U should bring the contract & consult a lawyer fren (if u have any).
(Help) anyone know how much gotto spend to sue?, Somebody please help!!!
(Help) anyone know how much gotto spend to sue?, Somebody please help!!!
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Apr 17 2008, 05:14 PM
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Senior Member
930 posts Joined: Feb 2006 From: Kuching, Hornbill Land |
U should bring the contract & consult a lawyer fren (if u have any).
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Apr 17 2008, 05:28 PM
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Junior Member
28 posts Joined: Mar 2008 |
QUOTE(myvi3332 @ Apr 17 2008, 05:51 PM) 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 bro, if he dont pay for utilities daposit such as water and electirc, u can always ask the tnb ppl to remove the meter. |
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Apr 17 2008, 06:10 PM
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Senior Member
1,139 posts Joined: Mar 2005 |
QUOTE(cannondale> @ Apr 17 2008, 05:28 PM) 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.. |
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Apr 17 2008, 08:01 PM
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Junior Member
49 posts Joined: Feb 2007 |
QUOTE(ganz @ Apr 17 2008, 06:10 PM) the thing is that the tenant don't use any electricity or water? do i correct? so why he pay for all the deposit.. 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.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.. |
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Apr 17 2008, 09:55 PM
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Junior Member
28 posts Joined: Mar 2008 |
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 |
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Apr 17 2008, 10:05 PM
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Newbie
3 posts Joined: Jan 2008 |
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. |
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Apr 18 2008, 12:34 AM
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Senior Member
4,695 posts Joined: Jan 2005 |
TS, u want the unpaid rental OR u want the tenant out?
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Apr 18 2008, 10:06 AM
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Senior Member
1,139 posts Joined: Mar 2005 |
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 |
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Apr 18 2008, 10:28 AM
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Junior Member
49 posts Joined: Feb 2007 |
QUOTE(scorgio @ Apr 18 2008, 12:34 AM) If can get the rental n shoplot back is the best la.. Added on April 18, 2008, 10:41 am QUOTE(ganz @ Apr 18 2008, 10:06 AM) i consult to my friend last night and this is the thing that u might want to make it fast.. 3 week ago i go there at sunday,i can see at the back broken window n the stuff still same. 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 myvi3332: Apr 18 2008, 10:43 AM |
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Apr 18 2008, 10:49 AM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur |
QUOTE(alibaba666 @ Apr 17 2008, 01:30 PM) 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. 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! QUOTE(LeonTan @ Apr 17 2008, 01:35 PM) Ya.. Do u sign any agreement or contract? Correct don't break into the premise or remove items.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... Quote one of my earlier posts from different thread: » Click to show Spoiler - click again to hide... « QUOTE(myvi3332 @ Apr 17 2008, 01:35 PM) I got tenancy agreement for 2 year,but now almost 7 month already. Always the right step it to engage the services of a good lawyer. Do not take the law into your own hands.Added on April 17, 2008, 1:40 pm I ask my fren about seal the premises but he say must do step by step QUOTE(myvi3332 @ Apr 17 2008, 01:55 PM) i use many diferent number to call him but not work Police will not get involved in such cases; enforcement of contracts is not under their purview.Added on April 17, 2008, 1:59 pm i have go to the nearest police ststion but the police said it not their business QUOTE(myvi3332 @ Apr 17 2008, 04:51 PM) 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 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 |
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Apr 18 2008, 11:06 AM
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Junior Member
49 posts Joined: Feb 2007 |
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.
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Apr 18 2008, 11:21 AM
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Senior Member
1,139 posts Joined: Mar 2005 |
good info from aaron.. thanks.. r u working with legal firm
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Apr 18 2008, 02:43 PM
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Senior Member
1,979 posts Joined: Jan 2003 From: Kuala Lumpur |
QUOTE(myvi3332 @ Apr 18 2008, 11:06 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. 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 QUOTE(ganz @ Apr 18 2008, 11:21 AM) Nope not a lawyer, IT by profession and former tenant/landlord This post has been edited by aaronpang: Apr 18 2008, 02:50 PM |
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