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Hi all,

Anyone can help? What do you suggest if you meet this kind of situation.

Tentant didn't pay rental for approx 2.5 mth and also didn't paid utilites bill of approx. RM 500.

Asked tentant to move but refused. If tenant move, how to claim the unpaid money?

Thank you.

You will have to be firm in your approach with such a tenant.

Write a letter refering to the stamped tenancy agreement which is signed between you as the landlord and the tenant. Deliver the letter by A.R Registered post. The acknowledged card will be return to you by post upon successful delivery. Otherwise, you may have to keep visiting this tenant until you can hand this letter to the tenant personally.

Usually, one month notice is provided to show cause to the tenant on the reasons for not paying rent.

In fact, payment of rent is a condition in the tenancy agreement.

If the tenant still refuses to pay rental, explain to the tenant that you are seeking him to comply with the terms of the tenancy agreement.

This includes commencement of legal proceedings since there are arrears even on the utility bills.
( An indication of not being bothered, therefore, constant monitoring is advisable )

Also, ensure that the tenant hands the keys to you at an agreed date and keep the conversation tape recorded (in private, if you can, but don't quote me !). The arrears of rental and utility bills will be deducted from the deposit ( usually two months deposit, from the advance rental and deposit for utility ).

If the tenant is co-operative, then, legal proceedings can be avoided. Hopefully, this is helpful.
For you info, legal proceeding is by way of writ of distress in the subordinate court.

I wish thinkproperty could advice if the premises is rented to an embassy which have been dragging in the paying of rental for quite some time.

we have this Embassy of the Republic of Guinea. rental have been delayed and accumulated up to 10 months. After delayed 4 mths, then pay 3 mths. Wait for another 3 mths, then pay another 2 months, etc...And till now, its 10 mths owing.

I hv a sent lawyer notices, but they are not at all worried. I approched the Wisma Putra, but was told by the Protocol dept. to write directly to the Foreign Ministry in their home country in Guinea and retaliated that wisma putra also could not do anything !!!. (which I am wondering how come wisma Putra can't do anything) I can't sue them since they enjoy the immunity previlege under the Diplomatic protection.

I really need some help.

regards,

Just a thought..I think if you have such a tenant, the best option is to get him to vacate the premise. At least, you won't keep losing out on rental. The property belongs to you so there is no such thing as refusing to move. Consult your lawyer and give him an official notice to move out as per your agreement. One the notice period is up, you should have the right to vacate him as his continuing stay should be deemed illegal. It's like someone just sitting in your house without your permission. You can then report him to the police. Call in the police and lock up the premise but you have to return his stuffs though.

Unfortunately Cheng, this is quite a bad situation to be in. Foreign embassies, individuals of diplomatic status, along with police and other \"VIP\" status individuals are always on the bottom of the acceptable tenant list because of that. There is VERY little that you can do to recoup your money.

However I am not sure if you can't evict them. They are protected against prosecution and lawsuit, but not good old \"locking them out till the bills are paid\" technique. Rude debt collectors won't work, it's a crime to be unauthorized on the premises. You need to consult a lawyer on this, but I THINK (stress on think, showing I am not sure) you should be fine with a legal lockdown.

not paying tenant? give them 24hrs notice, make a police report, cut off the water & electricity, pad lock your property.


diplomat so tough meh? call CNN/BBC/TV3/NTV7/al-jazeera...... expose them to the world..! this will teach them not to mess with not-so-ordinary folks....... (not guarantee will work)