What to Do When Tenant Doesn't Move Out in Malaysia?

As a landlord in Malaysia, the prospect of a tenant refusing to vacate your property can be a daunting and stressful situation.

Whether it's due to financial difficulties, a dispute over the terms of the rental agreement, or simply a stubborn tenant, having someone occupy your property without your consent can create a legal and logistical nightmare.

In this blog post, we'll explore the steps you can take to navigate this challenging scenario and regain possession of your property in Malaysia.

Understanding the Rental Laws in Malaysia

In Malaysia, the relationship between landlords and tenants is governed by the Residential Tenancies Act 1999 (Act 566).

This legislation outlines the rights and responsibilities of both parties, including the procedures for terminating a tenancy agreement and regaining possession of the property.

According to the Act, a landlord must provide the tenant with a written notice to vacate the premises, known as a "Notice to Quit."

The duration of this notice period can vary depending on the length of the tenancy:

For a tenancy of less than one year, the notice period is one month.
For a tenancy of one year or more, the notice period is three months.

It's important to note that the notice period begins from the date the tenant receives the Notice to Quit, not the date it was issued.

Serving the Notice to Quit

When a tenant refuses to move out, the first step is to serve them with a proper Notice to Quit.

This document should be delivered to the tenant in person or by registered mail, with a copy kept for your records. The notice should clearly state the date by which the tenant must vacate the premises.

If the tenant still refuses to leave after the notice period has expired, you can proceed to the next step of the legal process.

Filing for a Writ of Possession

If the tenant has not vacated the property by the date specified in the Notice to Quit, you can apply to the courts for a Writ of Possession.

This legal document, issued by the court, authorizes the local authorities to physically remove the tenant and their belongings from the property.

To obtain a Writ of Possession, you'll need to file a claim with the Magistrate's Court or the Sessions Court, depending on the value of the rental agreement. The court will then schedule a hearing to consider your application.

During the court proceedings, you'll need to provide evidence to support your case, such as:

A copy of the rental agreement
Proof of the Notice to Quit being served
Documentation of any rental arrears or other breaches of the agreement
Witness statements, if applicable

It's important to note that the court will consider the tenant's circumstances and may grant an extension or alternative arrangement if it deems it necessary.

Enforcing the Writ of Possession

If the court grants your Writ of Possession, the next step is to coordinate with the local authorities, such as the police or the court's bailiffs, to execute the order.

This process involves physically removing the tenant and their belongings from the property. It's crucial to be present during this process to ensure that the property is vacated and secured properly.

You may also want to consider hiring a professional moving company to assist with the removal of the tenant's possessions, especially if they have a large amount of belongings.

Dealing with Abandoned or Damaged Property

In some cases, a tenant may abandon the property or leave it in a damaged condition. If this happens, you'll need to take additional steps to address the situation.

For abandoned property, you can apply to the court for an order to dispose of the tenant's belongings.

This process typically involves:

Inventorying the abandoned items
Providing the tenant with a notice to claim their belongings within a specified timeframe
Disposing of the items if the tenant fails to claim them

If the property has been damaged, you may be able to deduct the cost of repairs from the tenant's security deposit or pursue legal action to recover the damages.

Preventing Future Issues

To avoid the hassle of a tenant refusing to move out, it's essential to take proactive measures during the rental process:

Thorough Tenant Screening: Carefully vet potential tenants by conducting background checks, verifying employment and income, and checking references.
Detailed Rental Agreement: Ensure that the rental agreement clearly outlines the terms of the tenancy, including the notice period for termination and the consequences for non-payment or other breaches.
Regular Communication: Maintain open communication with your tenants and address any issues or concerns as they arise, rather than letting them escalate.
Security Deposit: Collect a security deposit, which can be used to cover any unpaid rent or damages to the property.
Landlord Insurance: Consider investing in landlord insurance, which can provide coverage for situations where a tenant refuses to move out or causes damage to the property.

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Conclusion

Dealing with a tenant who refuses to vacate your property in Malaysia can be a complex and frustrating experience.

However, by understanding the rental laws, following the proper legal procedures, and taking proactive measures to prevent such situations, you can navigate this challenge and regain possession of your property.

Remember to remain patient, diligent, and willing to seek legal assistance if necessary.

With the right approach, you can resolve the issue and move forward with your property management goals.

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About the Author

Danny H

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