Property in Malaysia for sale and rent | Buy, Rent and sell real estate and homes

Dear All,

I believe it is a good forum to discuss about this issue seriously here, cause as an investor, would like to know how to handle this and we will be facing the same issue again - \"Tenant not paying rental, No reachable, Padlock, and Personal Belonglings still inside\". So, any expert here can advice what can we do??

I have consulted with my lawyer, and was told that we can not simply open the door, remove the tenant's belongings, and then rent out to other people, even we have loaded a Police Report.

Usually, before making Police Report, we need to wait until the two months deoposit being burned out. Then, it is expected the police officers will ask you to apply for Court Order first, and then only that can remove the belongings, which end up might take months to complete the whole process. If not, the tenant might come back later, and sue you for breaking in his apartment, and cliam missing x amount of money inside.

I hope I am wrong here as it really unfair for an investor.

Would appreciate anybody here can comments and give advice on this issue.

Thanks.

Hi all,

I think China Coin has highlighted an important point here that have to wait for two months later till deposit burned out. However, to protect the interest of investor can we add clause in our tenancy agreement where if tenant happened to be missing or no response within certain period, we are allowed to remove the padlock and clear their stuffs?

I think better right if it can be \"valid\" and \"recognised\" by law so that we no need to trouble the police officers and know what is the next step to do. Is there any lawyer here can advise us? Thanks!

Cheers:) Nichole

Is there any lawyer here who is familiar with the applying the court order to evit the tenant and do it in the shortest time?

How much will be the total fee?

Eviction of bad tenant is usally under distress action.
Under the Distress Act, a landlord is able to seek distress action upon giving notification
to the tenant for failing to settle at least three (3) months of arrears of rental to a year.
The limitation period is six (6) years from the date of accrual of the cause of action, ie. breach of tenancy agreement on the part of the tenant for failing to pay monthly rent.

The matter will be filed in the Sessions Court.
Since there is a scale fee under the Rules of the Subordinate Court, the overall matter will be guided
according to the legal fees charged as advocacy fees and disbursement towards the filling fees.
The court attendances fee are also guided under the same rules.

Do note that it is the arrears of rental and not future rent that becomes the outstanding amount (where 8% interests is included) since the cause of action must accrued on the date of the breach. Therefore, this is not a loss of future rental since the tenancy would have stopped and if the tenant is no longer occupying the premise, it would be futile to continue to seek performance of a contract that is already rescinded.

Also, you may wish to seek a writ of possession for the return of vacant possession of your property.
Again, the scale fees and disbursements are provided under the rules.

Some may consider calling the tenant and seeking his whereabouts to determine if you can serve the legal documents. May take a note that it is futile filing an action if the tenant has evaded and will do so. If so, substituted service by court order will be needed. However, this may add up your expenses.

Raymond, thank you so much for your valuable comments.

I think it is not easy to become a landlord now as there are so many rules to follow.