23. September 2021 How To Evict Tenant Without Tenancy Agreement In Malaysia Beyond financial compensation, another frequent recourse for landlords is to recover their property. Some tenants simply ignore their obligation to pay the rent, ignore the landlord`s requests and refuse to leave the premises. However, the law does not help owners much in these scenarios. Although the property ultimately belongs to the owner, section 7(2) of the Specific Relief Act 1950 prohibits an owner from reclaiming the property without a judicial order. You may think that as a landlord, you have the right to do whatever you want in your property, but in reality, you don`t have the right to dislodge the tenant without getting a prior court order, and if you forcibly enter the premises, your tenant could sue you for trespassing. Imagine this scenario. You are a tenant renting a house and one day you will receive a letter from your landlord informing you that they are cancelling your lease and giving you 30 days to evacuate or evacuate the property. Instead, we recommend that you seek appropriate remedies. The law helps landlords in case a tenant is late with you, but don`t look for a lawyer yet! There`s one important point you need to know first: when discussing a potential lease or an extension of a contract, you should always use the words “subject matter of the contract” in any correspondence that relates to a potential lease agreement or that speaks to potential tenants. A good lease should set a notice period for terminating the lease and indicate the number of months to be terminated in writing. Depending on your lease, you may have a few options. First of all, it is always advisable to talk to your landlord as soon as possible: Be honest and up to the point. If you forcibly enter the premises, you risk being sued by the tenant for trespassing! Even if you argue that the property belongs to you and that the tenant does not pay rent, this argument is futile. In the case of Abdul Muthalib Hassan v. Maimoon Hj. Abd. Wahid [1992] 1 CLJ 88 held that the landlord who closes the premises because the tenant has not paid rent does not justify the intrusion. 1 Do you have a rental agreement with the tenant; with regard to the question of what a good lease is, it must have, among other things, the beginning, end, extension and termination of the lease. . . . NomikAdmin 23. September 2021 Previous Post Next Post