(HELP)Teenant don wanna pay rental!, What suppose to do???
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  Feb 20 2008, 07:59 PM, updated 18y ago
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#1
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Junior Member
93 posts Joined: Jan 2008 From: JB  
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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
 .I ask him for rental but he just said 'no money' n wait a few day,  the problem is i gotto pay for bank every month.  I planning to cut the electric n force him to pay, but my fren say if i cut the electric n he sue with lawyer i will be in big troble ,so what i suppose to do now if he don wanna pay n don wanna move away from my shop????  .This post has been edited by sfl: Mar 5 2008, 01:44 PM |
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Feb 20 2008, 08:01 PM
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#2
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8,912 posts Joined: Mar 2005
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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 1st of all, do you guys are on any tenant agreement or not? .I ask him for rental but he just said 'no money' n wait a few day, the problem is i gotto pay for bank every month. I planning to cut the electric n force him to pay, but my fren say if i cut the electric n he sue with lawyer i will be in big troble ,so what i suppose to do now if he don wanna pay n don wanna move away from my shop???? . 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 |
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Feb 20 2008, 09:02 PM
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#3
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1,559 posts Joined: Nov 2005 From: Cheras
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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. |
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Feb 20 2008, 09:10 PM
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#4
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4,414 posts Joined: Feb 2005
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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. |
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Feb 20 2008, 09:24 PM
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#5
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93 posts Joined: Jan 2008 From: JB
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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? 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 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 .Added on February 20, 2008, 9:32 pm QUOTE(swhung @ Feb 20 2008, 09:02 PM) call the police..... u can try. 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 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.  This post has been edited by sfl: Feb 20 2008, 09:32 PM |
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Feb 20 2008, 10:39 PM
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#6
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3,318 posts Joined: Dec 2004 From: 1Malaysia 
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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 The fella most likely wont have a penny to enagage a lawyer in a pointless battle. |
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Feb 20 2008, 11:51 PM
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#7
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242 posts Joined: Jun 2007
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I am a tenant (of a residential property, not shop) who is currently behind on his payment
 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 |
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Feb 21 2008, 12:45 AM
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#8
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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 well said. 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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Feb 21 2008, 12:50 AM
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#9
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Senior Member
3,318 posts Joined: Dec 2004 From: 1Malaysia
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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??  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?  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"  |
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Feb 21 2008, 01:18 AM
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242 posts Joined: Jun 2007
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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  This post has been edited by Malefic: Feb 21 2008, 01:22 AM nekteo liked this post
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Feb 21 2008, 01:18 AM
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505 posts Joined: Oct 2004
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QUOTE(Pai @ Feb 21 2008, 12:50 AM) And for what damages u planning to sue your landlord?? ermm.. if wanna follow law, let's do it. 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? 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" 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 ??? |
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Feb 21 2008, 12:56 PM
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8,912 posts Joined: Mar 2005
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QUOTE(swhung @ Feb 20 2008, 09:02 PM) call the police..... u can try. What will the police do? Welcome to Malaysia bro 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.  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 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? .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 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 moneyQUOTE(ah_heng @ Feb 21 2008, 01:18 AM) ermm.. if wanna follow law, let's do it. What for need Ah-Long to involve? 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 ??? Are you crazy a not? If people life involved, you in trouble. If property damage involve, the landlord will be the 1 who suffer |
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Feb 21 2008, 02:18 PM
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734 posts Joined: Jan 2003
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This post has been edited by cody99: Jan 7 2009, 02:06 PM |
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Feb 21 2008, 02:44 PM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur
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QUOTE(swhung @ Feb 20 2008, 09:02 PM) call the police..... u can try. Malaysian police will not get involved, it's not their job to perform evictions...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. 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. |
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Feb 21 2008, 07:02 PM
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Junior Member
462 posts Joined: Feb 2007
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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 |
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Feb 22 2008, 09:31 AM
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Senior Member
2,006 posts Joined: Mar 2005 From: Truly Malaise
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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
 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. |
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Feb 23 2008, 11:35 PM
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734 posts Joined: Jan 2003
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This post has been edited by cody99: Jan 7 2009, 02:06 PM |
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Feb 25 2008, 06:01 PM
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Junior Member
344 posts Joined: Nov 2005 From: -Iceland- 
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Throw the red paint on his house gate and publish his IC and stick at the trees.. haha
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Feb 27 2008, 06:37 PM
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Junior Member
93 posts Joined: Jan 2008 From: JB
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Today the tenant pay me 1/2 month firth then see how la...
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Feb 27 2008, 07:13 PM
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9,041 posts Joined: Jan 2003
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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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Feb 28 2008, 03:11 PM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur
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QUOTE(cody99 @ Feb 23 2008, 11:35 PM) "cutting utilities is illegal, straightly not a solution". a6meister, some of you may disagree but it is not non-sense. In the case of a shop, TS expecting rental income and should work towards a win win situation.Seriously, My friend did that, guess what? It works. Fyi, it is residential property. My logic is the property belongs to the owner, if they tenant didn't obey the contract, the owner have all the right to do whatsoever with their property. Taking the high handed approach should only be a last resort... after all civilised negotiations have failed. |
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Mar 5 2008, 03:53 PM
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Senior Member
1,391 posts Joined: Jan 2003 From: KL, Malaysia
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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. |
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Mar 5 2008, 08:19 PM
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2,068 posts Joined: Nov 2006
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is your property.. on the day of the eviction.. ask police to accompany if tenant stubborn..
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Mar 12 2008, 06:42 PM
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5,613 posts Joined: Jun 2006 From: Cyberjaya, Shah Alam, Ipoh
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i'd bring my gang to 'table talk'
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Mar 13 2008, 05:24 PM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur
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QUOTE(F1meteor @ Mar 5 2008, 03:53 PM) i don't understand why cutting of the electrical and water supply are illegal? 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.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. 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. QUOTE(mych @ Mar 5 2008, 08:19 PM) is your property.. on the day of the eviction.. ask police to accompany if tenant stubborn.. So how do you get the police to accompany the landlord on the day of eviction...? Please enlighten...QUOTE(max_cavalera @ Mar 12 2008, 06:42 PM) i'd bring my gang to 'table talk' 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 |
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Mar 14 2008, 03:35 PM
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Senior Member
596 posts Joined: Jan 2006
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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? |
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Mar 14 2008, 06:09 PM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur
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QUOTE(Michael J. @ Mar 14 2008, 03:35 PM) Wah.... serious lei... I wouldn't try that on a business premises... 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? 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 |
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Mar 18 2008, 02:17 PM
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Senior Member
1,523 posts Joined: Dec 2007 From: Puchong...
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so be a tenant better that landlord..right? |
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Mar 29 2008, 10:25 PM
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347 posts Joined: Jan 2008
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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 |
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Apr 8 2008, 04:13 PM
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Senior Member
1,120 posts Joined: May 2006 From: Klang, Serdang, Seri Kembangan,Cheras 
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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 ??!!! ..^^ |
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Apr 9 2008, 02:11 PM
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1,139 posts Joined: Mar 2005
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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 QUOTE(hanif444 @ Mar 18 2008, 02:17 PM) so be a tenant better that landlord..right? for me.. it not apply to tenant and landlord.. it also apply to contractor and client.. ekkekeQUOTE(coolie @ Mar 29 2008, 10:25 PM) This idea prompts me not to pay my rental for anything as i said.. law is for those good in manipulative things... 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 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 |
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Apr 9 2008, 02:32 PM
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4,999 posts Joined: Jan 2003
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QUOTE(aaronpang @ Mar 14 2008, 06:09 PM) I wouldn't try that on a business premises... 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. 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 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 |
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Apr 21 2008, 03:08 PM
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Junior Member
52 posts Joined: Jul 2007
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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. |
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Apr 21 2008, 03:18 PM
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779 posts Joined: Jan 2003 From: Penang Island
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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. |
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Apr 22 2008, 11:45 AM
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All Stars
17,053 posts Joined: Jan 2003
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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
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Apr 22 2008, 07:57 PM
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1,359 posts Joined: Jan 2003
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QUOTE(GreenJellyBean @ Apr 21 2008, 03:18 PM) 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. 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.I strong suggest you to ask them out nicely, and discuss this over a cup of tea. Be nice to people. 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. |
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Apr 23 2008, 11:40 AM
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Junior Member
93 posts Joined: Jan 2008 From: JB
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QUOTE(Vv.SoViEt.vV @ Apr 22 2008, 07:57 PM) 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. Bro, thanks for reply 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. .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...  |
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Apr 24 2008, 03:51 AM
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Senior Member
1,768 posts Joined: Sep 2007
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lock the shoplot at night. then inform him at morning. don't pay no entry. he break the lock report police.
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Apr 24 2008, 11:26 AM
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Junior Member
431 posts Joined: Apr 2008
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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. |
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Apr 25 2008, 10:10 AM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur
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QUOTE(sfl @ Apr 23 2008, 11:40 AM) Bro, thanks for reply 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. .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... 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 » Click to show Spoiler - click again to hide... « QUOTE(zacevox @ Apr 24 2008, 03:51 AM) lock the shoplot at night. then inform him at morning. don't pay no entry. he break the lock report police. 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 |
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Apr 25 2008, 05:02 PM
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All Stars
17,053 posts Joined: Jan 2003
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QUOTE(zacevox @ Apr 24 2008, 03:51 AM) lock the shoplot at night. then inform him at morning. don't pay no entry. he break the lock report police. i'm afraid the police might come after you first |
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Apr 27 2008, 11:59 AM
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Senior Member
1,145 posts Joined: Dec 2007
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I guess the best solution is talk it out with him...
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May 2 2008, 12:51 PM
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Senior Member
3,351 posts Joined: Dec 2006
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QUOTE(geno @ Apr 21 2008, 03:08 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. Do you happen to have a draft of this notification letter so that I can write to my non-paying tenant? TIATo 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). |
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May 7 2008, 01:05 PM
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Junior Member
185 posts Joined: Jul 2005 From: the Goddess palace 
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what if i only receive sms from the owner regarding late payment as the matter of fact i just late for a day from the date which stated...
could the owner sue me from making his payment to the bank late? that is what he said why he wanna sue me lar... This post has been edited by sweetcat: May 7 2008, 01:07 PM |
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May 7 2008, 01:47 PM
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All Stars
10,912 posts Joined: Feb 2006
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my past experience with my tenant (im the main tenant which sub let to others) he owe me 2 months rental, every time ask, he said no money, salary not yet paid and bla bla
got 1 times, his father even called me and say sorry about the delay. this guy indian have caused me stuck in the cash flow. now, if any of my tenant late pay me by 15th day, i will ask him to move out, by giving him 1 month notice. story end. no need to chasing. |
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May 11 2008, 10:13 AM
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Senior Member
633 posts Joined: Apr 2006
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Reminds me of movie PACIFIC HEIGHTS.... nightmare tenant, landlord cant do anything
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May 11 2008, 11:03 PM
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All Stars
17,053 posts Joined: Jan 2003
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if a tenant decides to let the owner forfeit the deposit and goes off the landlord can take legal action?
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Oct 29 2008, 08:03 PM
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Junior Member
88 posts Joined: Jan 2003
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I have this situation.
I am the landlord. My tenant has not paid me for 3 months. The deposit he gave me initially was 2 months. We don't have a tenancy agreement (stupid agent never came back with the TA). He has been occupying my apartment for more than a year, and every month I have to chase him for payment. He doesn't live there he said. Only go there for rest some times as it is near his workplace and his house is too far. That is what he claims. I already gave him notice verbally and via SMS. The time of notice is now up. I'm planning to break into the apartment remove his stuff (probably put it in a box and keep it in the apartment first), and put the apartment up for rent again. Does my plan sound good? |
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Oct 29 2008, 09:18 PM
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Senior Member
2,068 posts Joined: Nov 2006
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No agreement signed, he can't do anything..
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Oct 29 2008, 11:08 PM
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Senior Member
3,318 posts Joined: Dec 2004 From: 1Malaysia
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Actually, since there were no agreement signed, tenant cant do anything if wideawake tries to throw his stuff away and look for a tenant.
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Jan 7 2009, 12:31 AM
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All Stars
18,672 posts Joined: Jan 2003 From: Penang
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Good advice.
So for residential: "(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." May I know what if there's no tenancy agreement between two parties? |
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Jan 7 2009, 12:39 AM
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Senior Member
1,580 posts Joined: Aug 2006
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QUOTE(gogo2 @ Jan 7 2009, 12:31 AM) Good advice. if there is no tenancy agreement between both parties..So for residential: "(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." May I know what if there's no tenancy agreement between two parties? very easy, two ways. a. kick him out n stay there with his properties. what can he do? no evidence to prove that he is renting the place.. b. call police n say illegal squatters. the same.. no evidence stating that he renting the place.. |
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Jan 7 2009, 12:49 AM
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All Stars
18,672 posts Joined: Jan 2003 From: Penang
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QUOTE(toby.c13 @ Jan 7 2009, 12:39 AM) if there is no tenancy agreement between both parties.. but I think we did give me receipt when he pay rent. Does that constitute evidencevery easy, two ways. a. kick him out n stay there with his properties. what can he do? no evidence to prove that he is renting the place.. b. call police n say illegal squatters. the same.. no evidence stating that he renting the place.. that he renting the place? But that is very long time ago. Nowaday, he just bank in the money. But he got the payment receipt to my bank account. So can I just go and take over the property? Will I get sued? Added on January 7, 2009, 12:53 amI read this online from US law: "When you don't have a written lease and have been paying rent monthly, most states will declare that you have a month-to-month rental agreement. A landlord can terminate a month-to-month rental on 20-30 days notice. However, each state has different laws regarding what type of notice is necessary: usually it has to be written notice delivered to the tenant. Then the landlord has to wait 30 days until you are illegally holding over before she can start eviction proceedings. The landlord can't lock the house until a court grants her a writ of restitution and the sheriff evicts you. Even then, she can't keep your stuff unless you owe her money. If she tries, you get to sue her for conversion/theft." This post has been edited by gogo2: Jan 7 2009, 12:53 AM |
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Jan 7 2009, 12:59 PM
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Senior Member
1,580 posts Joined: Aug 2006
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QUOTE(gogo2 @ Jan 7 2009, 12:49 AM) but I think we did give me receipt when he pay rent. Does that constitute evidence well i guess it could depend on what is written on the receipts.that he renting the place? But that is very long time ago. Nowaday, he just bank in the money. But he got the payment receipt to my bank account. So can I just go and take over the property? Will I get sued? Added on January 7, 2009, 12:53 amI read this online from US law: "When you don't have a written lease and have been paying rent monthly, most states will declare that you have a month-to-month rental agreement. A landlord can terminate a month-to-month rental on 20-30 days notice. However, each state has different laws regarding what type of notice is necessary: usually it has to be written notice delivered to the tenant. Then the landlord has to wait 30 days until you are illegally holding over before she can start eviction proceedings. The landlord can't lock the house until a court grants her a writ of restitution and the sheriff evicts you. Even then, she can't keep your stuff unless you owe her money. If she tries, you get to sue her for conversion/theft." details and such are important. if it is just written "rental Dec 08", it could be assume to be rental of other places too instead of ur premises. u do know the US law and Malaysia law are different.. we r following UK.. |
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Mar 17 2009, 01:58 PM
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Junior Member
241 posts Joined: Aug 2008 From: Safe_Trader
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Nowaday difficult to get good tenants......
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Mar 19 2009, 03:26 PM
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Senior Member
2,215 posts Joined: Nov 2007 From: Cheras, KL.
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sorry, any one can pm me a ta draft? thanks
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Mar 19 2009, 03:53 PM
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Junior Member
216 posts Joined: Mar 2009
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3 options (in order of effectiveness):-
1) Hire Gangster; 2) Hire Police; 3) Engage a lawyer. |
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Mar 19 2009, 04:08 PM
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Senior Member
986 posts Joined: Jul 2006 From: Naboo
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QUOTE(propcritic @ Mar 19 2009, 03:53 PM) 3 options (in order of effectiveness):- LOL, noticed prop kor saying 'hire' police instead of reporting to police...hahaha 1) Hire Gangster; 2) Hire Police; 3) Engage a lawyer.  This post has been edited by babana: Mar 19 2009, 04:09 PM |
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Mar 20 2009, 10:28 AM
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Senior Member
1,993 posts Joined: Sep 2007 From: ~ /firezz/ island ~
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hire police hmm .. my case.. that guy is a soldier / police himself tim ...
damn bad luck hutang me 6 months jor.. wuwuuw |
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Apr 17 2009, 09:57 PM
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Senior Member
711 posts Joined: Jan 2006
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QUOTE(FirezZ @ Mar 20 2009, 10:28 AM) hire police hmm .. my case.. that guy is a soldier / police himself tim ... wELL FirezZ , me more worst... hutang 7 bulan (after deduct 2 month deposit) damn bad luck hutang me 6 months jor.. wuwuuw beside that, TNB , Syabas hutang almost RM750++ and also spoil my kitchen, door & sinky... Each time go there, esok esok, minggu depan minggu depan, confirm ada, jangan takut, belum balik dari kerja, gaji belum keluar, masuk hospital, sikit saja mah... bla bla bla..... And this Indian tenant very tricky, at first he know you wanna kick him out, he say next month pay 2 month, when come to next month he pay only one month...then another month no money pay , say another month pay 2 month...then hutang hutang now become 7 month.... For those who are renting out and facing same problem as me, better dun lembut hati especially those are very bad record on pay rent... rugi is yourself only... I am one of the sample...haiz...... Now i have no choice to lock the door, report police saying that he din pay rent and bill. And have to be kejam sikit or else i kena buli and bare the cost of his sh...! |
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Apr 17 2009, 10:14 PM
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Senior Member
2,548 posts Joined: May 2005
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The worst category of tenants are not those who don't pay.
Landlords' nemesis = defaulting tenants who refuse to quit. I've had a lawyer who told me in capacity as a friend...to settle the problem without using the law....but kena pandai pandai sdn |
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Apr 18 2009, 02:02 PM
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Junior Member
108 posts Joined: Apr 2006 From: Skyland.... -o-
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Report police lah.... Then engage a lawyer to help you sort up your problems. I believe there must be a clause in the agreement to protect the owner rite.
Otherwise use red paint... |
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Apr 18 2009, 11:53 PM
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Junior Member
169 posts Joined: Jan 2005
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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 ask your lawyer back, or better yet, ask another lawyer, it seems that your lawyer get his fact wrongas an owner of the premise and the electricity registered under your name, you have full rights to foreclosure the account and ask TNB to cut electricity. make a police report, ask them to leave |
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Apr 19 2009, 01:42 PM
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Senior Member
711 posts Joined: Jan 2006
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QUOTE(prototype_x0 @ Apr 18 2009, 11:53 PM) ask your lawyer back, or better yet, ask another lawyer, it seems that your lawyer get his fact wrong I check with Syabas yesterday ... well what they say is , originally they suppost to cut of the water supply if as an owner of the premise and the electricity registered under your name, you have full rights to foreclosure the account and ask TNB to cut electricity. make a police report, ask them to leave a) the bill is more then the deposit b) the bill is not pay for 3 month However, i told them my bill is more then 1 year din pay and is too much over the deposit how come they din cut it ! They give excuse is too much account to handle thats why got miss out.... And i told them, wah if like that i rugi teruk la...... then they give us advise is check the bill monthly from net or syabas counter, if found out something wrong can call syabas cut the water on the spot even is not exceed the deposit. Then i ask them , ooo if cut already later wanna pasang balik then kena charge by syabas la.... ? they say yes ... RM50 pemasangan fee....  If like that i better buy a lock , lock the outdoor pipe switch which allow water to go in more good.... cheap a lot some more |
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Aug 17 2010, 11:56 PM
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Senior Member
842 posts Joined: Nov 2007
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QUOTE(propcritic @ Mar 19 2009, 03:53 PM) 3 options (in order of effectiveness):- i dun think option 1 and 2 is wise decision1) Hire Gangster; 2) Hire Police; 3) Engage a lawyer. option 3 may work if u r rich ppl why not engage a debt collector agency? |
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Aug 18 2010, 02:30 AM
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Junior Member
48 posts Joined: Dec 2009
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Hi, Im wing here , an real estate negotiator.
I just had a similiar case as yours but slightly different. The tenant should pay deposit before move in. All the cheque to be paid as deposit and first month rental is rejected. All belonging still in the unit. Can't be contact and no reply on email. It's a singaporean now they gone for 2 months already and never pay a cent. I just report police and going to see he inspector tomorrow see what advise will they give and I wil keep you guys update. |
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Sep 29 2010, 02:40 PM
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Junior Member
42 posts Joined: Sep 2006
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I have the same problem.. Just found out today that apart from not paying my rent, my tenant did not pay the electricity bill for nearly a year.. and it cost up to RM1k++
Sighzz... What's the best possible way to evict my tenant? The husband has gone overseas to work and only left the wife and kids at home.. Have already given them notice to pay.. and told them to settle it by end of the month else will not be able to renew the tenancy agreement (So happen it expires end of Sept). Any advice? |
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Sep 29 2010, 02:43 PM
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VIP
8,023 posts Joined: Jan 2003 From: :: Cheras ::
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QUOTE(fashion01 @ Sep 29 2010, 02:40 PM) I have the same problem.. Just found out today that apart from not paying my rent, my tenant did not pay the electricity bill for nearly a year.. and it cost up to RM1k++ Hmmm you took too long to rectify the issue. I'd take it as a 'stupid tax' and not renew the tenancy agreement (which is a lot better than eviction).Sighzz... What's the best possible way to evict my tenant? The husband has gone overseas to work and only left the wife and kids at home.. Have already given them notice to pay.. and told them to settle it by end of the month else will not be able to renew the tenancy agreement (So happen it expires end of Sept). Any advice? |
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Sep 29 2010, 05:57 PM
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Junior Member
359 posts Joined: Nov 2007
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QUOTE(Syd G @ Sep 29 2010, 02:43 PM) Hmmm you took too long to rectify the issue. I'd take it as a 'stupid tax' and not renew the tenancy agreement (which is a lot better than eviction). My experience with such errant tenants would be asking my lawyer to issue them a letter of demand, if no payment is made within 14 days, then you can sue them.Normally they chicken out when they get a lawyer letter, haven't had any that still don't pay after getting lawyer letter. As for utilities, you NEVER put them under your own name when you rent your property out. Putting it under your own name is just asking for trouble. This post has been edited by northface: Sep 29 2010, 06:00 PM |
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Sep 29 2010, 07:14 PM
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Junior Member
185 posts Joined: Aug 2005
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QUOTE(northface @ Sep 29 2010, 05:57 PM) My experience with such errant tenants would be asking my lawyer to issue them a letter of demand, if no payment is made within 14 days, then you can sue them. But how do the utilities bill not under our name when the property belongs to us?Normally they chicken out when they get a lawyer letter, haven't had any that still don't pay after getting lawyer letter. As for utilities, you NEVER put them under your own name when you rent your property out. Putting it under your own name is just asking for trouble. correct me if i'm wrong, my understanding is the electricity will be cut until all bill amounts are cleared regardless whose name on the bill as TNB will refer to the property itself? |
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Sep 29 2010, 07:33 PM
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Junior Member
359 posts Joined: Nov 2007
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Before you rent your place out, you cut the service and as your tenant to apply for utilities themselves.
That's how I look at it, if a tenant has no money to pay rent, they wouldn't have money to pay the utilities either. And if they can't pay their utilities then TNB or Syabas will cut their supply and they wouldn't stay long anyways. I think TNB now offers a service where you can register your utility for rented property under tenants name. And if he does move out and not pay it would be his responsibility not mine. Something like that, did not ask in detail. Anyways, I'm talking all about commercial property here. And occasionally I would ask the latest bill from the tenant just to show that he paid. No problems so far, a little more things to do, but better than ending up with a 10k electricity bill when tenant moves. |
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Sep 29 2010, 07:59 PM
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Junior Member
277 posts Joined: Oct 2009
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TNB Bills can check online....!!
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Sep 22 2015, 02:04 PM
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Senior Member
3,789 posts Joined: Aug 2007
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so conclusion is?
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Oct 8 2015, 04:35 PM
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Junior Member
28 posts Joined: Oct 2013
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What if the landlord dont want to give back deposit? I leaved the house without any damage and he said will bank in the deposit. but now after 6 month still nothing. text after text sent and he said that the house still empty. will pay me once he got tenant.
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Oct 8 2015, 05:42 PM
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Senior Member
3,789 posts Joined: Aug 2007
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QUOTE(Rayshah @ Oct 8 2015, 04:35 PM) What if the landlord dont want to give back deposit? I leaved the house without any damage and he said will bank in the deposit. but now after 6 month still nothing. text after text sent and he said that the house still empty. will pay me once he got tenant. looks like your landlord used up your deposit and waiting for another tenant to come in so that he can pay back your deposit. hahaha....on a more serious note, your landlord is very unscrupulous. you need to note down the events i.e. telephone calls, verbal promises or test msg etc... if you have a tenancy agreement, you need to prompt i.e. write to him of the provision that requires him to return your deposit after the tenancy has been terminated. Give him 14 days to respond to your letter, if no news then you can proceed to:- (a) lodge police report; and (b) file a complaint with consumer tribunal. You should arm yourself with all the facts before you go to the police station and consumer tribunal. https://ttpm.kpdnkk.gov.my/portal/index.php/en/ This post has been edited by aurora97: Oct 8 2015, 05:43 PM |
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Oct 8 2015, 05:46 PM
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Junior Member
28 posts Joined: Oct 2013
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QUOTE(aurora97 @ Oct 8 2015, 05:42 PM) looks like your landlord used up your deposit and waiting for another tenant to come in so that he can pay back your deposit. hahaha.... Yeah. Already told that to him that I want to make a police report if he keep me hanging like this, but he just said that "If i dont want to pay also can its my house what you can do?" he is one of the Pakatan rakyat MP and a syariah lawyer. Worst case will just make this viral.on a more serious note, your landlord is very unscrupulous. you need to note down the events i.e. telephone calls, verbal promises or test msg etc... if you have a tenancy agreement, you need to prompt i.e. write to him of the provision that requires him to return your deposit after the tenancy has been terminated. Give him 14 days to respond to your letter, if no news then you can proceed to:- (a) lodge police report; and (b) file a complaint with consumer tribunal. You should arm yourself with all the facts before you go to the police station and consumer tribunal. https://ttpm.kpdnkk.gov.my/portal/index.php/en/ |
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Oct 8 2015, 05:52 PM
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Senior Member
3,789 posts Joined: Aug 2007
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QUOTE(Rayshah @ Oct 8 2015, 05:46 PM) Yeah. Already told that to him that I want to make a police report if he keep me hanging like this, but he just said that "If i dont want to pay also can its my house what you can do?" he is one of the Pakatan rakyat MP and a syariah lawyer. Worst case will just make this viral. LOL wadafuq?anyway, do you have a tenancy agreement with the landlord in the first place? |
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Oct 8 2015, 06:27 PM
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Junior Member
28 posts Joined: Oct 2013
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QUOTE(aurora97 @ Oct 8 2015, 05:52 PM) LOL wadafuq? yup i have all tenancy agreement and monthly payment receipt. all whatsapp conversationanyway, do you have a tenancy agreement with the landlord in the first place? |
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Oct 8 2015, 09:16 PM
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Senior Member
3,789 posts Joined: Aug 2007
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QUOTE(Rayshah @ Oct 8 2015, 06:27 PM) yup i have all tenancy agreement and monthly payment receipt. all whatsapp conversation What does your agreement say about return of deposits? |
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Oct 9 2015, 03:27 PM
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Junior Member
28 posts Joined: Oct 2013
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QUOTE(aurora97 @ Oct 8 2015, 09:16 PM) What does your agreement say about return of deposits? Something like this :All of the deposit will be pay back by the owner once the tenant moved out from the premises with two month notice (which I have already did) and if there are any damage to the premise, the owner can deduct from the deposit (the house is really neat without a single hole on it) Just call him and he said that if i want my deposit back fast just find a tenant and take the deposit from them. |
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Oct 9 2015, 03:47 PM
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Senior Member
3,789 posts Joined: Aug 2007
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QUOTE(Rayshah @ Oct 9 2015, 03:27 PM) Something like this : Woah! Your ex-Landlord getting more and more absurd.All of the deposit will be pay back by the owner once the tenant moved out from the premises with two month notice (which I have already did) and if there are any damage to the premise, the owner can deduct from the deposit (the house is really neat without a single hole on it) Just call him and he said that if i want my deposit back fast just find a tenant and take the deposit from them. Here’s a sample letter to deal with this joker. » Click to show Spoiler - click again to hide... « After the 14 days, if you have yet to receive payment from your ex-landlord. Proceed to file a claim with Consumer Tribunal. You don't need a lawyer and filing a claim only cost your RM 5-10? Also, you will get your decision immediately. If he refuses to pay out even when decision is given in your favour, non-compliance is a criminal offence. This post has been edited by aurora97: Oct 9 2015, 03:53 PM |
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Jan 22 2018, 05:27 PM
Show posts by this member only | IPv6 | Post
#82
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Junior Member
445 posts Joined: Oct 2008
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Hi all, sorry for reviving this thread. So if in a situation where the tenancy agreement is over, and the tenant continues to not pay rent, means you can do anything? eg. Go lock gates, cancel electricity etc?
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Feb 4 2018, 10:31 PM
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Senior Member
579 posts Joined: Mar 2010
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QUOTE(subaiku @ Jan 22 2018, 05:27 PM) Hi all, sorry for reviving this thread. So if in a situation where the tenancy agreement is over, and the tenant continues to not pay rent, means you can do anything? eg. Go lock gates, cancel electricity etc? You need to eviction order. But you can claim double rental for each month that the tenant refuses to vacate the property. Its a hassle but that the legal way of doing it. Other methods may work but i don't really recommend it |
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Feb 6 2018, 11:29 PM
Show posts by this member only | IPv6 | Post
#84
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Junior Member
79 posts Joined: May 2012 From: Klang Valley
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QUOTE(subaiku @ Jan 22 2018, 05:27 PM) Hi all, sorry for reviving this thread. So if in a situation where the tenancy agreement is over, and the tenant continues to not pay rent, means you can do anything? eg. Go lock gates, cancel electricity etc? You get into big trouble if u done that and your this tenant knows law and sues you back. Go google malaysia tenancy law. There are some lawyers who have posted that topic online before. have a look |
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Feb 9 2018, 10:49 PM
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Junior Member
445 posts Joined: Oct 2008
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QUOTE(gladfly @ Feb 4 2018, 10:31 PM) You need to eviction order. But you can claim double rental for each month that the tenant refuses to vacate the property. Hi, thanks for the reply... so how does one get an eviction order? Need to get it drafted by a lawyer?Its a hassle but that the legal way of doing it. Other methods may work but i don't really recommend it |
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Mar 10 2018, 11:05 AM
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Senior Member
5,989 posts Joined: Nov 2005
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QUOTE(Malefic @ Feb 21 2008, 01:18 AM) 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 The same can be said for the tenant, because in practice it would be the tenant who would have to initiate the legal proceedings against the landlord for kicking out the tenant unfairly.So the tenant also has to spend his time and money for legal fees to pursue the case. While the law might favor the tenant and the tenant might eventually win the case, he's got to last through the lengthy legal battle first. How many tenants are in a position to do that? Edit: just realized I'm replying to a 10-year old post. This post has been edited by jchong: Mar 10 2018, 11:08 AM |
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Mar 14 2018, 10:01 PM
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Newbie
2 posts Joined: Feb 2018
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QUOTE(jchong @ Mar 10 2018, 06:05 AM) The same can be said for the tenant, because in practice it would be the tenant who would have to initiate the legal proceedings against the landlord for kicking out the tenant unfairly. So the tenant also has to spend his time and money for legal fees to pursue the case. While the law might favor the tenant and the tenant might eventually win the case, he's got to last through the lengthy legal battle first. How many tenants are in a position to do that? Edit: just realized I'm replying to a 10-year old post. I almost did the same |
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Mar 19 2018, 06:03 PM
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Junior Member
238 posts Joined: Jun 2008
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how to get eviction order?
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Jun 21 2018, 10:03 AM
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Senior Member
943 posts Joined: Jun 2010
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One question..
If a tenant rented the unit without tenancy agreement.. can the landlord kick them out without proceed to law? |
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Oct 3 2021, 01:50 AM
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Junior Member
252 posts Joined: May 2019
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I wondered that too. Without tenancy agreement, just verbal ,what can Owner of the house do to evict the non paying tenant ?
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Oct 3 2021, 06:12 AM
Show posts by this member only | IPv6 | Post
#91
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All Stars
14,511 posts Joined: Sep 2017
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QUOTE(gugukrez @ Jun 21 2018, 10:03 AM) One question.. If a tenant rented the unit without tenancy agreement.. can the landlord kick them out without proceed to law? QUOTE(ichigo kawasaki @ Oct 3 2021, 01:50 AM) I wondered that too. Without tenancy agreement, just verbal ,what can Owner of the house do to evict the non paying tenant ? Not every agreement must be in writing to be enforced. It is just more difficult to prove that there is in fact an agreement or mutual understanding.....for example if there is a witness (preferably a non related person) willing to testify that there was as agreement or a security deposit receipt or monthly rental receipts or bank statement.If the tenant dispute that there is no TA, then he is consider an 'illegal occupier". He cant be living in the property without the 'consent' (verbal agreement) of the 'landlord' in the first place. What can the landlord do in respect of an illegal occupier ? ..... 1. Give notice to vacate; 2. Lodge a police report; 3. Disconnect utilities supply; 4. Lock up the property (Ensure no occupier is inside for safety reason). An illegal CANNOT claim immunity from legal process. |
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Oct 3 2021, 12:29 PM
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Junior Member
252 posts Joined: May 2019
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QUOTE(mini orchard @ Oct 3 2021, 06:12 AM) Not every agreement must be in writing to be enforced. It is just more difficult to prove that there is in fact an agreement or mutual understanding.....for example if there is a witness (preferably a non related person) willing to testify that there was as agreement or a security deposit receipt or monthly rental receipts or bank statement. That mean, Owner can cut water, can request TNB cabut meter already and blocking entry card access. Then everybody wait he produces a Tenancy Agreement to any authority if he going to argue any action by house owner. If the tenant dispute that there is no TA, then he is consider an 'illegal occupier". He cant be living in the property without the 'consent' (verbal agreement) of the 'landlord' in the first place. What can the landlord do in respect of an illegal occupier ? ..... 1. Give notice to vacate; 2. Lodge a police report; 3. Disconnect utilities supply; 4. Lock up the property (Ensure no occupier is inside for safety reason). An illegal CANNOT claim immunity from legal process. This much better for the illegal occupier (if he realized) than the owner throw water to the electric fuse wire and/or epoxy the lock. Thanks. This post has been edited by ichigo kawasaki: Oct 3 2021, 12:32 PM |
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Oct 3 2021, 12:31 PM
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Senior Member
2,113 posts Joined: Apr 2013
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the TNB and water should park under his name
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Oct 3 2021, 12:59 PM
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#94
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All Stars
14,511 posts Joined: Sep 2017
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QUOTE(anakkk @ Oct 3 2021, 12:31 PM) the TNB and water should park under his name There is no advantage of having the utilities under the tenant's name .... in the end, the landlord still have to settle the problem of arrears if tenant refuses. |
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Oct 7 2021, 11:04 AM
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Junior Member
252 posts Joined: May 2019
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At last the tenant gone perhaps to make trouble to another kindest owner.
No electric . |
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Jan 9 2022, 07:27 PM
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#96
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Senior Member
1,902 posts Joined: Sep 2012
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QUOTE(mini orchard @ Oct 3 2021, 06:12 AM) Not every agreement must be in writing to be enforced. It is just more difficult to prove that there is in fact an agreement or mutual understanding.....for example if there is a witness (preferably a non related person) willing to testify that there was as agreement or a security deposit receipt or monthly rental receipts or bank statement. this scenario happened to one of our member last 2 monthsIf the tenant dispute that there is no TA, then he is consider an 'illegal occupier". He cant be living in the property without the 'consent' (verbal agreement) of the 'landlord' in the first place. What can the landlord do in respect of an illegal occupier ? ..... 1. Give notice to vacate; 2. Lodge a police report; 3. Disconnect utilities supply; 4. Lock up the property (Ensure no occupier is inside for safety reason). An illegal CANNOT claim immunity from legal process. What if the TA is signed by both parties but not stamped? the landlord just plain lazy to pay LHDN. now kana already. really padam muka. and now the tenant MIA already after didnt pay for 3 months. deposit only 1 month. |
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Jan 9 2022, 08:10 PM
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#97
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All Stars
14,511 posts Joined: Sep 2017
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QUOTE(JimbeamofNRT @ Jan 9 2022, 07:27 PM) this scenario happened to one of our member last 2 months I will tell you a frank answer ...What if the TA is signed by both parties but not stamped? the landlord just plain lazy to pay LHDN. now kana already. really padam muka. and now the tenant MIA already after didnt pay for 3 months. deposit only 1 month. The TA is a 'useless' piece of agreement unless either party wish to pursue right to the end .... meaning go as far to declare the defaulter bankrupt. This will incurred more money to recover after bad money. The TA can still be stamped, just pay penalty for late stamping. This post has been edited by mini orchard: Jan 9 2022, 08:13 PM |
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Jan 9 2022, 08:17 PM
Show posts by this member only | IPv6 | Post
#98
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Senior Member
1,902 posts Joined: Sep 2012
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QUOTE(mini orchard @ Jan 9 2022, 08:10 PM) I will tell you a frank answer ... thank you for the replyThe TA is a 'useless' piece of agreement unless either party wish to pursue right to the end .... meaning go as far to declare the defaulter bankrupt. This will incurred more money to recover after bad money. The TA can still be stamped, just pay penalty for late stamping. that's what I thought. told her the cost to engage loyar not cheap these days. furthermore the amount is not that much. less than rm5K IIRC. btw as far as I can recall the TA already expired, still can do the late stamping? but like you said, what's the point? |
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