@ppnnkk2011
1. Contract: So the first thing you need to check is that you have a contract with a section that legally states your rights and what the processes are in the event of an eviction.
2. Eviction notice: If the tenant has defaulted numerous times on what was agreed upon in the contract/tenancy agreement, then the eviction notice can be issued in accordance with that same agreement. It must however, include a grace period so the tenant can make plans to pack and leave and also to do an official handover of all the items included in the apartment and make full payment of overdue rent.
3. Eviction order: If the tenant refuses to move and remains in the apartment or premises after the notice date expires, then you, as the landlord, can file an eviction order in court against the tenant for outstanding rental, double rental (you can claim double rental if the tenant remains past the due date) and recovery of the premises and all possessions belonging to you therein. Be warned though that an eviction order could take anywhere from three to six months at the Sessions Court and would cost you RM7,000 to RM25,000. If the tenant contests the summons, then the cost would be higher.
Another way is you can lodge a polis report to evict the tenant after you served the notice (3 times for each month through post office to make it as a legal written notice). Sometime the outstanding rental amount or summons is not worth to go to Court. Hope it is helpful, all the best =)
Alex Tan
016-960 5191
CBD Properties (Puchong)