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(HELP)Teenant don wanna pay rental!, What suppose to do???
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Malefic
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Feb 20 2008, 11:51 PM
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Getting Started

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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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Malefic
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Feb 21 2008, 01:18 AM
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Getting Started

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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
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