When a tenant refuses to leave

Purchasing a sub-sale property occasionally comes with a tenant included as part of the deal, according to the agent anyway. But what happens when all the documents are done and dusted, and then the tenant changes his/ her mind and refuses to leave?

Evictions happen more often than one might think, and the ensuing processes are some of the most headache-inducing, therapy-requiring tasks in the history of mankind.

how do cases like this even occur? sometimes, loopholes are present in documents like tenancy agreements.

As the legal contract between a landlord and a tenant, the papers outline every duty and obligation of each party while the tenancy is valid. It is extremely important to draft a well-written tenancy agreement. It might sound like the most obvious thing in the world, yet issues like these still prevail even today.

Understanding tenant’s rights

Before taking any measures, property owners need to grasp the rights afforded to tenants. Legal frameworks in most jurisdictions provide protections against unlawful eviction, which means that landlords must adhere to established protocols before evicting someone.

Ignoring these regulations can lead to legal repercussions, including financial penalties and potential lawsuits. Familiarising youself with the local tenantlandlord laws can help property owners avoid headache-inducing pitfalls.

The next course of action

■ Legal fees in eviction cases can reach up to RM30,000

■ Six months typical for case settlement

■ Keep detailed records of all interactions, payments and formal notices

should involve a thorough review of the tenancy agreement linked to the property.

As described by law firm Kevin Wu and Associates in their article titled “Tenancy Law in Malaysia: Evicting Tenants”, a tenancy agreement is a binding contract between a tenant and a landlord which outlines the rights and responsibilities of each party during the tenancy period. The tenancy period is usually created for a term which does not exceed three years, otherwise, it will be considered as a lease.

If the tenancy period has expired, they can issue a Notice to Quit, which formally requests the tenant to leave by a specific date, typically allowing a reasonable timeframe based on local regulations.

however, if the tenancy agreement is still active, the landlord will have to wait until its expiration or may need to explore other options, such as negotiating an early termination.

A Notice to Quit must be drafted per the specifics of the tenancy agreement and any local regulations, so consulting a real estate attorney is advisable.

This step ensures the notice is legally sound and appropriately delivered, protecting the landlord from potential disputes.

In the event the tenant does not move out of the rented property after the notice period ends or after the tenancy is terminated, and without the landlord’s consent, the tenant is liable to pay to the landlord double the rental payable under the tenancy pursuant to section 28(4) (a) of the civil Law Act 1956.

Attempting peaceful resolution

Often, proactive communication can help pave the way for a more positive and friendly resolution. Initiating a conversation with the tenant to discuss their situation and the possibility of vacating might be all it takes.

Offering flexible timelines or even financial incentives, such as a relocation bonus, or help with moving costs, can make the transition smoother for everyone involved. Establishing a cooperative dialogue mitigates stress and fosters goodwill, allowing both parties to reach an agreeable outcome.

If attempts at negotiation do not get the desired results and the tenant remains stubbornly uncooperative, seeking legal advice becomes paramount.

An experienced attorney specialising in landlord-tenant law can guide the property owner through the intricacies of the eviction process, from drafting necessary legal documentation to representing them in court if the situation takes a turn for the worse.

should legal proceedings become inevitable, initiating a lawsuit may involve filing a claim in a local court and subsequently obtaining a court order for eviction.

It is important to keep in mind that these processes can be time-consuming, sometimes stretching over several months and may lead to increased frustration and anxiety for property owners feeling trapped in their predicament.

The financial and emotional toll

The financial ramifications of an eviction can be substantial, adding to the overall stress of the situation. Legal fees can accumulate quickly, especially if the case drags on or requires multiple court appearances.

several studies have found that the fees can reach up to rm30,000 and the eviction process could drag on for half a year.

Additionally, there’s always the potential risk of property damage. In some unfortunate scenarios, tenants may do intentional harm to the property during their exit, resulting in costly repairs and delays in re-renting or selling the unit.

The emotional toll can also be significant. The anxiety, frustration and uncertainty in dealing with a non-compliant tenant can weigh heavily on property owners, making it difficult for them to focus on other aspects of their lives.

understanding that it’s normal for property owners to feel overwhelmed in these situations can be helpful, so seek out support from friends, family or even groups of fellow landlords who can provide the necessary guidance and reassurance needed.

Be proactive

To reduce the risk of facing similar challenges in the future, property owners should consider using several proactive strategies. First and foremost, thorough tenant screening is crucial.

conducting comprehensive background checks that include evaluating rental histories, credit scores and personal references can be beneficial.

A well-informed decision at the outset can minimise the likelihood of disputes later on.

Additionally, it is vital to draft a clear and comprehensive tenancy agreement that explicitly outlines all terms and conditions related to the lease.

This should cover aspects such as payment schedules, maintenance responsibilities, acceptable behaviour standards and clear procedures for termination.

A well-defined agreement can help forestall misunderstandings and promote clarity among both parties.

Maintaining open lines of communication with tenants is also essential. regular check-ins can help address any concerns they may have before they escalate into larger issues.

Moreover, keeping detailed records of all interactions, payments and formal notices can further protect property owners in any future disputes.

By SAMANTHA Wong samantha.wong@thestar.com.my

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Tenancy tales of horror, Cops may go after landlords who rent units to criminals; owners had the right to do monthly inspection, Law needed to lay out rights, responsibilities

Tenancy tales of horror - Sad state of affairs: A house owner checking the condition of his house after a tenant moved out in Puchong. — FAIHAN GHANI/The Star

PETALING JAYA: A businesswoman got the shock of her life when she received a call from the police asking her to go to her posh KLCC-facing condominium.

“When I arrived, I was stunned to see the unit in a wreck and that an illegal gambling centre had been operating from there.

“It was a nightmare. I had to go to the police station several times for my statement to be recorded.

“Not only that, I had to fork out a lot of money to clean up and repair my unit,” said the woman, who wanted to be known only as Shima.

She had not suspected anything amiss because her tenant – who claimed to be an engineer – was always prompt with his rent.

“This incident has given me a lot of anguish and stress. My unit has been empty for two years now. I just don’t dare rent it out again,” said the mother of two.

Shima admitted that she had not checked on her unit after renting it out as she respected her tenant’s privacy

A senior journalist was happy when he rented out his house to a young couple with two kids in May last year.

Everything had looked fine in the beginning, but things started to go wrong a few months into the tenancy.

The rent payment was erratic, with no money coming for several months, and when he decided to end the tenancy agreement, he was shocked to find that they had defaulted on the utility bills.

“They seemed like a decent couple with two young children when they first moved in, in May 2022. But after three months, the problems began.

“Every time, I called them for the payment, they had excuses. Business was slow, someone had died, someone was sick.

“In February this year, there was one payment and none after that. I waited until August before finally telling them to leave. They left in early November,” said the 65-year-old Penangite, who is based in the Klang Valley.

When he repossessed the house, it was in a total mess.

“The toilets were broken and dirty, with caked soap on everything. There were nails everywhere. The wiring was badly damaged.

“There were rats living in the house compound. It cost me close to RM5,000 to repaint and repair to make it look like a decent home again,” he fumed.

What was worse, he added, was the unpaid electricity bill since November 2022.

“Why was there no action taken by the utility company? I had to pay up as I could not trace the couple and they would not answer my calls.

“The water bill was also unpaid for at least six to seven months. After they vacated the house on Nov 21, Air Selangor sent a notice of disconnection if I did not pay up.

“So, I lost easily seven to eight months of rent money, and had to fork out another RM6,000 for bills and repairs. Now, I am very cautious about who I rent my house to or even if I should even rent it out at all,” he said.

Another apartment owner, who wanted to be known only as Zulkifli, no longer wishes to rent out his unit in Tanjung Bungah, Penang, after a bad experience a few years ago.

“I rented out my unit to a childless couple in 2015. They seemed nice and both were professionals.

“Their rent payment was good initially, but arrears started to pile up in the second year of their tenancy.

“After failing to pay the rental for two successive months, they suddenly moved out at the end of 2016,” he said.

Zulkifli, 40, said although he could offset the outstanding rental from their deposit, his unit was in a shambles.

“Most of the furniture was broken and the place was so dirty,” he said. 

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Cops may go after landlords who rent units to criminals

KUALA LUMPUR: Police want landlords who rent out their houses or apartments to criminals, including scam syndicates, to be held accountable.

Bukit Aman Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf said they are pushing for the possibility of putting the liability on the owners.

“We have encountered many cases where such houses and apartments are being used as scam call centres.

“Recently, we detained more than 20 scammers, who rented several houses to operate as call centres.

“This has to stop,” he said in an interview yesterday.

Comm Ramli said while some syndicates are willing to pay a high rate of rent, owners and property agents must look past making a profit.

“Some syndicates are willing to pay up to six months in advance in rent but rationally, the owner or agent must think there is something wrong somewhere.

“In some instances, the syndicates would place 65 people in several housing units, in other instances, 20 people,” he said.

Kuala Lumpur police chief Comm Datuk Allaudeen Abdul Majid said most of the scam call centres raided in the city were located in luxury condominiums and apartments.

“It is bewildering that such criminals were allowed to operate in such prestigious locations, when in fact, it would be hard for regular people to even enter the premises.

“I have also instructed KL CCID to step up operations against the call centres in the city,” he said.

So far, KL CCID had conducted 1,311 raids on online crime syndicates in the city, he added.

“We have detained 855 people for their involvement in scam call centres between January and September this year.

“In the past two months, some 20 raids were conducted and 342 people were arrested,” he said.

Universiti Sains Malaysia criminologist Datuk Dr P. Sundramoorthy said landlords must be proactive and take full responsible for the action of their tenants.

“As the owner, your responsibility is not solely about rental. You are liable for the behaviour and action of your tenant,” he said, adding that owners had the right to do monthly inspection but without violating too much of their tenants’ privacy.

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Law needed to lay out rights, responsibilities

 

 

PETALING JAYA: It is time to push for the tabling of the Residential Tenancy Act (RTA) to better clarify the responsibilities of landlords and tenants, say property agents.

Malaysian Institute of Estate Agents president Tan Kian Aun said the country needs more specific legislation on tenancy agreements, adding that the current situation often left landlords and tenants without a clear legal framework on their rights and responsibilities.

“The proposed RTA aims to regulate and standardise the relationship between landlords and tenants,” he said in an interview.

The Act, said Tan, would serve as a comprehensive guide, eliminating the need for individual tenancy agreements that often resulted in varied terms and conditions.

“Unlike the existing practice, the Act would set standardised rules, specifying legal and illegal activities for tenants and landlords.“This would address illegal activities, immoral behaviour and law violations within the rented premises,” he said.

On March 29, 2023, Deputy Local Government Development Minister Akmal Nasrullah Mohd Nasir told Parliament that the RTA, which is aimed at addressing rental property issues, would be tabled in Parliament next year.

The ministry, he said, is currently conducting a study on drafting the Act.

Tan said currently, there is also no specific legal provision for authorities like the police to intervene in cases of tenancy disputes, which would typically fall under civil jurisdiction, requiring the affected parties to pursue legal action for breach of contract.

The Act, he said, should also empower the relevant authorities to take appropriate action in cases of criminal activities.

Before the RTA comes into effect, Tan suggested landlords engage with tenants to first establish evidence that they are unaware of any illegal activity or “alternate uses” of their property.

“When tenants inquire about permission for activities such as gambling, landlords must refuse and retain evidence of their conversation. We often advise landlords to do this to protect their rights,” he said.

Property agents also play a crucial part by conducting thorough background checks on tenants, such as criminal records and solvency to ensure that they are not bankrupt, he added.

“We also verify employment status, request documentation such as visas and employment letters for foreigners, and scrutinise income details,” he said.

Lawyer Eric Choo advised landlords to protect themselves by ensuring that their tenancy agreements explicitly state the purpose of property use as well as the prohibition of illegal activities.

“These crucial clauses, typically included in tenancy agreements prepared by qualified lawyers, help safeguard landlords from being implicated in any criminal activities carried out on their premises,” he said.

Landlords, stressed legal counsel Marcus Tan, must lodge a police report upon discovering that tenants had been using their property for criminal activities.

“Failure to do so may result in the landlord being perceived as part of or even abetting the criminal activities.

“Without a formal tenancy or lease agreement, landlords may struggle to explain the situation to the police, potentially leading to suspicion and legal complications.

In Penang, state local government committee chairman Jason H’ng Mooi Lye said action could be taken against bad tenants under Section 70 (12) of the Road, Building and Drainage Act 1974.

“They need to be given 30 days to move out. If they fail to comply, they can be hauled up to court.”

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