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

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SUSgogo2
post Jan 7 2009, 12:31 AM

gogo2
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From: Penang


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?
SUSgogo2
post Jan 7 2009, 12:49 AM

gogo2
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18,672 posts

Joined: Jan 2003
From: Penang


QUOTE(toby.c13 @ Jan 7 2009, 12:39 AM)
if there is no tenancy agreement between both 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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but I think we did give me receipt when he pay rent. Does that constitute evidence
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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