner wait for the tenant to spend money to follow the law and claimed for forced eviction ?

Who is smarter in that sense ? Bubble burst ?

Contingency fee ? ... no lawyer is willing to open a file without some basic payment unless the claim is few hundreds k. You do it for 10k ?

An eviction order is an eviction order .. if the judge is sympathetic towards religion, he wont issued one in the first place !

Do you know how many 'temples' are demolished by the local authority without even getting a court order ! Bubble burst again ?

This post has been edited by mini orchard: Aug 3 2020, 10:48 AM

Yes and they will accompany us during break in.

but you said "Management office not even know there is owner live in there that is the problem.." ?

i am a bit confused here, does the management know/aware that there are people still residing within the property you have purchased?

be that as it may, entering / "breaking" into your own property (with/without a police report and/or any persons as a company) is not in violation of any law but you need to be reminded that your actions may result in civil suits.

let me reverse the situation for better illustration:-

assuming that you are someone who refuses to vacate a property after your right to occupy has expired.

you went out one day and return only to find that all your belongings have been cleared off/disposed and that your RM50,000.00 Rolex watch is also missing. naturally you would have assumed that the owner of the property may have taken (stolen) it and it is your civil rights to have it returned.

while the law allows a rightful owner possession of his/her own property, it does not allow anyone to infringe upon the civil rights of another while exercising that right which is where the "writ of possession" comes into play.

your application will be heard before a judge and upon adjudication, a bailiff (officer of the court) will be assigned and will accompany you to enter / break in the property and thereafter the bailiff will make inventory of all the things that are within the property.

the difference between a bailiff and Tom, Dick or Harry is that the latter is not officer of the law.

No. Management dont know until i point out and they have block off the all the card immediately.
Already know you will say that, I have prepare camera and will record from start to end.
I already asking police and my lawyer all the same answer.

This post has been edited by shyan90's: Aug 3 2020, 06:57 PM

Wasting time talking law to lawless people.

If lawless people feel his civil rights are being infringed, go to court to seek damages....until he has the money to engage a lawyer, nothing will happen. A lawless asking a lawyer to sue ? ... the lawyer must be sleeping ! .... similar to a snatch thief been whacked asking for public protection !

And 99% chances you will find shits inside instead of a Rolex watch !

This post has been edited by mini orchard: Aug 4 2020, 08:40 AM

that is why dont take auction house
9 out 10 i see are problematic