Dealing with Stubborn Tenants Who Won't Move Out

As a landlord in Malaysia, the prospect of having a tenant refuse to vacate your property can be a nightmare scenario.

Whether it's due to financial difficulties, disputes over the lease terms, or simply an unwillingness to leave, dealing with uncooperative tenants can be a major headache.

In this comprehensive guide, we'll explore the common challenges Malaysian landlords face with stubborn tenants, outline the legal steps you can take, and provide practical advice to help you navigate these tricky situations.

The Rise of Stubborn Tenants in Malaysia

Over the past decade, Malaysia has experienced a surge in rental disputes between landlords and tenants.

A combination of factors has contributed to this trend:

Affordable Housing Shortage: With the cost of home ownership skyrocketing in major Malaysian cities, more people are turning to the rental market. This increased demand has empowered some tenants to take advantage of the system.
Lack of Tenant Screening: Many landlords, eager to fill vacancies quickly, don't thoroughly vet prospective tenants. This can lead to renting to irresponsible or unscrupulous individuals who have no qualms about refusing to leave.
Perceived Tenant Protections: Some tenants believe that Malaysian laws heavily favor renters, emboldening them to resist eviction attempts. This misconception can make them more defiant when faced with an eviction notice.
Economic Hardship: The COVID-19 pandemic and resulting economic downturn have left many Malaysians struggling financially. Tenants who can no longer afford rent may refuse to move out, even when their lease has expired.

Identifying Problematic Tenants

Before we delve into the legal process, it's important to recognize the warning signs of a tenant who may refuse to vacate your property.

Some red flags to watch out for include:

Frequent Lease Violations: Tenants who repeatedly break the terms of their lease, such as causing property damage, engaging in illegal activities, or failing to pay rent on time, are more likely to resist eviction.
Aggressive or Confrontational Behavior: Tenants who are hostile, intimidating, or unwilling to communicate reasonably about issues are often a sign of bigger problems to come.
Sudden Changes in Financial Circumstances: Tenants who suddenly lose their job, experience a medical emergency, or encounter other major life events that impact their ability to pay rent may be more inclined to dig in their heels and refuse to leave.
Attempts to Prolong the Process: Tenants who try to stall or delay the eviction process, such as by filing frivolous lawsuits or repeatedly requesting extensions, are likely trying to buy more time in the property.

Understanding Your Legal Rights as a Landlord

In Malaysia, the relationship between landlords and tenants is governed by the Rent Control Act 1966 and the Residential Tenancies Act 1999.

These laws outline the rights and responsibilities of both parties, as well as the proper procedures for terminating a lease and evicting a tenant.

Here are some key points to be aware of as a Malaysian landlord:

Lease Termination: Landlords can typically terminate a lease for a variety of reasons, including non-payment of rent, property damage, or if the tenant's behavior is deemed unacceptable. However, the specific grounds and notice period required may vary depending on the type of tenancy agreement.
Eviction Process: If a tenant refuses to vacate the property after receiving a valid termination notice, the landlord must file an eviction lawsuit with the courts. This can be a lengthy and complex legal process that involves obtaining a court order for the tenant's removal.
Tenant Protections: Malaysian law provides certain protections for tenants, such as the right to reasonable notice before eviction and the ability to challenge an eviction in court. Landlords must follow the proper procedures to avoid allegations of unlawful eviction.
Rental Deposit: Landlords can typically withhold a tenant's security deposit to cover unpaid rent, property damage, or other costs associated with the tenant's occupancy. However, they must provide a detailed accounting of how the deposit was used.
Dispute Resolution: In the event of a disagreement between a landlord and tenant, both parties may be required to participate in mediation or arbitration before the case can proceed to court. This can help resolve conflicts more efficiently.

Navigating the Eviction Process

If you've exhausted all other options and a tenant still refuses to vacate your property, you'll need to initiate the formal eviction process.

Here are the typical steps involved:

Serve a Termination Notice: Provide the tenant with a written notice informing them that their lease is being terminated, along with the specific reasons and the date by which they must vacate the premises. The required notice period can vary from 30 to 90 days, depending on the type of tenancy agreement.
File an Eviction Lawsuit: If the tenant fails to leave by the specified date, you'll need to file an eviction lawsuit with the local courts. This typically involves submitting a formal complaint, providing evidence of the lease termination, and requesting a court order for the tenant's removal.
Attend the Court Hearing: You'll be required to attend a court hearing, where both you and the tenant will have the opportunity to present your case. The judge will then decide whether to grant the eviction order.
Obtain the Eviction Order: If the court rules in your favor, you'll receive an official eviction order that must be executed by the local authorities, such as the police or a court-appointed bailiff.
Execute the Eviction: Once the eviction order is in place, the authorities will physically remove the tenant and their belongings from the property. This process can take several weeks or even months, depending on the court's schedule and the tenant's level of cooperation.

Strategies for Avoiding Eviction Battles

While the eviction process is the ultimate recourse for dealing with stubborn tenants, there are several proactive steps you can take to prevent these situations from arising in the first place:

Thorough Tenant Screening: Carefully vet prospective tenants by conducting background checks, verifying employment and income, and checking references. This can help you identify and avoid renting to individuals who are more likely to cause problems down the line.
Detailed Lease Agreements: Ensure that your lease contracts clearly outline the rights and responsibilities of both the landlord and tenant, including the grounds for termination and the eviction process. This can help set clear expectations and make it easier to take legal action if needed.
Proactive Communication: Maintain open and frequent communication with your tenants. Regularly check in on their well-being, address any issues or concerns promptly, and be responsive to their needs. This can help foster a positive, collaborative relationship and potentially prevent conflicts from escalating.
Timely Rent Collection: Establish a clear and consistent rent collection process, including late fees and consequences for non-payment. Staying on top of rent payments can help you identify financial difficulties early and work with tenants to find solutions before the situation deteriorates.
Cultivate Good Relationships: Make an effort to build rapport and trust with your tenants. By treating them with respect and fairness, you may be less likely to encounter stubborn or adversarial behavior when it comes time to terminate a lease or initiate an eviction.

Dealing with Difficult Situations

Even with the best preventative measures in place, there may still be times when you find yourself in a standoff with a stubborn tenant.

In these cases, it's important to remain calm, professional, and persistent in your approach.

Here are some additional tips for navigating these challenging situations:

Document Everything: Meticulously record all interactions, communications, and incidents related to the tenant's behavior and lease violations. This documentation will be crucial evidence if you need to take legal action.
Seek Professional Assistance: Consider consulting with a qualified real estate lawyer or property management company that specializes in landlord-tenant disputes. They can provide valuable guidance on the legal process and help ensure you're taking the appropriate steps.
Explore Alternative Dispute Resolution: Before resorting to the courts, try to resolve the conflict through mediation or negotiation. This can sometimes lead to a mutually agreeable solution, such as a negotiated move-out date or a compromise on outstanding rent payments.
Maintain a Calm and Assertive Demeanor: Avoid engaging in heated arguments or confrontations with the tenant. Instead, remain professional and focused on the facts of the situation. This can make it more difficult for the tenant to justify their uncooperative behavior.
Consider Cash-for-Keys Agreements: In some cases, offering the tenant a financial incentive to vacate the property voluntarily can be a cost-effective solution. This approach may be particularly useful when dealing with tenants who are struggling financially.

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Conclusion

Dealing with tenants who refuse to move out can be a frustrating and time-consuming experience for Malaysian landlords.

However, by understanding your legal rights, following the proper procedures, and implementing proactive strategies, you can navigate these challenges more effectively and protect your investment.

Remember, patience and persistence are key when facing a stubborn tenant. Stay organized, document everything, and don't hesitate to seek professional assistance if needed.

With the right approach, you can regain control of your rental property and move forward with confidence.

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About the Author

Danny H

Seasoned sales executive and real estate agent specializing in both condominiums and landed properties.