Purchasing a sub-sale property occasionally comes with a tenant included as part of the deal, according to the agent anyway. But what happens when all the documents are done and dusted, and then the tenant changes his/ her mind and refuses to leave?
Evictions happen more often than one might think, and the ensuing processes are some of the most headache-inducing, therapy-requiring tasks in the history of mankind.
how do cases like this even occur? sometimes, loopholes are present in documents like tenancy agreements.
As the legal contract between a landlord and a tenant, the papers outline every duty and obligation of each party while the tenancy is valid. It is extremely important to draft a well-written tenancy agreement. It might sound like the most obvious thing in the world, yet issues like these still prevail even today.
Understanding tenant’s rights
Before taking any measures, property owners need to grasp the rights afforded to tenants. Legal frameworks in most jurisdictions provide protections against unlawful eviction, which means that landlords must adhere to established protocols before evicting someone.
Ignoring these regulations can lead to legal repercussions, including financial penalties and potential lawsuits. Familiarising youself with the local tenantlandlord laws can help property owners avoid headache-inducing pitfalls.
The next course of action
■ Legal fees in eviction cases can reach up to RM30,000
■ Six months typical for case settlement
■ Keep detailed records of all interactions, payments and formal notices
should involve a thorough review of the tenancy agreement linked to the property.
As described by law firm Kevin Wu and Associates in their article titled “Tenancy Law in Malaysia: Evicting Tenants”, a tenancy agreement is a binding contract between a tenant and a landlord which outlines the rights and responsibilities of each party during the tenancy period. The tenancy period is usually created for a term which does not exceed three years, otherwise, it will be considered as a lease.
If the tenancy period has expired, they can issue a Notice to Quit, which formally requests the tenant to leave by a specific date, typically allowing a reasonable timeframe based on local regulations.
however, if the tenancy agreement is still active, the landlord will have to wait until its expiration or may need to explore other options, such as negotiating an early termination.
A Notice to Quit must be drafted per the specifics of the tenancy agreement and any local regulations, so consulting a real estate attorney is advisable.
This step ensures the notice is legally sound and appropriately delivered, protecting the landlord from potential disputes.
In the event the tenant does not move out of the rented property after the notice period ends or after the tenancy is terminated, and without the landlord’s consent, the tenant is liable to pay to the landlord double the rental payable under the tenancy pursuant to section 28(4) (a) of the civil Law Act 1956.
Attempting peaceful resolution
Often, proactive communication can help pave the way for a more positive and friendly resolution. Initiating a conversation with the tenant to discuss their situation and the possibility of vacating might be all it takes.
Offering flexible timelines or even financial incentives, such as a relocation bonus, or help with moving costs, can make the transition smoother for everyone involved. Establishing a cooperative dialogue mitigates stress and fosters goodwill, allowing both parties to reach an agreeable outcome.
If attempts at negotiation do not get the desired results and the tenant remains stubbornly uncooperative, seeking legal advice becomes paramount.
An experienced attorney specialising in landlord-tenant law can guide the property owner through the intricacies of the eviction process, from drafting necessary legal documentation to representing them in court if the situation takes a turn for the worse.
should legal proceedings become inevitable, initiating a lawsuit may involve filing a claim in a local court and subsequently obtaining a court order for eviction.
It is important to keep in mind that these processes can be time-consuming, sometimes stretching over several months and may lead to increased frustration and anxiety for property owners feeling trapped in their predicament.
The financial and emotional toll
The financial ramifications of an eviction can be substantial, adding to the overall stress of the situation. Legal fees can accumulate quickly, especially if the case drags on or requires multiple court appearances.
several studies have found that the fees can reach up to rm30,000 and the eviction process could drag on for half a year.
Additionally, there’s always the potential risk of property damage. In some unfortunate scenarios, tenants may do intentional harm to the property during their exit, resulting in costly repairs and delays in re-renting or selling the unit.
The emotional toll can also be significant. The anxiety, frustration and uncertainty in dealing with a non-compliant tenant can weigh heavily on property owners, making it difficult for them to focus on other aspects of their lives.
understanding that it’s normal for property owners to feel overwhelmed in these situations can be helpful, so seek out support from friends, family or even groups of fellow landlords who can provide the necessary guidance and reassurance needed.
Be proactive
To reduce the risk of facing similar challenges in the future, property owners should consider using several proactive strategies. First and foremost, thorough tenant screening is crucial.
conducting comprehensive background checks that include evaluating rental histories, credit scores and personal references can be beneficial.
A well-informed decision at the outset can minimise the likelihood of disputes later on.
Additionally, it is vital to draft a clear and comprehensive tenancy agreement that explicitly outlines all terms and conditions related to the lease.
This should cover aspects such as payment schedules, maintenance responsibilities, acceptable behaviour standards and clear procedures for termination.
A well-defined agreement can help forestall misunderstandings and promote clarity among both parties.
Maintaining open lines of communication with tenants is also essential. regular check-ins can help address any concerns they may have before they escalate into larger issues.
Moreover, keeping detailed records of all interactions, payments and formal notices can further protect property owners in any future disputes.
By SAMANTHA Wong samantha.wong@thestar.com.my
