Sunday, November 1, 2009

Illegal Customary Practice of Landlord reclaiming premise from Tenant

Intro:

To begin this article, allow us briefly explain what we mean by 'landlord' and 'tenant' in this context of today's discussion.

For those who are not familiar with the term, landlord is the owner land or premise be it dwelling house, shop lot or factory etc, either having registered interest or beneficial interest. And the tenant means a person, company or organization renting the premise, either on contractual basis or 'monthly basis'.

In any part in this world renting premises is a common practice. The relationship between the landlord and tenant however may differ. In Malaysia, unless for expensive rental rate or business premises, most rental practice do not have any kind of written contract binding upon landlord and tenant. Though, written contract of tenancy is highly encouraged, any tenancy with no written agreement is also valid and enforceable by law (Evidence Act- the tenant is estopped from denying the ownership/right of landlord). Such tenancy is called monthly tenant.

Problem Scenario:

  1. We have discussion before on how the landlord should do in the event his/her tenant fail to pay rent (please refer to our last post) and that the landlord wants to take back his/her premise from the tenant, but still from our feedback we notice that 'the same old illegal practice of taking the law in the landlord's own hand is still 'happily' preferred.
  2. So, this article will focus on what is the position under the Malaysian law 'governing' the situation.
  3. Please read carefully, because if the landlord fails to follow the correct procedure, the landlord may face civil (or even criminal) suit claiming damages from the tenant notwithstanding that the rent is still overdue!

Our law:

  1. Repossessing rented premise from tenant fall under statutory law of Specific Relief Act in particular section 4, in which the law make it compulsory for landlord to get court order to evict and repossess.
  2. Failing which the tenant may press suit against the landlord for damages.
  3. The law simply a blanket provision, it covers written or verbal tenancy contract, or monthly tenant.

Stop taking matter in your own hands

  1. Our normal practice of 'locking out (or in)' the premise from the tenant, cutting utilities, sealing premises and whatsoever are directly against the intention of the law.
  2. The tenant beside having the right to claim damages from landlord, he may also initiate an injunction proceeding enforcing his right to rent or right to stay or prohibiting landlord from disturbing his harmonious rent or stay on the premise.

Solutions:

  1. If the landlord wishes to collect his overdue rental from the tenant, the landlord may file a distress proceeding against the tenant.
  2. If the landlord wants to recover back his premise and at the same time claiming overdue rental, the landlord should file a simple eviction summons in court against the tenant.
  3. But before that, the landlord should serve eviction notice to the tenant giving the tenant certain grace period to handover vacant possession and pay all overdue rental.
  4. Bonus to the landlord is that after the expiry of such notice the landlord may claim double rental if the tenant remains in occupation of the premise.
  5. If the landlord feel that the tenant may try to escape his liability (to pay overdue rental) by 'moving out at night' J the landlord may immediately after filing his suit in court apply for 'attachment of property before judgment' (though this application may not be very popular or rarely allowed by court, but a good advocate may deliver the work well).

42 comments:

  1. how i hope u posted this earlier! i just had my land law paper yesterday and there was this question concerning this matter! anway this is a very useful in4mation though thanks =)

    ReplyDelete
  2. hi
    i know this guy who is renting out the house but he is tenant. the house goes for RM 1450 but he's renting it out for RM1550 and the landlord does not have knowledge of this, is it allowed? his reasons are that he furnished the house blah blah. um actually the victim andon i ctacted the agent for that house and they are not doing anything? is it allowed in Malaysia to do that? aren't there any laws protecting the landlord from this kind of ungodly act?

    ReplyDelete
  3. i need help..i have a tenant who refuse to move out from my house. i have entered into an agreement with them in sept 09 (option to purchase d house a year later).however,as he showed a pattern of non performance in rental payment agreed, i've told him, i will not sell to him the hse. now, he threatened to sue and sent many lawyer letter to me, accusing me of breaching agreement after i sent him a notice of breach as he failed to pay me the amount needed for him to get the privilege to buy the house as agreed on the agreement signed.he also accused me of breach agreement when i told him i'v sold the house to somebody else which i've done tat AFTER i let him know face to face. However, now he denied that we have met and he is aware on that matter..what should i do?

    ReplyDelete
  4. Hi may i know how file a simple eviction summons in court against the tenant? Can i do it myself without the lawyer. Anyway im the agent acting for the landlord. My landlord currently in USA and the tenant is foreigner.I already lodge a police report..i cant get the tenant and i know the tenant is not staying there anymore however his belonging still there. I dare not enter to the unit because his belonging still there. I wish to file a court order to get back the premises however i dont know the procedure. The owner cannot afford to hire a lawyer as now he is facing a financial difficulties.could you please advice me?
    Many thanks in advance.

    Dilemma agent

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  5. What if the tenant is a non paying family member? What rules apply to that?

    ReplyDelete
  6. hi,
    i need help as my friends having difficulties with the owner..she refused to refund the deposits after the house key was handed over..she even threatened her by informed that nothing she can do..she even claims that tenant dont have right with the refunds of deposit..
    fyi:the house was handed over to her with certain issues which she already hightlight when she moved in..the owner inform that they will repair it but she has been waiting for 1year there is nothing..now,they claims that she are causing the damages..
    pls advice what the next step shall i proceed..it is not about money but it is matter of principal..
    kindly please advice..

    ReplyDelete
  7. good one...

    can i repost this in my blog ?

    I know about this but not many people aware of it.
    I keep telling them TA is not powerful as it seems.For house renting.

    Perunding Hartanah Lelong
    tuanbri.com

    ReplyDelete
  8. Tuanbri: you are welcome to repost this in your blog, sharing knowledge is my original objective setting up this blog.

    other: eviction proceeding may be conducted by yourself, all you need first is to draft a good statement of claim and conduct your matter properly in court. it is also good to appoint your own lawyer to handle complecated matter or when the tenant file a defence.

    ReplyDelete
  9. how do chase my tenant out of my house? i do not have any tenancy agreement. Now he is in 2 mths rental overdue. i did verbally ask him to move out but he ignore my request and challenge me to chase him out. i did lodge a police report to cover myself and my family. i only received 1 mth deposit and RM 200 for utility deposit. did not even raise the rental ever since 2004. reanted for about 6 years..

    ReplyDelete
  10. Hello.. my landlord made me pay 800Rm for room deposit and security bond.. I gave him a one monthe notice in march of 2010 after staying there since dec of 2008... now he has deducted my room deposit and have the utilities fee saying that 500rm of the money is for my room rental for april when i remember that i told him i will be moving out in the beginning of april and i have proof of doing it because i paid rent for my new apartment then.. but now he wont give me back the 500rm even after telling him that i paid all my rent on time till the month of march and moved out as i had told him a month before. As a student in malaysia i dont know what rights i have for he just literaly took my whole deposit back with no reason! what can i do?

    ReplyDelete
  11. A friend has just signed a contract to let out his flat in KL. The agent has just said the key will need to be handed over to the tenant 6 weeks before the contract starts. Is this common practise?

    In Europe: the day the tenancy starts = the day the key is handed over.

    Thanks in advance.

    ReplyDelete
  12. Hi. I guest whether or not it is a standard practise is not known to me. It depends very much on the agreement between the landlord and his/her agent.

    ReplyDelete
  13. Hello
    My friend rent an apartment in Kuala Lumpur for Two months. He paid 6500rm for one month and 4000rm deposit. He faced a problem and he came back to my country. So he did not stay one month more and the Landlord did not pay back the deposit. Do you think is there any way we can take the money back from the landlord?

    In Contract about deposit was written :

    The tenant shall lease the tenancy for a period of at least one month. If tenant leases the tenancy shorter than one calender month, the rental deposit equivalent to 4000 will be forfeited by the landlord.


    So they mentioned that tenant should stay at least one month and my friend already stayed one month. Why they did not give him back the deposit?

    I am sending this comment to your email with my mobile number. Please reply me as soon as possible.

    ReplyDelete
  14. As the landlord ,I am presently facing the dilemma of kicking out a tenant who has not only NOT signed a tenancy agreement but also hasn’t paid the rentals. In addition to this he has run up the electricity bill to RM 1000++. I have taken the below measures with the help of the Management of the Condominium and would like your advise on the following steps that would like to take.

    1) The Management has already cut off the water supply due to non-payment of the management fees
    2) I have instructed to bar the access cards allowing easy entry into the condo.- Now they are getting their friends help to get them inside.
    3) I have written to TNB to temporarily disconnect the electricity as there are unpaid bills of over Rm1000++

    I want to do the following too: Please advice

    1) Change the locks on the front door, when they are out on the weekday. What are the repercussions of doing this? And how do I get their personal belongings out of the unit?


    Hope you can advise as to how to go about getting this done on an urgent basis. Appreciate your help in this regard.

    ReplyDelete
  15. the issue whether or not the tenant sign a tenancy agreement is not a concern, it still fall under the ambit of section 4 of the Act. you still need to get a court order to 'lock-out' the tenant

    ReplyDelete
  16. Help me, can the landlord file a simple falsify eviction summons in court to against me(tenant) said i never paid him the rental?
    I paid my rental, but got problem with the deposit refund by the landlord. He said he need instruct from his family lawyer. ( He had mention he won't refund back any of my deposit even i gave 2 month notice to move out as we agreed before )

    ReplyDelete
  17. Need some help here, i'm a student renting a medium room in Setapak, I've not signed any agreement with the landlord/agent. I've stayed here since May 2010. Last time I was told (by sms) that I must gave him a 2 months notice before I move out in order to get my deposits back (2 and half months deposit). So I told him (verbally) in early (1st-5th)November that i will move out by the end of January, which means that i'm not renting for the February. But today he smsed me and told me to get a new tenant or I face the risks of losing my 2 & half months deposits. But the problem is I already told him around 2-3 months in advance. He argues that there is a rental law of I did not stayed for at least a year, I have to find him a new tenant or I can't get my deposits back. Can you give me some advice here? I'm also thinking of staying for 2 more months without paying rental as he stills owes me the 2 and a half months deposit. Can I do this?

    Thanks in advance

    Nicklas.

    ReplyDelete
  18. My Tenant vacated my apartment but refusing to give me back the keys and access card. Made a mistake, I contra off 2 months deposits as the last 2 months rental. Only have the utility bond, which will be sufficient to take care of the unpaid bills and cleaning up of the apartment which was left filthy. What do I do. I have made a police report

    ReplyDelete
  19. dear sir...i have one problem where my land was leased to my friend in 1990 who farm vegetables on the said land. The tenure of the lease was five (5) years. When the lease has expired, i wanted to acquire the vacant possession of the said land. I later found out that there are 3 families settling on his land who are also vegetable farmers. They claimed that they have the right to stay there as they have been paying rental to my friend every month. As such they do not want to vacate the land. so how can i obtain an order for vacant possession of land..?

    ReplyDelete
  20. The procedure in obtaining the order for vacant possession of land is stated in O.89 of the Rules of the High Court 1980.

    The action begin by filing an originating summons and affidavit in support of the application by stating the applicant's interest over the land, the manner which the land was occupied with and the applicant did not know as to the identity of the occupant of the said land.

    The procedure is simple and straightforward, but in the due process of you obtaining the order, there will be a resistance by the occupant and because of that, it is highly advisable for you to get a service of a lawyer.

    ReplyDelete
  21. Hi Everyone,

    I have a landlord problem. I run a restaurant and recently have a buyer but landlord is rejecting the transfer of lease. The TA does have a clause on no sub-letting or transfer. The buyer is stronger financially and has a chain of restaurants. However, landlord is unwilling to discuss or hear us out. I don't see any reasons not to allow the sale. What are my options? I came across "unreasonably withholding consent" - does this apply here?
    Your advice is greatly appreciated.

    AY

    ReplyDelete
  22. Anonymous,

    1.
    The option available to you is to go to the High Court and seeking a Declaration that you have the right to sub letting the ground.

    2.
    The unreasonably witholding consent may be relevant in your case if you can show to the Court that the landlord have acted unreasonable in witholding his consent in allowing you to sub let the said restaurant

    3.
    For more query, feel free to contact me at khairul.aiman2@gmail.com

    Sincerely,
    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
    Replies
    1. Hi Mr Khairul.

      I have some question would like to clarify, i rent a small room in setapak area and the agent chase my rental on 1st of the month, due to his mouth talk to me in person that before 15th of the month ask me to bank in to his bank, and the agreement didn't passed it to me yet and the receipt as well. how should i do the next? I might be afraid if i don't received the agreement and receipt as well is this will be get in a blur way? Pls advised.

      Thank you & Regards,
      Poo

      Delete
  23. I had rent a residential unit for the last 3 years. Only recently did I found out that the electricity rate is being charge at commercial rate instead of residential. I request the landlord to rectified this issue as I have been paying Rm1200 per month electricity on a double story house. I withheld the next month advance rental and demand that something is done. The landlord fail to rectified the issue and I inform him that I will be rectifying it myself through proper channel under the authorities. I also withheld payment to TNB for the last 2 months to rectified this issue. As for TNB concern, I was not overdue but I do owe TNB RM2200.

    Not only did my landlord did nothing, he order TNB to cut off our electricity and demanded that I pay TNB all money as requested. I move out immediately without any form of notice.

    What should I do? If I defied his orders, he will ask TNB to cut off the electricity again.

    ReplyDelete
  24. Hi Mr Kamarul Irzuan,
    I have a tenant not paying the rental for 5 months. I have been calling them since 2 weeks ago and no response from them. It is a 3 storey shop office. The premises is used for storage purpose, no one are in the premises. Which one is the best way to take back my premises, distress or eviction. If engage a lawyer service, it is very costly, about RM 4K. Is there any way to minimixe to about Rm 2K

    ReplyDelete
  25. Dear anonymous,

    1.
    If you choose eviction proceeding, you will evict the tenant and at the same time claiming for the due rental. But there is no assurance that the tenant will pay the due rental. The good part is you can get rid off the stubborn tenant.

    2.
    If you choose distress proceeding, you will manage to get rid off the tenant as well as claiming the rent due to you. But the success rate will depends on the amount of goods placed at the premise.

    3.
    Between eviction and distress, distress is a better option.

    4.
    Eventough the legal fee is expensive, you can ask the tenant to bear the legal fees since they are the one who cause this problem

    For further information, feel free to contact me at khairul.aiman2@gmail.com

    regards

    Khairul Aiman
    Messrs. Irzuan

    ReplyDelete
  26. Dear All,

    I had rented a room which nearby my college. In the year 2009, I asked my father to make the rental payment via cheque to my so called "landlord". She did not bank in and return it to me six month from the cheque's date. My father reissued another cheque to her, but the same situation happens again. She never bank in.

    Until recently, she want all the money which amounting to RM3300 in lump sum. After negotiation, I agreed through the phone to make her the rental by installment. I am really not happy with her attitude and the way she solved this problem. She kept on calling my family members to asking for the payment. She looks like loan shark.

    I felt my life being interrupted by her. Should I take any legal action against her?

    I had kept the bank slip for prove of payment since 2009.

    ReplyDelete
  27. I had rented a room which nearby my college. In the year 2009, I asked my father to make the rental payment to my so called "landlord". She did not bank in and return to me six month from the cheque's date. My father reissued another cheque to her, but the same situation happens again. She never bank in.

    Until recently, she want all the money which amounting to RM3300 in lump sum. After negotiation, I agreed through the phone to make her the rental by installment. I am really not happy with her attitude and the way she solved this problem. She kept on calling my family members to asking for the payment.

    I felt my life being interrupted by her. Should I take any legal action against her?

    I had kept the bank slip for prove of payment since 2009.

    ReplyDelete
  28. Legal action against her seems to be so harsh. If I were you, I will engage a lawyer and send her a warning letter warning her that if she keep on harrasing you, we will proceed with a legal action.

    Its more like a preventive measure taken to provoke and to ask her to stop harrasing you.

    Sincerely,
    Khairul Aiman

    Messrs. Irzuan

    ReplyDelete
  29. My problem is different than most--I pay my rent to landlord monthly and on time. In my condo next door are a group of students who consistently have created problems from yelling and screaming in halls when drunk to the latest where they beat and gang-raped a prostitute. Numerous people have complained to leasing agents, apt owners, and building management. They can't do anything because the owner of the apt where the troublemakers live refuses to kick them out so the rest of the tenants nearby suffer.

    I paid 8000RM deposit and am at my wits end due to the situation. I am afraid now because if you can rape one woman why not rape your neighbor?

    My landlord refuses to give my deposits back, neighbor's landlord refuses to evict them--I need advice--stop paying rent or take all to court because they are endangering my safety by allowing convicted rapists to reside next door?

    I'm a foreigner and this just makes me hate Malaysia even more every day.

    ReplyDelete
  30. Hi, I would like to ask about rights as tenant. Really appreciate your help if you can reply me here. I signed a written agreement with landlord that I will stay for a year. However, I never promise to stay a year. When he writes the agreement, he said he put "a year" in the tenant duration first as an estimation. On verbal, he said if I want to move, I can move by giving one month notice. Now, I plan to move but haven't reach 1 year tenancy. He wants to forfeit 1 month my deposit right now. I would like to ask, how to resolve the dispute between verbal and written agreement. I thought he is nice landlord that would consider my request to move out since he had said that he is okay once I give 1 month notice which i naively believe, but now he reverted back of what he said..what should I do now.....i am helpless...

    Shwann

    ReplyDelete
  31. dear anonymous, based on this situation, verbal agreement have more weight than oral agreement because oral agreement is not easy to prove even though in Evidence Act 1950 have provisions about oral agreement that can be use as evidence in court...you can try to get the money but it takes time.. you can use National Consumer Complaints Centre to ask for their help to recover back the money or lodge your complaints to Tribunal Tuntutan Pengguna or you can go to court and make a claim under Small Claims Court.

    ReplyDelete
  32. Dear En. Irzuan,

    In December 2010, I have accepted a 2 years tenancy offer letter with a commercial landlord for leasing a shop lot for operating a food & beverage business in a new mall.

    Upon signing the offer letter, the commercial landlord claimed that most of the shop lot has rented out and the mall will be opened in April 2011. As per their company policy, they collected 1st month rental fee from me which served as a confirmation fee.

    However, when comes to April 2011, the opening of the mall has been delay. Until August 2011 I received a request notice from the commercial landlord to pay the remaining rental & utilities deposit and ask to collect the shop lot key for renovation within 30 days from the letter issued date. If I fail to do so, the commercial landlord will forfeit my 1st month rental fee. Otherwise, they will grant me one month free rental if I fulfill their request.

    Eventually, I follow the instruction of the mall exactly and started renovation work at the mall. While doing the renovation, I noticed that I am the only one started the renovation work. I was very worry and started to check with the commercial landlord about the rest of the tenants. The commercial landlord told me that most of the tenants and owners of the shop lot in the mall has collected their key and will be started renovation soon.

    However, the mall was still deserted and no one started renovation work except one of the anchor tenants who are doing cinema business in the mall has followed the schedule punctually like me when I completed my renovation.

    I was very upset and have no choice to launch my business in the month of November 2011 because I have hired staff to start work and all my food is waiting to sell.

    As you can imagine the situation of the mall, my business is very poor that what I have earned can barely pay as a salary to my staff.

    Based on the above scenario, can I lodge a complaint? If yes, which government department or society body that I can talk to?

    Your advice is highly appreciated. Thank you.

    EK

    ReplyDelete
  33. hi EK. 1st, there is a breach of contract when they failed to open the mall as scheduled but you have waive your right there by continuing to pay the rental asked by the mall. your complain will do less in this case because you must look carefully agreement you have signed with the mall and find if there is any clause about their responsibility to make sure all premise must open at the same time. no specific govt dept you can lodge your complain but you can try to mention your case to Legal Division KPDNKK for them to notice this situation and to do something about it.

    ReplyDelete
  34. dear anonymous, based on your comments on Nov 16 2011, we advise you to make a police report about it for your safety precautions. then, about the deposits, do you have any agreement signed with the landlord?? if you have it then you should read it and understand all clauses included. you can claim your money back by initiating a court action.

    ReplyDelete
  35. hi, I owned a condo letting all the rooms out. recently I letting a room to a person who claimed to stay together with his girl friend 2 mths ago. But lately, I realised the room was occupied by another couple. I the called the original tenant and he claimed he has transfered the room to the existing couple. I met the couple and understand their background and they agreed to continue paying the rent but they did not.
    Can I just ask them to leave my condo immediately?

    ReplyDelete
  36. Wonderful post and useful information. Looking forward to future posts in this field thanks!

    ReplyDelete
  37. dear anonymous, if you have agreement signed with the former tenant then find clauses on how to terminate the agreement and explain any term related to your issue to them. if not, then you should mention your term to them about rental payment and signed the new agreement with them if possible. but if you still want to evict them then asked them to leave on the ground that they have no right to be there because they are not the actual tenant.

    ReplyDelete
  38. Dear sir,i've renting a room in sabah(without tenancy agreement),when starting the owner say the rental is RM450 inclusive of water and electricity and i can cook when neccessary but after few months she starting to change her mind we have to pay for the gas and cheatting us that the electric bill was rise up until RM699.99 last month but actually was only RM390.00 and she didn't pay for the last month bill(i managed to screenshot the bill as she has a bad record on that) and she want to increase our rental.We tell her to show us the bill(but she claim that the electric bill was lose).
    Now she starting to do some hangky pangky stuff like complaining i'm using too much electricity(i only back from work after 6pm.and i only switch on the aircond after 9pm(and sometimes even late)for few hours only.I've decided to move out next month and the most important problem i'm gonna face is she have very bad records on "throw" tenant away with lots of reason without paying back tenant deposit or inform the tenant to move out immidiately within 2 hours without giving you 1 month notice with only pay you back the deposit only.
    So,i hope that Mr Kamarul can help me to solve this problem and give me some guiding on this issue cuz i'm only a low income servent and can't afford to let people sucking my income like that.thanks for helping

    ReplyDelete
  39. Hi,

    I have few question & want to know the correct solutions for it.

    My Landlord has requested me to rent his house for RM 600 if I alone rented his house whole house, I agree with his condition but later due to some problem my friend suggest to join me & share d with her. upon my discussion with the Landlord he agreed with my that, but with condition the he want to raise rental to RM900. I couldn't stop him as I have make my full commitment to this his hse. I have paid him 2month deposit with 1 month adv and 450 utilities bill. We both sign the Tenancy agreement for 2 years and he promise me that after stamping he will send it by courier as he is a Sabah citizen. During the first month I shift to this house, I face a lot problem and because that I loss my job and d same incident happen to my friend. And due to that, I failed to pay landlord his rental on a date I promise and after that he start to send and calling me everyday asking when I can pay him. I told him I have some financial problem and I need time to collect the cash to settle him. He get angry and start sending me threaten sms and tarnish my name by judged my character at his own and humiliate me. he order me to vacate his house within 2 days but I didn't agree and request him to vacate on end month. Since, this my first experience therefore im not aware many things about the Tenant & landlord laws. And with a friend advice she advice me to inform the landlord since you have one month deposit left so u unable to vacate the house and u want to file your case to tribunal court and fight for your right as I have signed 2 years contract and commit my self fully to this house. The landlord didn't satisfy with my decision and after end month landlord came to his house and create drama by telling he want to take his things at the store room and he saw a thief in house and he also accusing me having an affair with a man & threat an me that he will call Jais to sport check my house. I told him since I have file a case against you so you cant enter this premises till we both got a judgment order. The landlord with his arrogant attitude against make scene and humiliate me in front of all security guard in that condo. And what I cant accept is when the landlord lock us 2 girls inside the house and against he treat hen us if we break the lock he will file a case on us. He then leave from there without concerning our safety. I call the IPD Kajang and explain to them the situation, since its a civil case, so the office advice me to be patient and he try to talk and convince the landlord to reopen the lock and go. The landlord refuse to open the lock and he inform the officer that his on way to Airport & need to go back to Sabah. After 10hours lock inside the house without any food eaten, finally few officer came and break us the lock and I file a crime case against landlord. Now after my deposit clear, the landlord again has send me a summons the vacate his house within 7 days or he will use violence to chase me out from his house, and he also has claim some losses from his rental and double it. And what I didn't agree is, shall I leave his house after what he has done to us without considering we as a girls and tarnish my name in front everyone including security guard? at d same, I know the property was him but it is fair for me to just leave without getting a punishment for his fault towards me?

    ReplyDelete
  40. Wanna ask if stamping on done after 2months expiry on tenancy agreement isnt effective? I had sign the agreement before stamping done but they gav me bk the agreement copy after 2months expiry , which is aug 2013 expiry they do stamping only at oct 2013, isnt effective? Because when i say i wanna move out they only do they stamping and im really disapointed wanna know whether is that the correct period for stamping?

    ReplyDelete
  41. Hi this is Lim. I 've rented an office for RM2300/mth for a year now and due to some difficult reasons i was not able to pay my rent for February and March 2014. My Landlord locked me out the second month even when i have RM6900 still left with him EXCLUDING the Advance payment. I was not familiar with the the Legal Rights so i thought he has the right to lock the doors. So I called the landlord asking him if he could open up the doors but he refused instantly. So i managed to accumulate the two months rental RM to pay him. And i called him again. Telling him happily that i have banked in the two months rental to him and asked him to open the doors. But then he replied bluntly and said:" I am still overseas, can only open the doors in another two days time. And then he slammed down the phone." So i waited patiently until it pasts two days. Only then my landlord came to open the door. After around two weeks, around the 7th of April. i realise that my landlord had lock the doors again. I was terrified then i called my landlord to clarify he said: i am in a meeting now. I am not able to speak now. Now he said, your electricity is overdued. You either pay up the electricity or else don't dream that i will open the doors? I was really so upset to having such inhuman landlord. Then he said: your rental agreement is dued this month you can ask this guy called Daniel Tel:XXX-XXXXXX. He will open the doors for you to pack your things and leave immediately and lock it back right after. I tried to call him to ask him why is he doing this. He refuse to answer my call. He just kept on messaging me saying this is the usual kind of LAW practice. I told him. Okay then if you want me to leave. Then please give me back my balance deposit that i have deposited with you minus off the electricity bill i still have more than RM 4600. But he did not answer me until now. What should i do???

    ReplyDelete