Why is Malaysian law so pro-tenant?

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asked on Jun 14, 2017 at 20:18
edited on Jun 14, 2017 at 20:51
by   JKlins18
You are pretty much screwed if your tenant refuses to pay and decides to dig in and stay for free.

If you're one of the decent folks with no 'contacts' or 'alternative solutions', you are pretty much stuck with a large legal bill from your appointed law firm to issue demand letters, eviction notice and obtain court order - which alone would probably take several months (3 or more?), and even then there is no guarantee you can actually physically get the tenant to leave. In the event you do, you already feel blessed, but reality is that you are still hit by thousands in lost rental, thousands in utility bills and probably even tens of thousands on damages to your property.

Just for a moderate property rented out for RM1-2K, you get hit with tens of thousands of losses, countless sleepless nights and stressful days, just because your prop is somehow rented by someone who turn out to be a real lowlife. How is it fair that this lowlife gets to enjoy almost a year of free rental, free utilities and then just waltz out of your property, leaving a trail of damages? 

Why aren't landlords given more protection, especially against non-paying tenants? If tenants don't pay, it should be easy to get rid of them - not force the landlord to spend another fortune on the crazy long legal process and end up getting squat. There should be a specific authorised body which can just take a look at the evidence, and within a minute say, "this idiot refused to pay rent for 6 months, utility 7 months langsung tak bayar, all without any reason... I don't need to go law school to know that this guy is wrong and needs to move out now or I will send officers to remove his behind from the property." Case closed, taxpayer money well spent.
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2 Answers

answered on Jun 15, 2017 at 01:34
Consider the case where the tenant wants to pay rent but do not agree to the increase in rent.
As you can see here, the situation can get complex.
This is the reason why we need a Judge study each case and decide justly.
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answered on Jun 15, 2017 at 18:49
It is still completely unfair and one sided. If the tenant disagree with anything (regardless of the tenancy agreement), at worst, he can just move out. It is nothing compared to the gross injustice on the landlord if it's the other way round. The worst part is that the bad tenants know this and they exploit it to the maximum, making a mockery of our laws.
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