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Tenant Not Paying Rent!!!

 
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tattoo



Joined: 12 Nov 2007
Posts: 3
Location: KL

PostPosted: Mon Nov 12, 2007 5:55 pm    Post subject: Tenant Not Paying Rent!!! Reply with quote

Hi all,

I am looking for advise on my terrible tenant. I rented my Puchong apt to her since April 2007. Upon tenancy agreement, Ms. D paid 1 mth rental, 2 mths rental deposit and 1/2 mths utilities deposit.

Eversince then, she have not been paying any rent (6 mths including Nov 07) !!! I think she is not going to pay up and intend to stay for free. She's getting on my nerves Evil or Very Mad and I have threatened to cut the electricity and water and even lock the front grill gate. But my father said it's illegal to do so and I need to issue a letter of demand to her.

My question is, do I have to engage a lawyer's service to issue the LOD? What is my right as a owner? I would like to evict her as she's very unreliable and most likely will pull the same stunt again. Evil or Very Mad

Another issue is, the tenance agreement signed is not stamped. I understand that if the agreement is stamp, it can be use legally against her. So, my tenancy agreement is good for nothing now? Crying or Very sad

This is my first property and it has caused so much of heartache to me and my sisters (who are the co-owners). We would appreciate if someone out there (bless his / her soul) can offer some advise.

Thank you.

Regards,
Tattoo
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cynthusc



Joined: 16 Sep 2005
Posts: 504

PostPosted: Tue Nov 13, 2007 12:30 pm    Post subject: Re: Tenant Not Paying Rent!!! Reply with quote

tattoo wrote:
Hi all,

I am looking for advise on my terrible tenant. I rented my Puchong apt to her since April 2007. Upon tenancy agreement, Ms. D paid 1 mth rental, 2 mths rental deposit and 1/2 mths utilities deposit.

Eversince then, she have not been paying any rent (6 mths including Nov 07) !!! I think she is not going to pay up and intend to stay for free. She's getting on my nerves Evil or Very Mad and I have threatened to cut the electricity and water and even lock the front grill gate. But my father said it's illegal to do so and I need to issue a letter of demand to her.

My question is, do I have to engage a lawyer's service to issue the LOD? What is my right as a owner? I would like to evict her as she's very unreliable and most likely will pull the same stunt again. Evil or Very Mad

Another issue is, the tenance agreement signed is not stamped. I understand that if the agreement is stamp, it can be use legally against her. So, my tenancy agreement is good for nothing now? Crying or Very sad

This is my first property and it has caused so much of heartache to me and my sisters (who are the co-owners). We would appreciate if someone out there (bless his / her soul) can offer some advise.

Thank you.

Regards,
Tattoo


Seriously, I can't understand why you did not stamp you tenancy agreement. Anyway you can date it and stamp it now but you have to pay a penalty for paying late stamp duty as you need to backdate your tenancy agreement. Please make sure your dates gel. What this means is make sure that the tenancy date and the content match up with the current situation.

Look at the agreement and give notice according to the agreement. If they still fail to leave, get a lawyer, you will need one to get a court order to evict them. You father is right. You cannot remove the tenants through the methods suggested as you are giving them an opportunity to counter claim.
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yewkhuay



Joined: 11 Nov 2006
Posts: 79

PostPosted: Wed Nov 14, 2007 12:10 am    Post subject: Reply with quote

counter claim ? what can the tenant do she doesn't hav a stamped tenancy agreement also?
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preacher



Joined: 20 Oct 2005
Posts: 470

PostPosted: Wed Nov 14, 2007 11:46 am    Post subject: Reply with quote

cynthusc, going to legal action to recover 6 months rental would take too long and cost too much.

No doubt, the landlord (tatoo) can get the tennant to pay for fees, but based on the backlog of cases, tatoo would be lucky to get an actual court hearing by 2010. Until then, the tennant cannot be staying for free.

If I am the landlord and owner, under the National Land Code, the house belongs to me. Can't I lock my own house. If the tennant wants me to open the house, the tennant should go to Court. Not the other way round.

There must be other ways to collect rental.
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tattoo



Joined: 12 Nov 2007
Posts: 3
Location: KL

PostPosted: Wed Nov 14, 2007 2:00 pm    Post subject: Reply with quote

I am disappointed with the Malaysian legal system. Even though, the terms in the tenancy agreement stated that landlord is allowed to evict the tenant / recover possession of the demised upon non-payment of rent, the system is PRO-TENANT. This is utterly unfair to us! People like Ms. D is taking advantage of the loop hole, to taunt us. I found an interesting article on tenancy agreement, the link is
.://..malaysianbar.org.my/content/view/10219/99/ Evil or Very Mad
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ericoocl



Joined: 08 Jul 2007
Posts: 40
Location: Penang

PostPosted: Thu Nov 15, 2007 3:57 am    Post subject: Reply with quote

consult with ur lawyer and see what he can do about it and at the mean time try to make her life miserable by maybe ..........hmmm.... cut of the electrical supply and water coz she didnt bother to pay for her tenancy rent ....

cheers
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cynthusc



Joined: 16 Sep 2005
Posts: 504

PostPosted: Thu Nov 15, 2007 11:41 am    Post subject: Reply with quote

preacher wrote:
cynthusc, going to legal action to recover 6 months rental would take too long and cost too much.

No doubt, the landlord (tatoo) can get the tennant to pay for fees, but based on the backlog of cases, tatoo would be lucky to get an actual court hearing by 2010. Until then, the tennant cannot be staying for free.

If I am the landlord and owner, under the National Land Code, the house belongs to me. Can't I lock my own house. If the tennant wants me to open the house, the tennant should go to Court. Not the other way round.

There must be other ways to collect rental.


The poster asks for legal methods and not extra legal methods. My answer merely pertains to legal methods. Yes, as an owner you have rights but have you protected those rights adequately? If you fail to even stamp a tenancy agreement to crystallise your own rights to get protection how do you expect the law to assist you when it is not a live being. I m sorry if I sound harsh but I see a lot of landlords nowadays who do not stamp their tenancy agreement because they want to evade paying stamp duty. If you want the right to cut water and lock the doors then put it in the agreement with sufficient notice given.
Both landlord and tenants have rights. Use them.

If your contract states clearly as to the self help method used (well drafted) and it is thereafter invoked, this is surely a defence in any claim by the tenant.

Yewkhuay Counter Claim is not exclusively a contractual right.
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preacher



Joined: 20 Oct 2005
Posts: 470

PostPosted: Thu Nov 15, 2007 2:03 pm    Post subject: Reply with quote

We should always follow the Letter of the Law in enforcing our rights either as Landlord or as Tennant. I was trying to see whether there is any other legal avenue (other than provided in the Tennancy Agreement), save for going to Court to evict the Tennant in order to recover unpaid rentals.

See some Shopping Complex which have sealed the premises of their tennants and declaring that if by certain date, rental is still not paid, to seize all moveable items and to take further legal action. Would that method be faster than to get a Court Order to evict the tennant.

Remember guys, listen to our Legal Expert. Don't be sen wise and RM foolish. Stamp all your Agreements. Its worth paying for the Stamp Duty.
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Ritz Crackers



Joined: 28 Jun 2005
Posts: 128

PostPosted: Fri Nov 30, 2007 9:00 am    Post subject: Reply with quote

preacher wrote:

See some Shopping Complex which have sealed the premises of their tennants and declaring that if by certain date, rental is still not paid, to seize all moveable items and to take further legal action. Would that method be faster than to get a Court Order to evict the tennant.


I think the above is by virtue of a writ of distress under the Distress Act 1951. Yes, it is the cheapest and fastest "legal" way...

BUT... writ of distress would not evict the tenant, as it is meant for distress of rent, ie, getting back the rental in arrears by seizing the tenant's property in the premises, selling it off to set off the unpaid rental.

However, interestingly, if at the time the writ of distress is executed (ie when the bailiff went to the premises to seize property) the tenant was found to have abandoned the premises, the landlord can apply to the court to authorise the bailiff to put a notice at the premises saying that the possession will be delivered to the landlord in 10 days...

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tattoo



Joined: 12 Nov 2007
Posts: 3
Location: KL

PostPosted: Fri Nov 30, 2007 9:39 am    Post subject: Distress Act 1951 Reply with quote

I found the Distress Act 1951 on the internet. Go to link .://..agc.gov.my/agc/oth/Akta/Vol.%206/Act%20255.pdf
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slimm



Joined: 08 Oct 2007
Posts: 22

PostPosted: Sun Dec 09, 2007 12:11 pm    Post subject: Reply with quote

Dear tattoo,

Cut off the electricity and water supply. Don't worry about the legal aspect of it. If your tenant is occupied your premises illegally, there is no reasons that cutting off the utility supply which is under your name is illegal.

Without water and electricity, there will move out soon, and will look for another potential victim.
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hunky



Joined: 08 Dec 2007
Posts: 125

PostPosted: Wed Dec 12, 2007 12:23 am    Post subject: Re: Tenant Not Paying Rent!!! Reply with quote

Can you tell us what is the race of the tenants ?

I had a similar case a few years back and it was very difficult to evict them.

PM me if possible.
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speedo



Joined: 13 Apr 2008
Posts: 1

PostPosted: Sun Apr 13, 2008 9:38 am    Post subject: Reply with quote

tattoo,

R u still reading this thread ? May I know how u chase ur tenant out in the end ?

And for those who knows the answers,

1) May I know what is the grace period to ask the tenant to leave from the date of issueing Letter Of Demand ? My contract never stated that.
2) What documents and evidence do I need to show it to the court ? So that I can get an eviction court order.
3) Which court should I go for to get an eviction court order ?
4) Is it only lawyer are allowed to get an eviction court order ? Can a layman liase with the court directly for this purpose ?
5) Will it given a chance for the tenant to hold the owner responsible if the owner were to cut off the water or electricity supply ?

Thank you in advance.


Sometimes good tenants just don't meet good landlords, so does good landlords don't meet good tenants.
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MP419B



Joined: 17 Jul 2005
Posts: 23
Location: KL

PostPosted: Tue Apr 02, 2013 10:02 pm    Post subject: Reply with quote

Other than Tenaga National , the property owner have basically total freedom to stop electricity supply to his unit.

But this method is only applicable for super big headed and very stubborn tenants.
Very Happy
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