Hi,

The tenant at my apartment already not reachable for more than 1 month and not paying rental for February and March.

The tenant has a padlock at the grill therefore I can't get into my apartment to clean it up.

I have only the tenancy agreement.

I wish to terminate this tenant immediately, clean up the apartment and rent it to another person as soon as possible.

What should I do? What is the steps?

Hope people here can give me some guide.

Thank you.

Hi,

Just for sharing only. I don't know whether it will work in Malaysia.

In singapore, whenever I rent out to tenant I will put additional form for them to fill up "Please fill up your relative or best friends details. We will contact them in case of emergency". So, just create a few fields like name, contact no, relationship...etc. I usually will make sure the property agent to sign it too as to commit to this rental agreement. If anything goes wrong, I will contact the details stated in the agreement. Worse case scenario goes back to the agent again. However, "touch wood" nothing happen so far. Everything is smooth..

Whether you can terminate your rental agreement with this tenant, I am not sure because it is very depend on what are the things you stated in the agreement. You may need consult with your lawyer in Malaysia.

Since tenant already ran away, maybe you should file a police report first as to prevent in case if the tenant come back one day sue you for breaking the padlock and remove his/her stuffs at that unit. In the other hand, if this person may be kidnapped by someone or missing, you are doing a good deed on helping him or her.

Nichole

Mighty Cannon wrote:
Hi,

The tenant at my apartment already not reachable for more than 1 month and not paying rental for February and March.

The tenant has a padlock at the grill therefore I can't get into my apartment to clean it up.

I have only the tenancy agreement.

I wish to terminate this tenant immediately, clean up the apartment and rent it to another person as soon as possible.

What should I do? What is the steps?

Hope people here can give me some guide.

Thank you.


location pls....... might be able to assist you if you can provide proof of ownership.

Nichole T wrote:
Hi,

Just for sharing only. I don't know whether it will work in Malaysia.

In singapore, whenever I rent out to tenant I will put additional form for them to fill up "Please fill up your relative or best friends details. We will contact them in case of emergency". So, just create a few fields like name, contact no, relationship...etc. I usually will make sure the property agent to sign it too as to commit to this rental agreement. If anything goes wrong, I will contact the details stated in the agreement. Worse case scenario goes back to the agent again. However, "touch wood" nothing happen so far. Everything is smooth..

Whether you can terminate your rental agreement with this tenant, I am not sure because it is very depend on what are the things you stated in the agreement. You may need consult with your lawyer in Malaysia.

Since tenant already ran away, maybe you should file a police report first as to prevent in case if the tenant come back one day sue you for breaking the padlock and remove his/her stuffs at that unit. In the other hand, if this person may be kidnapped by someone or missing, you are doing a good deed on helping him or her.

Nichole
Thanks for your advise.

In fact, I have 2 emergency contacts that provided by this tenant.
And I just find out both is not in service recently.

Lin Chiek Chong wrote:


location pls....... might be able to assist you if you can provide proof of ownership.

Location: Seri Kembangan
Please tell me how you can help me if I provide my proof of ownership

LOL........ i'm in seri kembangan too....


which development?



u can reach me at 012-69 74 468


pls bring along the original tenancy agreement & proof of ownership such as monthly maintenance bill.

Lin Chiek Chong wrote:
LOL........ i'm in seri kembangan too....


which development?



u can reach me at 012-69 74 468


pls bring along the original tenancy agreement & proof of ownership such as monthly maintenance bill.

You have not tell me how you will help me and how much is your charge.

aiyo.........


1st, go to make a police report, bring along the documents of ownership & tenancy agreement.

once u got the copy of police report, hire a lock smith.


done......!


if it's a normal padlock, i can borrow a big bolt cutter from my contractor.

if your grill's customized one, u need to hire the PRO then.


my fee? buy me teh tarik. LOL

btw, ur tenant local or foreigner?

what's their occupation? business?

Lin Chiek Chong wrote:
btw, ur tenant local or foreigner?

what's their occupation? business?

Malay student at Lim Kok Wing

since they are local, stick a big notice infront of your unit....

ask them to call u within 24 hrs, if they don't, make police report & cut the padlock.

Maybe try to look for him in his school and sue him

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.