Monday, June 13, 2011

How to Kick Them Out

Found an interesting article, you may need you sooner or later when you start the life as landlord :)

Tenants that rent your house do not pay the rental and refuse to move out from the property? Bought an auction property and found that someone occupy the property illegally ? All this kind of scenario are commonly happened in Malaysia.

In Malaysia, the legal way to evict the tenants or illegal occupiers from your house is to apply for an eviction court order, but it is time-consuming and costly to get an eviction court order. Hence, it is depend on the cost of your property and whether you think it is worth to do that or not.

1. First, DO NOT TERMINATE the water supply or electricity supply for that property. This is the most common method that people used to evict the tenant, but it is illegal in Malaysia.

2. Request your lawyer ( normally is your S&P lawyer or tenancy agreement lawyer ) to send an registered post to that property. The letter content should tell the tenant to move out from within one calender month. For examples, if the letter is going to post out on any days on April, you must give the tenant one calender month to move out which is 31th of May.

3. Get a copy for that letter from your lawyer and get the confirmation from lawyer whether the registered post are delivered successfully or return unclaim ( some tenants like to pretend nobody home ).

4. After one calender month, if you still find that the tenant still didn't move out from the property, then you can plan for a 'break in' activities

To minimize the cost and evict the tenant from your property, there is another informal way, which is still a legal way with less cost. The following is the guide to help you guys to evict the tenants or illegal occupiers out from your property and gain back your control. It is a legal way, with certain of risk but it is not as formal as applying court order.

The following is the preparation for the 'break in' activities.

1. Planned for a 'break in' date and before 'break in', go to make a police report on the nearby police station. Bring the lawyer letter that you sent to the tenant and the confirmation slip that can prove the tenant received the letter or not. If the letter returned unclaim, you can tell the police, you posted a notice to ask the tenant to evict, nobody claimed that letter. Hence, you assume there is no people staying there and you want to break in that house now. If the letter was delivered successfully, then when you make police report, informed the police that you expect the tenant should have moved out. Ask the police whether they can accompany you for the 'break in'. If cannot, get the telephone number for the police station that you made the report.

2. Get a locksmith with you and a independent witness. Independent witness mean someone that does not have close relationship with you. It cannot be relative or friend. If your property is a condominium or gated townhouse, you can request the staff in the maintenance office to accompany you for the 'break in'. They can be your independent witness.

3. Bring a good camera with you. When you enter the property, use the camera to take photo on every corner of that house. This is to prevent the tenant or the illegal occupier claimed or sued you that you took away his asset.

4. Bring a pad lock with you to lock the house after break in.

The following is the matter to take note during 'break in' activities.

1. Go to that property and try to knock the door. If the tenant open the door, then you request him/her to move out politely. Informed him that you had made an police report. If he refuse to move out, call the police. If no one open the door and you feel there is someone inside, then call the police and request them to come before you start to 'break in'. If you confirm no one is inside the house, you can start to break in.

2. After break in, take photo as much as you can. Try not to touch any thing in that house. Put a notice on the front of the property, which can be seen easily. Tell the tenant if he/she want to take back his/her asset in the house, please contact you within 1 or 2 weeks time. Besides, put a photocopy of your police report together with the notice too to indicate that you had made the police report.

3. Change the main door lock and lock it with your new pad lock.

4. After that wait for 1 or 2 weeks time, to see the tenant contacted you or not. If not, then dispose all the thing in that house and you can do anything whatever you want with that property.

The above guidelines is just act as a guide for you to evict your tenant or illegal occupier without court order. Different case might have to act differently. Hence, the best is to consult your lawyer. However, I had managed to gain back control on my property by using the steps above. If you want to follow the guide above, use it at your OWN RISK. Good luck to you.

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