When a tenant refuses to leave

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

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Malaysia lauds ICJ ruling on illegality of Israel's occupation of Palestine

 

Top UN court deems Israel’s presence in occupied Palestinian territories illegal

This photograph shows a general view of the courtroom during a non-binding ruling on the legal consequences of the Israeli occupation of the West Bank and East Jerusalem at the International Court of Justice (ICJ) in The Hague on July 19, 2024. -AFP

PUTRAJAYA: Malaysia has lauded a ruling by the International Court of Justice (ICJ) that Israel's continued occupation in the Occupied Palestinian Territory (OPT) is unlawful and should cease immediately.

Wisma Putra said following the landmark ruling, all nations should compel Israel to abide by the decision and immediately end their support to Israel in continuing its illegal occupation of Palestine.

"Malaysia hails the landmark ruling of the ICJ in favour of Palestine rendered through its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the OPT, including East Jerusalem on July 19.

"The court, by an overwhelming majority, ruled that Israel's continued occupation in the OPT is unlawful and should end immediately. 

"All new settlement activities should be ceased and all damages be compensated," it said in a statement on Saturday (July 20).

Wisma Putra said the ICJ ruling upholds Palestinian legitimate right to self-determination and that Israel's actions and policies contravene international law.

The Court, it said, also emphasised the collective legal obligations of all states and international organisations to end the illegal occupation by Israel.

The findings of the ICJ also affirm Malaysia's legal arguments presented by Foreign Minister Datuk Seri Mohamad Hasan during the oral submission to the court on Feb 22.

"Malaysia will continue to support and strongly advocate for the establishment of an independent and sovereign state of Palestine, based on the pre-1967 borders, with East Jerusalem as its capital, as well as the admission of Palestine as a full member of the United Nations," it added.

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Thrilled to leave his mark in China

 

Melaka-born lawyer finds the perfect place to work hard and play hard

Running man: Mah, has taken part in over 10 marathons in China. — Photo by Mah Soon Sin

PETALING JAYA: Aiming to establish a legal career, he decided to relocate to the Middle Kingdom with the expectation of a relatively short stay in the country.

“Yet, unexpectedly, here I am in my ninth year,” said Mah Soon Sin, an international legal consultant at a Chinese law firm.

The Melaka-born lawyer has become so proficient in Mandarin that locals often mistake him for a native speaker.

“Whenever I meet strangers or make new friends, they tend to think that I’m a local,” he said, adding that his accent is similar to theirs.

In addition to his linguistic abilities, the 39-year-old bachelor has participated in over 10 marathons in China.

The enthusiastic runner, who has worked in Shanghai, Qingdao and Hangzhou, said: “I have achieved a personal best by completing a marathon in three hours and 43 minutes in China.”

Currently based in Hangzhou, Mah said he appreciates the ease of travel between cities.

“I find it convenient here. Shanghai is a mere 50-minute high-speed train ride away, along with Suzhou.”

It’s easy to travel within this vast country, said Mah.

“I enjoyed exploring the cities. While I haven’t visited them all, places like Tibet have left me mesmerised.”

Looking ahead, he said Beijing could be his next destination.

“It beckons as a place steeped in history. The Forbidden City and other historical sites are truly remarkable and worth exploring.”

When it comes to food, Mah has savoured the diverse offerings rooted in the country’s geography and population.

“The culinary scene in China is a delightful mix of flavours.

“Sichuan dishes bring the heat while Shanghai cuisine leans towards sweetness, each offering a unique taste,” he said.

As for his vocation, Mah has found his career thriving in China.

Serving as a legal director and in-house counsel for multinational giants spanning ecommerce, high-tech, and traditional manufacturing industries, Mah has spearheaded a wide range of projects, from mergers and acquisitions to litigation.

“My work here is fulfilling, although demanding at times,” he said.

Reflecting on his early days in China, Mah remembered arriving in China alone in 2015 with limited knowledge of the country but armed with a strong desire to better himself.

“I distinctly remember arriving here with no friends and with just 20,000 yuan to cover my initial expenses.

“Although unfamiliar with China and lacking local connections, I was eager to establish myself.”

Mah said he was thankful for his enriching experiences and achievements in China.

“I have gained much insight (into the country). I am thankful for all that I have accomplished so far.”

As for the 50th anniversary of the establishment of diplomatic ties between Malaysia and China, Mah said, “I hope this relationship will deepen with more development between the two nations and their people.”

He encouraged young people to bravely pursue their dreams, even in a foreign land.

“With clear vision and preparation, we can overcome any obstacles and achieve our goals.”

Having worked in Malaysia and Singapore before finding his niche in China, Mah acknowledges that he misses home sometimes.

“I do miss the work-life balance in Malaysia, but I aspire to achieve more in my current environment.”

And when homesickness does strike, Mah has some familiar “companions” from Malaysia.

“My trusty blanket and pillow from my hometown still accompany me,” he quipped.

By ALLISON LAI allison@thestar.com.my

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Know how this vital law protects you from fraud

 

Photo: 123rf.com

CONSUMER protection laws are designed to safeguard consumers and ensure they are not subjected to fraudulent or unethical practices by businesses. One such law in Malaysia is the Financial Consumer Services Act 2013, which aims to protect consumers from unfair or deceptive practices by financial institutions.

One issue that has received increased attention in recent years is “mis-selling” by banks selling investment products to its depositors. Mis-selling refers to the practice of selling financial products to consumers that are not suitable for their needs or financial situation, which can often result in significant financial losses.

Banks have been known to engage in mis-selling by aggressively pushing investment products such as mutual funds, stocks, and insurance policies to their depositors without adequately disclosing the risks involved.

The Financial Consumer Services Act (FCSA) seeks to address this issue by imposing strict requirements on financial institutions to ensure that they act in the best interests of their clients.

FCSA requires financial institutions to disclose information about their products and services in a clear and concise manner, to ensure that consumers can make informed decisions.

It also provides for the establishment of a dispute resolution mechanism to enable consumers to seek redress for grievances.

In addition, the Act requires financial institutions to obtain sufficient information about their clients’ financial situation and investment goals before recommending any investment product.

This is particularly important if customers do not have the same level of knowledge or experience as more seasoned investors.

The Act also provides consumers with greater protection in the event of a dispute. It establishes an independent dispute resolution mechanism that is fair and impartial to resolve complaints and disputes between consumers and financial institutions.

In addition to this, the FCSA provides for compensation for consumers who have suffered losses as a result of mis-selling. Financial institutions are required to establish complaint handling procedures that enable consumers to make complaints and seek redress. These procedures must be transparent and accessible, and financial institutions must take reasonable steps to resolve complaints in a timely and efficient manner.

The FCSA also provides for enforcement measures to be taken against financial institutions that engage in unfair and deceptive practices. This includes fines, penalties, and other sanctions that may be imposed by the regulator.

These measures are designed to deter financial institutions from engaging in practices that are harmful to consumers.

It is important to note, however, that consumer protection laws are only effective when they are enforced. Financial institutions that engage in mis-selling must be held accountable for their actions, and consumers must be empowered to seek redress when they are harmed. This requires a strong and effective regulatory framework, as well as consumer education and advocacy to ensure that consumers are aware of their rights and able to protect themselves.

The FCSA is an important piece of legislation that plays a vital role in protecting consumers in the financial sector.

It provides consumers with greater transparency and clarity in financial transactions, and ensures that they are not subject to unfair and deceptive practices.

The provisions of the Act relating to the mis-selling of investment products by banks are particularly important, as this is a problem that has affected many consumers in the past.

With the FCSA in place, consumers can have greater confidence in the financial sector and can be assured that their rights and interests are being protected.

- PROF DR ONG TZE SAN School of Business and Economics Universiti Putra Malaysia 

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Financial Services Act 2013 - Bank Negara Malaysia

 

https://www.bnm.gov.my/documents/20124/820862/Financial+Services+Act+2013.pdf

 

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Muhy­id­din, the 2nd former prime min­is­ter in corruption charges for kickbacks from bumi contractors Jana Wibawa; Good governance entails inclusivity

Tan Sri Muhy­id­din Yassin is the second former prime min­is­ter after Datuk Seri Najib Razak was charged in court.

Focus on your court cases, Anwar advises Muhyiddin

 Muhy­id­din, who is Ber­satu pres­id­ent and Perikatan Nas­ional chair­man, was charged at the Ses­sions Court yes­ter­day with four counts of power abuse involving a total of Rm232.5mil in grat­i­fic­a­tion and two counts of money laun­der­ing involving Rm195mil.

Muhy­id­din, who is Ber­satu pres­id­ent and Perikatan Nas­ional chair­man, was charged at the Ses­sions Court yes­ter­day with four counts of power abuse involving a total of Rm232.5mil in grat­i­fic­a­tion and two counts of money laun­der­ing involving Rm195mil.

Najib was sen­tenced by the Kuala Lum­pur High Court on July 28, 2020 to 12 years’ jail and a Rm210mil fine after he was found guilty of seven charges of crim­inal breach of trust, money laun­der­ing and abuse of pos­i­tion in the Rm42mil SRC Inter­na­tional case in con­nec­tion with the sov­er­eign fund 1Malay­sia Devel­op­ment Bhd (1MDB).

RM300mil kickback claims that led to charges being filed

PETALING JAYA: The charging of Bersatu president Tan Sri Muhyiddin Yassin in court is linked to allegations that contractors had deposited RM300mil into the party’s accounts in return for projects.

The projects were part of the Jana Wibawa programme, which was set in November 2020 by Muhyiddin when he was the prime minister, to empower bumiputra contractors struggling during the Covid-19 pandemic.

Under the scheme, bumiputra contractors rated three to five stars were given contracts through direct negotiation.

They had to be approved by the Finance Ministry and Muhyiddin has pointed the finger at his finance minister then, Tengku Datuk Seri Zafrul Tengku Abdul Aziz, as the one who had approved the companies getting the projects.

Muhyiddin has also called the allegations “political slander” to smear his reputation as the eighth prime minister.

In February, the MACC froze Bersatu’s accounts and has since charged several individuals in court.

They included former Bersatu information chief Datuk Wan Saiful Wan Jan and Segambut Bersatu division deputy chief Adam Radlan Adam Muhammad.

They were alleged to have collected funds from the award of the projects.

On March 2, Bersatu treasurer Datuk Mohd Salleh Bajuri was remanded by the graft busters to assist investigations into the party’s expenditure.

Mohd Salleh was instructed to go to the MACC headquarters on March 1 to give a statement on payments by Bersatu to suppliers and vendors. 

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Good governance entails an inclusive approach

INTRODUCED in November 2020 during the administration of Tan Sri Muhyiddin Yassin, the Jana Wibawa programme was meant wholly for bumiputra contractors to help them cope with the devastating effects of the Covid-19 pandemic.

The Malaysian Anti-corruption Commission’s (MACC) probe into Jana Wibawa has revealed the shenanigans of the persons allegedly involved. According to Law and Institutional Reform Minister Datuk Seri Azalina Othman Said, there were 56 projects valued at Rm6.3bil under the programme. But that’s another matter.

It must not be overlooked that non-malay contractors were also affected by the Covid-19 maelstrom. Some were on the verge of bankruptcy too.

It is therefore regretted that the government of the day chose to implement a politically popular policy instead of one that promoted inclusivity and would have enhanced racial unity.

Prime Minister Datuk Seri Anwar Ibrahim, in enunciating the principles of Malaysia Madani, emphasised that the direction of the country must be guided by significant priorities that require an approach cutting across political, social, economic, environmental and technological aspects.

Good governance entails a more inclusive culture in promoting unity in diversity. It is hoped that the future will not look anything like the past.

- DR A. SOORIAN Seremban 

 

Accusations of politically-motivated actions do not bother me, says Anwar

 

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