Hi Sifu,

I tried to search similar topics from this forum, but can't found it.
Need some advice here.

I have one tenant delayed my rental payment, and didnot get back to me after 1-2 months.
For example, tenant suppose to make payment to me before 7th each month, but he didnot do so.
Furthermore, he read and without reply my WhatsApp & Call.

What can I do before I taking legal action? How much is the estimated cost?

Thanks in advance.


This post has been edited by Jesse0916: Aug 8 2020, 11:17 AM

Have you tried other approach?

Turning off the water/electrical supply? As the landlord you have the rights to do so.

Once the 2 months deposit being used to contra outstanding rental, evict him with whatever ways possible.

Never talk law to lawless. If the tenant feels his rights being denied, ask him to sue you.

Until he has the money to engage a lawyer, nothing will happen. Keep your legal action money for this if ever it happens.

This post has been edited by mini orchard: Aug 8 2020, 07:16 AM

Has he always paid on time? Is this the first time that he’s behind?

COVID-19 has made life difficult for many tenants - if he’s had a good record, you might consider talking to him in person or via your agent, before evicting him.

Delete

This post has been edited by History1999: Sep 13 2020, 12:12 PM

Ok...will find out the process of discontinue the water/electrical.
I remember I ask TNB hotline once, they said it will discontinue unless huge outstanding amount.

Thanks.

There are few times that he delay the payment, but within a month.
This is first time that he delay for more than 2 months.

The problem is, he did not reply my message/ pick up my call for discussion.
Of course, I am fine to discuss with him if he has financial difficulty.

Thanks for your useful advice.
Definitely, is not advisable to contro off the 2 months security deposit.
The security deposit is the only money to deduct if any damage to my property.

Let me list down the possible action:
1) Disconnect water/electricity/ access card
2) Legal action? but I am not sure he procedure

Thanks.

Delete

This post has been edited by History1999: Sep 13 2020, 12:13 PM

1. Do all those immediate.

2. A lawyer will advised. Just pay fees only. Few Ks.

He oredi not paying and can you collect future rent ? Legal action meaning, you evict him through the court judgement. Whether you can collect all arrears is different story even you have the court judgement in your favour. By then he will be staying few months foc after minus security deposit.

In most casses, if tenant knows you take legal action, he will move out quietly. By then, your property will be vacant and all legal action costs comes to nothing. Alternatively, he can also pack up on the day the eviction notice being enforce. You cant force him to pay all arrears on that day if he refused as that is another court claim.

All in will be few months. You have to consider if this is the good method. Legal doesnt mean good.

Force eviction is the best method to deal with this type of tenant.

After the whole drama, you have to seriously consider whether you want to be a landlord again if you cant handle tenant and always going the legal way to exercise your right.

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This post has been edited by History1999: Sep 13 2020, 12:14 PM

A warrant to pay doesnt mean the tenant will pay. Bankruptcy petition is out of the question as is way below the thresshold.

TS concern is to evict the tenant. Rental arrears is secondary.

Perhaps as a worse case scenario you may opt for “cash for keys“ approach

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This post has been edited by History1999: Sep 13 2020, 12:14 PM

This is something new to me.

Delete

This post has been edited by History1999: Sep 13 2020, 12:16 PM

Nowadays, tenants very smart, they just stop paying the rental, don't answer call, the whatsapp message read but just ignore. Agent call also didn't pickup....they just stay until the 2 months + Utility deposits utilized. Tenant know owner can't do much and can not go in to the unit without any consents from tenant.

I had 1 case last month. Tenant just ignored whatever matter. My agent call also didn't pickup...go to the unit press the door bell, didn't open the door. Me as owner can not go in to my own unit because is illegal without tenant consent.

At the end, i have to make police report. But Police also can't do much unless we have court order. Need to spent few hundreds. Once the deposits utilized, the tenant only answer and move out.

What is the purpose of Tenancy Agreement? I feel bullshit for such bad tenant.

This post has been edited by lionking7791: Aug 8 2020, 03:51 PM

Delete

This post has been edited by History1999: Sep 13 2020, 12:15 PM

Part of the job need to manage. Nothing passive about landlording

Thank for sharing.
At least, at the end you managed to evict the tenant with few hundred ringgits.
Mind to share how to get the court order or whole procedure?

Thank you in advance.