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

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aurora97
post Oct 9 2015, 03:47 PM

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QUOTE(Rayshah @ Oct 9 2015, 03:27 PM)
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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Woah! Your ex-Landlord getting more and more absurd.

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
subaiku
post Jan 22 2018, 05:27 PM

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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?
gladfly
post Feb 4 2018, 10:31 PM

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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?
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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
VOOSH
post Feb 6 2018, 11:29 PM

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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
subaiku
post Feb 9 2018, 10:49 PM

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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.

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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Hi, thanks for the reply... so how does one get an eviction order? Need to get it drafted by a lawyer?
jchong
post Mar 10 2018, 11:05 AM

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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  biggrin.gif
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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
AbdulNasir
post Mar 14 2018, 10:01 PM

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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.
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biggrin.gif biggrin.gif
I almost did the same
DemonKnight
post Mar 19 2018, 06:03 PM

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how to get eviction order?

gugukrez
post Jun 21 2018, 10:03 AM

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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?
ichigo kawasaki
post Oct 3 2021, 01:50 AM

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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 ?
mini orchard
post Oct 3 2021, 06:12 AM

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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?
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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 ?
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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.
ichigo kawasaki
post Oct 3 2021, 12:29 PM

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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.

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.
*
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.

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
anakkk
post Oct 3 2021, 12:31 PM

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the TNB and water should park under his name
mini orchard
post Oct 3 2021, 12:59 PM

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QUOTE(anakkk @ Oct 3 2021, 12:31 PM)
the TNB and water should park under his name
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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.
ichigo kawasaki
post Oct 7 2021, 11:04 AM

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At last the tenant gone perhaps to make trouble to another kindest owner.
No electric .
JimbeamofNRT
post Jan 9 2022, 07:27 PM

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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.

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 scenario happened to one of our member last 2 months

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.
mini orchard
post Jan 9 2022, 08:10 PM

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QUOTE(JimbeamofNRT @ Jan 9 2022, 07:27 PM)
this scenario happened to one of our member last 2 months

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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I will tell you a frank answer ...

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
JimbeamofNRT
post Jan 9 2022, 08:17 PM

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QUOTE(mini orchard @ Jan 9 2022, 08:10 PM)
I will tell you a frank answer ...

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.
*
thank you for the reply

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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