How to evict your tenant in Malaysia?

Evicting a tenant can be a challenging and sensitive process, especially if you are a landlord in Malaysia. There are specific procedures and legal guidelines that need to be followed in order to evict a tenant lawfully and fairly. In this article, we will discuss the steps involved in evicting a tenant in Malaysia, along with some commonly asked questions related to this topic.

How to evict your tenant in Malaysia?

Evicting a tenant in Malaysia requires following a proper legal process. Here are the steps you need to take:

1. Review the tenancy agreement: Check the terms and conditions outlined in the tenancy agreement to ensure that the tenant has breached any clauses or conditions that would allow eviction.

2. Issue a notice: Provide the tenant with written notice stating the reason for eviction and the specific clause in the tenancy agreement that has been violated. The notice period varies depending on the breach and may range from 7 to 30 days.

3. Engage in negotiation: If the tenant is willing to rectify the issue, you may consider negotiating a resolution instead of proceeding with eviction. It is advisable to communicate and try to resolve the matter amicably before taking any legal actions.

4. Apply for court action: If the tenant fails to comply or vacate the premises within the specified notice period, you can file a case with the Magistrate’s Court or the Sessions Court, depending on the rental amount. Seek legal advice to ensure all necessary documents are properly prepared.

5. Attend court hearing: Both the landlord and tenant will have to attend the court hearing. Present evidence to support your case and provide any relevant documents, such as the tenancy agreement and notices served.

6. Court order for possession: If the court rules in your favor, you will be issued a court order for possession. This order authorizes the eviction of the tenant and states the date by which they must vacate the premises.

7. Engage the bailiff: Hire a bailiff or seek assistance from the court to enforce the eviction process and remove the tenant from the property, if necessary.

8. Take inventory: Once the tenant has vacated, conduct a thorough inspection of the property and document any damages or unpaid rent. This will help in determining if any deductions should be made from the security deposit.

9. Repossess the property: Regain possession of your property after the eviction process is completed, ensuring that it is clean and ready for the next tenant.

Frequently Asked Questions (FAQs)

1. Can I terminate a tenancy agreement without a valid reason?

No, you cannot terminate a tenancy agreement without valid grounds. There must be a breach of the terms and conditions mentioned in the agreement to justify eviction.

2. Can I evict a tenant for late payment of rent?

Yes, you can evict a tenant for consistently late payment of rent or non-payment. Serve them a notice to rectify the breach within a specified time period.

3. Can a tenant be evicted if they refuse to leave after the tenancy agreement expires?

Yes, if the tenant refuses to leave after the tenancy agreement expires, you can initiate the eviction process by providing them with proper notice and obtaining a court order for possession.

4. Do I need to engage a lawyer to evict a tenant?

While it is not mandatory to engage a lawyer, it is strongly advised to seek legal advice to ensure compliance with all legal procedures and documentation required for evicting a tenant.

5. What are the notice periods for eviction in Malaysia?

The notice period for eviction varies depending on the breach. It can range from 7 to 30 days, as stated in the tenancy agreement or outlined by the court.

6. Can I change the locks or forcibly remove the tenant without a court order?

No, changing locks or forcibly removing the tenant without a court order is illegal. It is essential to follow the legal procedures to protect the rights of both parties involved.

7. What is the responsibility of the tenant during the eviction process?

During the eviction process, the tenant is expected to comply with the notice given, vacate the premises within the specified period, and allow access for property inspections, if required.

8. Are there any instances where a tenant cannot be evicted?

In certain circumstances, such as when the tenant is protected under the Rent Control Act or is a statutory tenant, eviction may not be possible. Seek legal advice if you are unsure.

9. Can I claim unpaid rent or damages from the security deposit?

Yes, you can claim unpaid rent or damages from the tenant’s security deposit, provided it was agreed upon in the tenancy agreement and proper deductions are made according to the law.

10. Can I use self-help remedies to evict a tenant?

No, self-help remedies are not allowed in Malaysia. Landlords must follow the legal process and obtain a court order for possession before evicting a tenant.

11. Can I terminate a tenancy agreement during the COVID-19 pandemic?

Yes, tenancy agreements can be terminated during the pandemic if there are valid reasons for eviction, such as non-payment of rent or other breaches of the agreement.

12. Is there any financial assistance available for tenants facing eviction?

Tenants facing financial difficulties may explore various financial assistance programs offered by the government or charitable organizations. It is advisable for tenants to seek assistance and communicate their situation with the landlord.

Dive into the world of luxury with this video!