Hi,everybody .I rented my shoplot to a tenant for rm400 per month.He rented my shoplot just for using as a store,so till now about 4 month he didn't pay the rental n i call him he don wanna answer my call .I try go there but shop always close so i ask ppl around there they say the tenant come 1-2 time for a week,so i decided to get a lawyer to settle my problem .But the problem is how much gotto spend .If anybody know please tell me.

He didnt pay for 4 months already?

I'm not totally familiar with the law, but how about getting a court order to seal the premises so he can't get in or get his goods out? He'd probably call you then.

make a police report.

If there are binding tenancy agreement in place, then you can straight away go to the nearest police station with your tenancy agreement to lodge a police report against the tenant for defaulting 4 months of rental payment and tell them you wanted to exercise your rights in clause with the tenancy agreement. Standard tenancy agreement would covers you to eradicate the tenant by giving certain period of notice. If the tenant fails to respond within the serve notice period, then you can get the help of the police to supervise your action in removing the tenant and all its contents if necessarily.

did you sign any tenant contact with him/her? if got then it will help a lot.... if not then i suggest you break the locks n replace with new 1..... let him/her to contact you.

Ya.. Do u sign any agreement or contract?

Btw dont break the locks, u also dont have the right to break the locks... Later he sue u back say u steal his things...

I got tenancy agreement for 2 year,but now almost 7 month already.

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Added on April 17, 2008, 1:40 pmI ask my fren about seal the premises but he say must do step by step .first gotto use lawyer to send notice to tenant for 3 time if no feedback then the lawyer will apply court to seal the premises but gotto take around 1/2 year donno true or not

This post has been edited by myvi3332: Apr 17 2008, 01:40 PM

em... have u try to use other phones to call him...?

if don hav any agreement, how is him gonna sue u? u owned the shop, things inside muz be urs la....

Yeah, if you're covered by the contract, the go ahead and take action.

One way or another you've to engage the lawyer or authorities to "get" your shop back.

Compensation and Recovery of cost is another issue, main thing is to get your shop back.

i use many diferent number to call him but not work .

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Added on April 17, 2008, 1:59 pmi have go to the nearest police ststion but the police said it not their business

This post has been edited by myvi3332: Apr 17 2008, 01:59 PM

my plain advice... if u want to go on legal.. make it properly... justice is not base on truth (who is right or wrong).. but merely on the paper work...(evidence)


in ur contract must mentioned about the cancellation of contract.. such..

1. Rental must be paid not later than ... each month.
2. Failure to pay rental for 2 consecutive month may terminate this contract or so..

send him a letter of warning...to be answer within 14 days..

VIA AR Register.. using address given in the contract.. this will be use against in court (in future) to show that u already notice him via VALID address regardless the mail is returned to you back or not.


then follow up with last warning letter....

then u can go to the police... report u shop is being used by other people..
contract u both sign is terminated already..

it just straight forward but if he insist of going to court at least u ave evidence of termination of contract..

using lawyer is just to formalize the process.. because term and condition in Condition of Contract sometime tricky and not favour to you.. By the way.. who prepare the contract??



This post has been edited by ganz: Apr 17 2008, 02:37 PM

My view is that for a mere 2,000 dollars, it is not economically viable to go into court settlement.

The key is to get your shop back and lease to another.

.. that why i ask TS just to send a letter.. just incase...

just go and ask those lawyer, how much is the charges for this and then u can proceed. if u ask they dont charge u money.

just refer back to yur lawyer that u purchase this shop..

This post has been edited by cannondale>: Apr 17 2008, 03:50 PM

there was a forumer with a similar problem several months back, i'll put his thread link here.

http://forum.lowyat.net/topic/635476

the thread died down last month, perhaps the TS could've found a solution to his problem? i'd suggest that you try to pm the TS and see if he has solved his problem, maybe it'll help.

sorry but that's the best i can do, never had this kind of experience before, and hope that can help.

That's why next time it's cheaper to draft a one page contract saying that all tenancy agreement is deem null and void in an event that 3 months rent is not paid.

If he had signed that you could just cut the electricity bill lock the shop without any implicaiton.

the contract are not that expenisve, normally they will charge around 300 only.

The tenant prepare the contract n i have read it just like normal agreement so i sign it.But got a special condition is the teenant say he want to apply a big meter from TNB n used his own name to apply,so he say no need to pay me electricity deposit,so i agree but after he moved in till now also no apply new meter .That mean he just don wanna pay the deposit n i get con