Landlords are often faced with challenging situations where their tenants fail to meet rental obligations. The tenant may delay rent payments, refuse to make payment at all and even avoid contact with landlords.
Regardless of how much misery you are experiencing, it is important to avoid taking any private actions, such as forcibly entering the property, removing the tenant’s belongings, or using threats or physical force against the tenant, because the Malaysian law views these actions as illegal. Although the situation may be frustrating, taking such extreme measures is strongly discouraged.
To address this issue, consider the following steps:
- Issue a Letter of Demand
Ensure the tenant has received the notice and retain the proof of delivery. By issuing a letter of demand, the tenant is formally notified of their delinquency. Should the tenant continue to withhold payment or further delay payments, you may need to commence legal action.
- Serve an Eviction and Termination Notice
Formally notify the tenant of the requirement to vacate the rented property and the termination of the tenancy agreement. This notice serves to inform the tenant that their actions have resulted in the termination of the contract. The notice should include specific details, such as the nature of the breach and the timeframe for vacating the property. This notice ensures the lawful termination of the tenancy by proper procedure.
- File a Claim in Civil Court
You can also file a claim in civil court to seek compensation for rent (including double rental) and the delivery of vacant possession of the property.
Addressing the issue of non-payment of rent by tenant requires a structured and legally-compliant approach. Engaging with legal professionals can help in navigating these complexities and achieving a practical solution.