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

U should bring the contract & consult a lawyer fren (if u have any).

bro, if he dont pay for utilities daposit such as water and electirc, u can always ask the tnb ppl to remove the meter.

the thing is that the tenant don't use any electricity or water? do i correct? so why he pay for all the deposit..


ignore that.. TS.. pls check in term condition regarding the termination of the contract.. any condition that triggered the termination of the contract... that is what u need now.. then post it we discuss..

since tenant prepare the contract.. u better watch out for term that he use.. term that might favor him as a tenant.. as no clause of termination

How much u take for deposit? 2 months rental i advance?

* just to add.. it is a simple thing for certain people.. u don;t pay u get out.. it my property.. well sometimes it that not easy.. honestly.. once again if u play hard on them.. they also can play hard on you

justice is not about who is right and who is wrong.. is about how good u manipulate facts..

if u opt to sue him.. mmmm.. u might want to consider not only cost lawyer will charge u bu

1. ur time waste..
2. it going to be long process
3. at the end.. u suffer to know that.. the tenant actually has it right..

Bro FYI he use my electric only but water he don use cos water meter haven install for long time.I have check at TNB my account got around 1 month ++ not paid about rm 40.Agreement for 2 year n deposit 2 month.

from the beginning when sign the contract, he should pay u the utilities deposit which i think every laywer will include this in as a standard.

for me, i will let my lawyer have a look at the contract agreemeent , u know la, sometimes they have those SUPER WORD that some of us dont understand, after my lawyer explain to me and only agree i will go and proceed to sign at the tenant lawyer opis.



This post has been edited by cannondale>: Apr 17 2008, 09:59 PM

i had an experience once being sued. if u wanna sue this type of thing, should be at civil court.

the guy who sued me paid only rm28 i think. (since in the legal letter say i must pay for her "cost" . rm28)

no need lawyer lor. just bring evidence (black and white) and present your case to the judge.

anyway, i did won my case.

TS, u want the unpaid rental OR u want the tenant out?

i consult to my friend last night and this is the thing that u might want to make it fast..

do you know what type of thing he store inside ur property??

beware...u are legal owner of the building and if there is any illegal activities there. (drug processing lab, pirate VCD, control stock i.e sugar, cooking oil)..

police will search u first..

thing to ponder..

This post has been edited by ganz: Apr 18 2008, 10:08 AM

If can get the rental n shoplot back is the best la.. but if can get back shop but rental burn also newer mind laa..

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Added on April 18, 2008, 10:41 am3 week ago i go there at sunday,i can see at the back broken window n the stuff still same. It is all big machine like the machine make screw tread,but used the tenant said to me the machine cost about 200k inside my shop

This post has been edited by myvi3332: Apr 18 2008, 10:43 AM

Another person talking crap and giving bad advice it's been noted many times, your course of action will not amount to anything because the police will not get involved period!

Also you cannot eradicate a tenant... it's illegal to eradicate a person!

Correct don't break into the premise or remove items.

Quote one of my earlier posts from different thread:



Always the right step it to engage the services of a good lawyer. Do not take the law into your own hands.

Police will not get involved in such cases; enforcement of contracts is not under their purview.

Did you terminate your own meter so your tenant can re-apply?

This post has been edited by aaronpang: Apr 18 2008, 10:50 AM

First the teenant said give him 2 week time to apply new meter n i said ok lo but after that i call him he said no time go to apply cos busy,so i wanna cut the electricity cos agreement said he apply himself n ask my fren cos he know little about law but he said it is illegal.

good info from aaron.. thanks.. r u working with legal firm

Firstly as an owner you have rights, have you taken steps to protect those rights, rental agreement stamped by a commissioner of oaths? The normal stamp duty is around RM20.00 plus some misc. extras.

Secondly you should have made arrangements to cut the meter ASAP in keeping with the agreement instead of allowing the tenant to continue.

Third your friend is right the law in Malaysia is pro-tenant.

Often the legal option is to go with "Distress Act 1951 (Revised 1981)"

Download it from here.

EDIT: Please consult a qualified lawyer, my post does not constitute legal advice

Nope not a lawyer, IT by profession and former tenant/landlord

This post has been edited by aaronpang: Apr 18 2008, 02:50 PM