租客欠租 Property and Divorce Lawyer Johor Bahru

Sometimes, things just don’t work out. If you need to pull the plug on the lease or tenancy, give your tenant a heads up and a deadline to vacate.


Getting Started:

Before you even think about renting out your property, make sure you’ve got a solid agreement in place. This is where the Tenancy Agreement comes in. It’s like the rulebook for your rental arrangement, outlining everything from rent to rules and remedies.

Landlords and tenants have a contractual relationship, so it’s crucial to have a Tenancy Agreement that clearly outlines details like rent, duration, restrictions, remedies, or exit measures. Since this document holds legal weight, obtain a fully stamped copy from the real estate agency representative’s office for your lawyer to discuss and draft litigation details.


Issuing a Warning Letter & Termination Notice


When Talks Go South: Negotiations hit a dead end? Before heading to court, a warning shot might be in order. Get your lawyer to draft up a letter letting your tenant know that if they don’t cough up the rent, legal action is on the table.

In necessary cases, terminating the lease can be chosen, notifying the other party to vacate by a specified time.


Writ of Distress

Landlords can directly apply to the court for a Writ of Distress under the Distress Act 1951. The court may issue the writ without a trial, instructing bailiffs to seize all movable property of the tenant inside the premises and auction them off privately within 14 days. The proceeds from the auction will be used to settle the outstanding rent. Note that this writ is only applicable for recovering up to 12 months’ rent.


Writ of Possession

When push comes to shove, and your tenant’s still not budging, it’s time for the big guns: a Writ of Possession. With this bad boy, you can legally kick them out and reclaim your property. But remember, there’s a process to follow, and you can’t just change the locks and call it a day.

Currently, Malaysia lacks specific legislation protecting the rights of both tenants and landlords. Landlords must rely on the Specific Relief Act 1950 and the Contract Act 1950 to pursue overdue rent and evict tenants through legal proceedings.

Only after the court rules on the amount of rent owed can the Writ of Possession be enforced. Tenants must vacate the premises within 14 days as directed by bailiffs. If tenants refuse to leave even after receiving the termination notice, landlords can claim double rent under Section 28(4) of the Civil Law Act 1956.

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