We had a new client with a very Malaysian problem.
His tenant stopped paying rent for months, but yet still refused to move out. To make matters worse, his tenant often complained of issues like water pressure being too low and that he wanted the landlord to renovate and beautify the home further to his satisfaction. Rent was optional but comfort was mandatory. For all intents and purposes, our kesian client had rented his unit to a nightmare tenant.
As the outstanding rent and utilities grew, our Client grew tired of waiting and decided enough was enough.
We stepped in and did what we always do. Served a Notice of Demand & Eviction laying out all the salient facts, quoting provisions in the tenancy agreement and informing the tenant that litigation proceedings would be commenced if no settlement and handover was done in 10 days. We also informed the tenant that under S28(4) of the Civil Law Act 1956, our Client would be entitled to double rental after the expiry of the eviction notice period.
Suddenly the tenant became very responsive, sending us long voice notes, emotional explanations, stories about cashflow, bosses owing him money, and how life is very hard right now. Same script, different actor.
We held firm and told him - either settle the outstanding and leave, or face court and enforcement. Just pick one.
He relented and paid about half of the arrears but still pleaded for more time to settle the balance. Our Client could not wait anymore, as every month the property was not rented out to a better tenant meant another month of opportunity and economic loss.
We were instructed to swiftly proceed and apply for an Order for Vacant Possession.
Once the OVP was granted, the police were legally required to accompany us to the unit to remove the tenant. Our Client was also legally allowed to change the locks. The tenant had no choice but to take his things and leave; and he did so within the day.
Property investment looks good on paper until you encounter one of these nightmare scenarios. A bad tenant can wipe out months of returns and drain your time, energy and sanity. Thankfully, the law has mechanisms to protect landlords, but quick action is key to stop the bleeding.
Rudi Cheu (rudi@rulecolaw.com) is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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