Tenant wants to terminate tenancy and also claim for renovation cost

802 Views  ⚫  Asked 6 Years Ago
asked on Oct 11, 2014 at 09:19
Hi all.

I rented out my shoplot to this chinese tenent (AlXXXXXN fresh market)since April this year through an real estate agent.  Upon this tenent request, I agreed to give him 2 month rent free.  I recieved 3 months deposit and 1 month advance which already went to agent commision.  So I started collecting rent from July this year.  He is a difficult tenant.  I could only get my rent almost at month end.  I have to keep calling him to chase rent.  Last month in September, I told him he continue feel reluctant to pay rent.  I will not continue our tenancy after 3 years the tenancy expired.

Today I recieved a letter from this tenant lawyer saying that this tenant (1) giving 2 months in advance to terminante tenancy and will give me back key in after November.  This is fine with me.  (2) he wants to use his deposit as for rent for october and November and I have to pay him back right after he move out.  (3), he ask for compensation for 10,000 ringgit for his cost and expenses for the renovation and alteration to the shoplot due to I cannot produce him my shoplot CF so he cannot obtain the licence permit approval from the local authority that resulting his loss. 

I was not able to provide him the CF because my lawyer never give me copy when I purchase in 2008.  This tenant is my 3 tenants.  The previous 2 never ask for CF.  So we already went to town council to apply for copy, until now still cannot get one.  we have asked all shoplot neighbour one by one for copy. some also never get from their lawyer.  some refuse to lent us.  At the end, we managed to borrowed one.  unfortunately, it cannot be used because it is from different street,  have to be on the same street.  However, the town council said actually my tenant still can get business license through a runner.  Many people do not have CF also get thier license through runner.

In april time,We gave him the letter that we apply CF from MPSA, also a copy CF that we borrow from neighbor.  Also he can get through a runner. still, the tenant insist a CF.  Eventually, I told my agent let cancel the tenancy since I cannot give him the CF and he cannot apply for business license.  I have not bank in his deposit.  In fact I waited until in June time, then only I banked in his checque.  after that My agent called me said the tenant still want to rent and said it is ok with no CF.

This tenant start operating business in begining May.  We thought he has settle his license problem.  and his bisness sign-board in hang up high.  Then in August time when I start collect rent from him.  He ask me again for CF. ????  I asked how he can hang his sign board up if he don have permit.  He said he cannot apply without my CF, so he hanged his old sign board.  he said MPSA people came to kacau and gave me saman, also many indian gangsters came to his shop to disturb his bangla workers.  ( tenent works from his HQ in Selayang.  my shoplot just his branch ).  In fact, we went to check with his few bangla workers.  They all secretly told us actuall never see MPSA people or indians came to kacau them.  This tenant just a tip top good liar.

Of course I am not an idiot to pay him 10000 what he want.  I will reply and reject his silly claim.  My question is.

1)  How can I make him to pay me rent until november as I know security deposit is used to compensate if he damage my building.

2)  if he really bring up a lawsuit.  Can I hire a lawyer for counter claim ? like anything ?

thanks all for help
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