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

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aaronpang
post Feb 21 2008, 02:44 PM

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

QUOTE(cody99 @ Feb 21 2008, 02:18 PM)
CUT WATER & ELECTRICITY... always work... hahaha
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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.
aaronpang
post Feb 28 2008, 03:11 PM

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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.

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

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


aaronpang
post Mar 13 2008, 05:24 PM

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

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

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

Here are articles written by actual lawyers:-

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

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

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..
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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' smile.gif
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Kewl you bring your gang tenant bring their gang... tongue.gif both side bang table until pecah kekekeke laugh.gif

This post has been edited by aaronpang: Mar 13 2008, 05:51 PM
aaronpang
post Mar 14 2008, 06:09 PM

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QUOTE(Michael J. @ Mar 14 2008, 03:35 PM)
Wah.... serious lei...

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

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

Can apply?
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I wouldn't try that on a business premises...

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

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

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

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

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

JUST FOLLOW LAW rolleyes.gif
aaronpang
post Apr 25 2008, 10:10 AM

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QUOTE(sfl @ Apr 23 2008, 11:40 AM)
Bro, thanks for reply smile.gif .but now the teenant lock my shoplot already n i call he don wanna answer sad.gif .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... hmm.gif
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Check with your lawyers on the next course of action, alternatively you can try engaging a PI to track this person down. There are ways and means to find a person, that's how banks/car repossess hunt down loan defaulters.

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

Every business has risks and this is one of them.

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

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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.
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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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