If Your Tenant Does Not Pay The Rent, Can the Landlord Barge Into Their Rented Unit?

If your tenant didn’t pay rent, the landlord isn’t allowed to barge into the rental unit or change the locks. However, a landlord has the right to enter the property for inspections and repairs as well as for viewing purposes.
Note: Landlord does not have the right to enter the rented property without consent, even your tenant have defaulted on monthly payments!

Due to the lengthy official procedures, the fact is that many Malaysian landlords tend to resort to certain *cough cough* self-help measures to get back what they were rightfully owed. Among them include:

  • Barge into the rented unit
  • Changing all the locks
  • Cutting off the supply of utilities
  • Removal of tenant’s property from premises

All of these are illegal mind you, and if found, could result in the landlord at fault getting slapped with hefty fines.

You might think the landlord should be able to, because after all, it’s their property right? But there are two laws in Malaysia which cover this.

Namely, Section 2 (b) of the Contracts Act 1950 (Rev. 1974) as well as Section 7 (2) of the Specific Relief Act 1950. Keep reading to know how these two Acts protect tenant!

1) Section 2 (b) of the Contracts Act 1950 (Rev. 1974)

An agreement enforceable by law is a contract.

What this means is that your tenancy agreement isn’t just any ol’ agreement, but a legitimate binding contract which both parties must abide by.

If your tenancy agreement expressly states that the landlord doesn’t have the right to enter the tenant’s house without consent, then you can even take legal action against your landlord if they enter your home unannounced!

But! This is only if the tenant did not violate any of the agreement’s terms either. So if you’re found or suspected to have violated the contract agreement, your landlord may then reserve the right to enter your home and take action against you under a court order.

2) Section 7 (2) of the Specific Relief Act 1950

Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court.

This law on the other hand, basically states that landlords are not allowed to take any action against their tenant without a court order. Yep, even if the irresponsible tenant fails to pay their monthly rent!

So, thanks to the pro-tenant nature of Malaysia’s legal environment, your landlord isn’t allowed to just step into your home without a court order under any circumstance.

That is, unless they go to the extent of getting an eviction order against you. But trying to evict a tenant in Malaysia isn’t the easiest thing.

It’s a process that takes approximately 7 months and RM10,000! So this is usually the last resort for most people.

Source from: propertyguru.com.my 

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