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Claim Damages for Remaining Balance Rental of Uncompleted Tenancy

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asked on Sep 20, 2015 at 05:05
by   Mustang
edited on May 17, 2016 at 08:54
 
I felt unfair and fooled by real property agent and tenant. I was convinced by real property to rent out a condominium with fully furnished facility. 2 years tenancy was signed between myself and the tenant. The tenant decide to terminate the tenancy and move out after 7 months of rent. I invest a lot of monies in renovation, bought furniture and electrical items. Continue to pay the monthly loan installment.

In the tenancy agreement, clause 7.4 it states that "There shall be no termination of the tenancy during 24 months by either party in case of breach, a sum equivalent to the remaining period of the tenancy shall be compensated by whichever party who committed the breach to the aggrieved party. And the deposits hereto shall also be forfeited."

In this scenario, can I claim damages from real property company through tribunal and ordinary damages remaining 17 months rental from tenant who not serve full rental tenancy?
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5 Answers

answered on Sep 20, 2015 at 15:43
by   vkpc
The agent or real estate company did not enter into any written contract with you.
Only the tenant has a contract with you.
You can sue the tenant at the Consumers Tribunal.
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answered on Sep 20, 2015 at 20:38
by   Mustang
edited May 17, 2016 at 08:56
 
I guess tribunal can file a case not exceeding RM25,000. In my case monthly rental is RM3,800, total damages for remaining 17 months uncompleted tenancy resulting total of RM64,600. Based on the facts provided, how many percentage of successful rate to obtain court order for a compensation of RM64,600?
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answered on Sep 21, 2015 at 01:41
by   vkpc
Based on the facts provided, how many percentage of successful rate to obtain court order for a compensation of RM64,600?
Yes, for large claims, you need to go to Magistrates Court.
Obtaining the Court Order is the easy part.
Getting paid after winning is the hard part.
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answered on Oct 10, 2015 at 06:01
by   Mustang
edited May 17, 2016 at 08:56
 
@vkpc

Thanks for the good tips!
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answered on May 12, 2016 at 23:40
by   Oreo
edited May 17, 2016 at 08:57
 
You can file bankruptcy if they refuse to pay even after getting a judgment against them. Looking at your tenant able to pay your rental of RM3800 per month, your tenant wouldn't want to have a title of bankrupt with them. 
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