In the case of a shop, TS expecting rental income and should work towards a win win situation.

Taking the high handed approach should only be a last resort... after all civilised negotiations have failed.

i don't understand why cutting of the electrical and water supply are illegal?
it's your property, the tenant hasn't pay rental for 2 months, he/ she is not the legal tenant anymore.
who cares if i cut my own electrical and water supply?
my neighbor sue me? certainly not the ex-tenant can sue me.
he's nothing to my property.

is your property.. on the day of the eviction.. ask police to accompany if tenant stubborn..

i'd bring my gang to 'table talk'

There are many reasons why landlords shouldn't take the law into their own hands, it's been pointed out before, clearly should read or try to understand previous posts.

True the individuals may no longer be legal tenants but there is due process to follow.

How sure are you that an ex-tenant can't sue you or counter-claim for cutting utilities...?

Here are articles written by actual lawyers:-

http://www.taypartners.com.my/resource_dl/...mber%202006.pdf - why you can't evict someone without a court order.

http://www.leesweeseng.com/TenancyManagement.ppt - this slide is very informative demonstrates why stupid ideas like changing locks and seizing tenants goods can get landlords sued

There are many cases where tenants can sue landlords for attempting dumb stunts to evict them.

So how do you get the police to accompany the landlord on the day of eviction...? Please enlighten...

Kewl you bring your gang tenant bring their gang... both side bang table until pecah kekekeke

This post has been edited by aaronpang: Mar 13 2008, 05:51 PM

Wah.... serious lei...

But how about doing this? Not sure it works with business units, but worked for residential unit:

(i) Tenant failed to pay 4 month's rental. Tenant gave excuses after excuses. Gave tenant notice of eviction. Got tenant to sign and acknowledged by Declarer of Oath.
(ii) Eviction period due, tenant failed to evict. Lodged police report about 'illegal occupation of vacant residence', i.e. tresspassing. Police gave go-ahead to break locks and remove items not belonging to said vacant property.

Can apply?

I wouldn't try that on a business premises...

If goods or equipment go missing/damaged or if it doesn't belong to the tenant the landlord could be held liable.

The legal owners of the goods can take legal action to recover such goods or make landlords pay for losses.

Also since the landlord removed the items without a court official present. It's very hard to prove if goods were accounted for during the eviction or if anything was stolen... nobody impartial has recorded what the items present are and what's gone missing.

It might work if the tenants don't know their rights, they would just pick-up and leave.

However doing so exposes landlords to legal action and could result in the landlord getting sued and paying for losses

JUST FOLLOW LAW

so be a tenant better that landlord..right?

This idea prompts me not to pay my rental for anything If the law is so unreasonable, then there is no law. There has to be a way to make things easier. I don't really like to get my hands dirty, so i prefer the civilize way

don giv a damn.

jz halau.

rental oso cant pay.
how to hire lawyer ?
if hire lawyer sue you.
u sue him bek la.
can hire lawyer but dunwan pay rental.

sei mei ??!!!
..^^

agree with u on law in malaysia.. the victim will suffer more...

one who good on manipulative will always win.. and not the truth

i'm not experience in property legal process but for me.. the most importtant thing when dealing with lawyer is "evidence" or paper..

in my experience... tenant can simply put that
1. he didn't being notified by owner about the late payment.
2. he might also already pay to you.. but the account is invalid and owner can not contacted.
3. there is no clause in you agreement stated that within 2 months tenant not paying the rent, he must quit.
4. owner do not sent any notification to vacant the shop.


just my legal experience.. tough talking to lawyer.. everything must with supporting document and must VALID

for me.. it not apply to tenant and landlord.. it also apply to contractor and client.. ekkeke

as i said.. law is for those good in manipulative things...

for example..
1. if u buying house under construction and and after few years project abandon.. is it so easy for you to claim anything to developers? no .. i don';t so....

This post has been edited by ganz: Apr 9 2008, 02:19 PM

I think in his case where there's already a court order and grace period for him to move out and yet he haven't move out, i don't think this is applicable.

However if i was the landlord I would ask a lawyer to draft a contract in addition to the standard tenancy agreement that the landlord reserves the right to evict, cut supply, confisicate goods etc in the event that 3 months rental is not paid etc and the tenant must sign the contract if they want to rent the property. This contract will overule whatever tenancy agreement after three months of not paying.
If the tenant is those type who knows that he won't pay the rental,he will be hesitant to sign it and you as landlord will be able to filter those type of tenants automatically.

This post has been edited by Drian: Apr 9 2008, 02:34 PM

depends how your TA is drafted. Usually my TA mentions the tenant will pay for the legal fees if they have a default on their part.

To take action against them make sure u have sent them at least 3 notifications (with the Tenants acknowledge receipt) on their delay in paying rental. After 3 official letters sent, u can goto any legal firm and proceed to ask them send a Letter of demand(LOD). If they were to pay after the LOD then they will have to pay for the legal charges as well for issuance of the LOD. If they still dont pay you can bring this matter to court, u will need court order together with a bailif to evict them.

seriously, with all this legal process of asking the lawyer to write this letter and that letter, you will just end up giving all the money to the lawyers. They will be the one laughing to the bank.

I strong suggest you to ask them out nicely, and discuss this over a cup of tea. Be nice to people.

like that i also want to be bad tenant le lol.... last time i remembered you need a bailiff to help you lock the premises before doing something.... that was a shoplot...not sure if the same applies here

like geno said it depends on how your TA drafted. Tenant sign your TA, hes bound under it. If he does not meet the condition, after sending 3 notifications, landlord's lawyer will sue them. Based on TA, the tenant has to bear the legal cost. If the tenant is smart, he will settle outside without involving legal issue or he has bear all legal cost.

If the tenant still refused to pay, the landlord can bring this to court and officially sue them. By this time, it is too late to negotiate outside court bcoz landlord had engaged a lawyer. Landlord get court order, tenant is gone case.

The process is long and for my case, simple. Hire gangster goreng them upside down, everyday and they will leave soon.

Bro, thanks for reply .but now the teenant lock my shoplot already n i call he don wanna answer .But if i send lawyer notification to the teenant but the address at TA is not the teenant current address so he can't get the notification so how ah...

lock the shoplot at night. then inform him at morning. don't pay no entry. he break the lock report police.

that's why the landlord must be smart on choosing the tenants..

what you can do now is give him final date and prepare legal action.. don't cut water/electricity yet.. or damage any his asset..

you need act this as soon as possible... seriously.. right now.

Check with your lawyers on the next course of action, alternatively you can try engaging a PI to track this person down. There are ways and means to find a person, that's how banks/car repossess hunt down loan defaulters.

Sadly when a tenancy deal goes bad, you as the landlord will be the hardest hit as the law don't offer immediate legal protection and it could be costly to recover rent or evict the persons.

Every business has risks and this is one of them.

While I agree self-help will work you'll have to be careful because some tenants are unscrupulous and could be plotting to make money.

BBQ Sauce - Malaysian Bar



You can't do that; check your facts before offering ill-advice... read the links I've posted. Landlords can get into legal troubles for prescribing to self-help methods such as barring entry into the premises without a court order.

Goods in the premises may not even belong to the tenants, which will further complicate matters.

This post has been edited by aaronpang: Apr 25 2008, 10:14 AM