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 (HELP)Teenant don wanna pay rental!, What suppose to do???

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TSsfl
post Feb 20 2008, 07:59 PM, updated 18y ago

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Hai all,just wanna ask i got a tenant rented my shoplot about 1/2 year already,but now almost 2 month he didn't pay the rental already vmad.gif .I ask him for rental but he just said 'no money' n wait a few day, mad.gif the problem is i gotto pay for bank every month. rclxub.gif I planning to cut the electric n force him to pay, vmad.gif but my fren say if i cut the electric n he sue with lawyer i will be in big troble rclxub.gif ,so what i suppose to do now if he don wanna pay n don wanna move away from my shop???? sad.gif sad.gif .

This post has been edited by sfl: Mar 5 2008, 01:44 PM
Joshua_0718
post Feb 20 2008, 08:01 PM

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QUOTE(sfl @ Feb 20 2008, 07:59 PM)
Hai all,just wanna ask i got a teenant rented my 2 storey shoplot about 1/2 year already,but now almost 2 month he didn't pay the rental already vmad.gif .I ask him for rental but he just said 'no money' n wait a few day, mad.gif the problem is i gotto pay for bank every month. rclxub.gif I planning to cut the electric n force him to pay, vmad.gif but my fren say if i cut the electric n he sue with lawyer i will be in big troble rclxub.gif ,so what i suppose to do now if he don wanna pay n don wanna move away from my shop???? sad.gif  sad.gif .
*
1st of all, do you guys are on any tenant agreement or not?

No worries. Tell them if they are not going to pay, their deposit will be forfeited, according to the our standard tenant agreement which I read last week. Meaning when they move out, their deposit couldn't get back also, due to during rental period, they didn't fulfill the term & condition. But usually late payment or didn't pay, owner are very flexible with it and do not want to threaten with deposit.

There is other way by telling them that if they don't really co-operate with you throughout the rental period, you won't renew their tenant agreement with them and this will bring problem for them and their business

If it is under your name for the electricity bill, why not? But I am unsure of this

This post has been edited by Joshua_0718: Feb 20 2008, 08:13 PM
swhung
post Feb 20 2008, 09:02 PM

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call the police..... u can try.
at least scare them a little.
about the electricity, just cut it only, who gives a damn,
i bet the fella wont even have the money to hire a lawyer to sue u.
crapp0
post Feb 20 2008, 09:10 PM

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I've some experience in these matters i've rented out a shoplot and a residential house and i've always insisted that the electric and water bills be in the tenants name since i've had the bad experience of tenants running away without paying both rent and electricity bills.

And since the electric bill is not in the tenants name but mine, i had to fork out my own money for the tenants faults since if its in their name, then the problem with TNB is squarely on the tenant and not me the landlord.
TSsfl
post Feb 20 2008, 09:24 PM

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QUOTE(Joshua_0718 @ Feb 20 2008, 08:01 PM)
1st of all, do you guys are on any tenant agreement or not?

No worries. Tell them if they are not going to pay, their deposit will be forfeited, according to the our standard tenant agreement which I read last week. Meaning when they move out, their deposit couldn't get back also, due to during rental period, they didn't fulfill the term & condition. But usually late payment or didn't pay, owner are very flexible with it and do not want to threaten with deposit.

There is other way by telling them that if they don't really co-operate with you throughout the rental period, you won't renew their tenant agreement with them and this will bring problem for them and their business

If it is under your name for the electricity bill, why not? But I am unsure of this
*
Yes Bro,i have tenant agreement but deposit is for 2 month only,so after 2 month if he move that ok la...but if after 2 month he don wanna move n keep doing business rclxub.gif .


Added on February 20, 2008, 9:32 pm
QUOTE(swhung @ Feb 20 2008, 09:02 PM)
call the police..... u can try.
at least scare them a little.
about the electricity, just cut it only, who gives a damn,
i bet the fella wont even have the money to hire a lawyer to sue u.
*
I have ask a lawyer,he said if u cut the electric n the tenant can't work without electric,if he sue,i gonna bear all his financial loss cos of no electric to use doh.gif

This post has been edited by sfl: Feb 20 2008, 09:32 PM
Pai
post Feb 20 2008, 10:39 PM

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QUOTE(sfl @ Feb 20 2008, 09:24 PM)
I have ask a lawyer,he said if u cut the electric n the tenant can't work without electric,if he sue,i gonna bear all his financial loss cos of no electric to use  doh.gif
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The fella most likely wont have a penny to enagage a lawyer in a pointless battle.


Malefic
post Feb 20 2008, 11:51 PM

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I am a tenant (of a residential property, not shop) who is currently behind on his payment tongue.gif Let me tell you, Malaysian law favours tenants.

You need to talk to your tenant respectfully and tactfully. "Tough guy" approaches usually don't work. If my landlord breaks any law trying to evict me, heck ... I'll sue for damages.

I know of a guy who has been walking up and down the courts for seven months to get a court order to evict a tenant and still have not so done yet.

Since this is an investment subsection, some ppl might think it's easy to get rich tru property investment. Let me tell u, it's not that easy (this last 2 sentences are not directed at you, TS)

This post has been edited by Malefic: Feb 20 2008, 11:51 PM
SUSN's
post Feb 21 2008, 12:45 AM

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QUOTE(Malefic @ Feb 20 2008, 11:51 PM)
I am a tenant (of a residential property, not shop) who is currently behind on his payment  tongue.gif  Let me tell you, Malaysian law favours tenants.

You need to talk to your tenant respectfully and tactfully. "Tough guy" approaches usually don't work. If my landlord breaks any law trying to evict me, heck ... I'll sue for damages.

I know of a guy who has been walking up and down the courts for seven months to get a court order to evict a  tenant and still have not so done yet.

Since this is an investment subsection, some ppl might think it's easy to get rich tru property investment. Let me tell u, it's not that easy (this last 2 sentences are not directed at you, TS)
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well said. thumbup.gif
Pai
post Feb 21 2008, 12:50 AM

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QUOTE(Malefic @ Feb 20 2008, 11:51 PM)
You need to talk to your tenant respectfully and tactfully. "Tough guy" approaches usually don't work. If my landlord breaks any law trying to evict me, heck ... I'll sue for damages.
*
And for what damages u planning to sue your landlord?? rolleyes.gif

If u can actually afford to sue your landlord, that means u can afford to pay the rent on time, but you CHOOSE not to. Geez, I really wonder who will the judge sides too and would end up paying all the legal bills? whistling.gif

TS, next time pls be more selective when choosing tenants. And always remember to put THAT extra clause in the tenancy agreement to protect yourself next time. Its your property, your terms. Also, it would do you good if u have several frens whom are quite "gifted" in "collections" wink.gif


Malefic
post Feb 21 2008, 01:18 AM

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Let me quote a post in a forum i frequent from an experienced real estate agent with the nick "Pak Kadok".

QUOTE
Do take note that under the law, the Landlord is NOT allowed to force himself into the property when the Tenant is still living there, or to illegal lock up the property or to change the lock, etc. That is trepassing. There has been a legal precedent on this, whereby, the Court has found the landlord guilty. The Landlord was advised by the judge to pursue the errant Tenant in the Court Of Law & not to take the law into his own hands.

The simple analogy would be like the relative of a murdered victim killing the alleged murderer. This relative will most probably have to face the gallows himself.

If your Tenant has not paid the rent, you have to get a court order to evict him. This will be a lengthy process.

Do take note that even if the Tenancy Agreement has a covenant allowing you to lock up your property, etc, it is in reality something that cannot be legally enforced under the law.

If you don't believe, just ask any lawyer.


As I wrote, it's better if the landlord negotiate nicely. Unless the landlord is very rich, it is not in his interest to get involved in a lengthy legal battle ... remember, the landlord has to spend lots of time and $ for legal fees for a battle he might not win biggrin.gif

This post has been edited by Malefic: Feb 21 2008, 01:22 AM
ah_heng
post Feb 21 2008, 01:18 AM

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QUOTE(Pai @ Feb 21 2008, 12:50 AM)
And for what damages u planning to sue your landlord??  rolleyes.gif

If u can actually afford to sue your landlord, that means u can afford to pay the rent on time, but you CHOOSE not to. Geez, I really wonder who will the judge sides too and would end up paying all the legal bills?  whistling.gif

TS, next time pls be more selective when choosing tenants. And always remember to put THAT extra clause in the tenancy agreement to protect yourself next time. Its your property, your terms. Also, it would do you good if u have several frens whom are quite "gifted" in "collections"  wink.gif
*
ermm.. if wanna follow law, let's do it.

Give them an official letter to inform them to pay all outstanding rent within let's say 14 days. In the letter, tell them what will happen if they don't (for instance, cut water & electricity). So if they wanna sue u then, no choice cos you have properly inform them and given them sufficient notice.

On the other hand, you need any "numbers" of those ex- ah long whom still has a bunch of gangs to "execute on his instructions wink.gif???
Joshua_0718
post Feb 21 2008, 12:56 PM

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QUOTE(swhung @ Feb 20 2008, 09:02 PM)
call the police..... u can try.
at least scare them a little.
about the electricity, just cut it only, who gives a damn,
i bet the fella wont even have the money to hire a lawyer to sue u.
*
What will the police do? Welcome to Malaysia bro yawn.gif
Some people might just do not want to pay rental even though they have the money

QUOTE(sfl @ Feb 20 2008, 09:24 PM)
Yes Bro,i have tenant agreement but deposit is for 2 month only,so after 2 month if he move that ok la...but if after 2 month he don wanna move n keep doing business  rclxub.gif .


Added on February 20, 2008, 9:32 pm
I have ask a lawyer,he said if u cut the electric n the tenant can't work without electric,if he sue,i gonna bear all his financial loss cos of no electric to use  doh.gif
*
After 2 months if still don't want to move, legal action can be taken. Moreover, you can log a police report saying illegal tenant?

QUOTE(Pai @ Feb 20 2008, 10:39 PM)
The fella most likely wont have a penny to enagage a lawyer in a pointless battle.
*
Some people might just do not want to pay rental even though they have the money

QUOTE(ah_heng @ Feb 21 2008, 01:18 AM)
ermm.. if wanna follow law, let's do it.

Give them an official letter to inform them to pay all outstanding rent within let's say 14 days. In the letter, tell them what will happen if they don't (for instance, cut water & electricity). So if they wanna sue u then, no choice cos you have properly inform them and given them sufficient notice.

On the other hand, you need any "numbers" of those ex- ah long whom still has a bunch of gangs to "execute on his instructions wink.gif???
*
What for need Ah-Long to involve? doh.gif
Are you crazy a not? If people life involved, you in trouble. If property damage involve, the landlord will be the 1 who suffer
cody99
post Feb 21 2008, 02:18 PM

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This post has been edited by cody99: Jan 7 2009, 02:06 PM
aaronpang
post Feb 21 2008, 02:44 PM

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QUOTE(swhung @ Feb 20 2008, 09:02 PM)
call the police..... u can try.
at least scare them a little.
about the electricity, just cut it only, who gives a damn,
i bet the fella wont even have the money to hire a lawyer to sue u.
*
Malaysian police will not get involved, it's not their job to perform evictions...

QUOTE(cody99 @ Feb 21 2008, 02:18 PM)
CUT WATER & ELECTRICITY... always work... hahaha
*
I disagree please don't simply cut power and water, they can sue for business loss or material loss, ie like restaurants - food goes bad etc.

You'll be liable to pay for damages.



The right way to do it is follow the guidelines of your tenancy agreement, give notice and work out a solution.

They might have hit a bad patch. Try to arrange for partial payments and settle the balance when business picks up.

Engage a lawyer, if the tenant isn't interested in cooperating.
a6meister
post Feb 21 2008, 07:02 PM

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please, be rasional by commenting nonesensely of cutting utilities and calling police.

cutting utilities is illegal, straightly not a solution.

i personally have not, and dont wish to encounter this problem, but what i have heard of is the landlord will need to send the tenant a letter of arrear payment. and bring the case to court. please be noted that contract between tenant and landlord must be stamped, without it, it is inadmisible in the court.

the fraudster will have to bare all the fees in court and thereafter, u might also deserve the right to seize the tenants properties ( example, tv, etc ) to be auctioned off.

I am not 100% sure about above, hope somebody will get it clarified from a lawyer and let us know too.


Thanks
iamsobloodysick
post Feb 22 2008, 09:31 AM

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I believe this issue is common and is faced by most landlords. It all depends on your luck whether you get a nice tenant or not. My dad is a "veteran" but still he can't avoid problematic tenants. Like what Malefic has said, Malaysian Laws favour the tenants. We have one tenant who is in the cybercafe business. She is not only reluctant to pay the rents, she hasn't fully paid the utility bills which total up to ~RM50k. She promised she'd settle the bills if the rentals were reduced. But she didn't!!! The bills are under my dad's name so the worst case is we have to fork out our own money to settle the bills. We've requested the help from police and bad guys smile.gif smile.gif smile.gif but to no avail. Now my dad already hired a lawyer to evict the fierce lady. We rather leave the shoplots vacant, settle the bills ourselves, than renting the shoplots to her.
cody99
post Feb 23 2008, 11:35 PM

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This post has been edited by cody99: Jan 7 2009, 02:06 PM
-Mogwai-
post Feb 25 2008, 06:01 PM

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Throw the red paint on his house gate and publish his IC and stick at the trees.. haha
TSsfl
post Feb 27 2008, 06:37 PM

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Today the tenant pay me 1/2 month firth then see how la...
acbc
post Feb 27 2008, 07:13 PM

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I too don't pay my landlord on time... but he knows I'm very bz and he is also bz with own businesses. But, when I do pay, it is usually 4-6 months of rental together.

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