Tenancy Dispute With Owner

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asked on Feb 17, 2016 at 09:13
by   Kenny
I have been staying in my current rented condo since June 2011 and all these while I have been paying the rental of RM900/month. Initially, have also paid the owner RM2300 as the security deposit(2 months rental deposit + RM500 utility deposit) before I moved in. Unfortunately, we don't have a proper Tenancy Agreement being agreed for the rental but the agent who handle the transaction has given me the receipt for the security deposit.

Then by the end of January 2015 the owner suddenly decided to raise the rental to RM1300/month but after a few negotiation we finally agreed at RM1100/month. Unfortunate, on the 27th of January 2016, he again decide to raise the rental to RM1450/month. So, I responded to him by email asking him reconsider about the increment but this time he told me if I don't agree with the rental increment I can just pay half month of the RM1100 rental which RM550 and then vacate the premises by 15th Feb. At the same time I ask him how he can give me the assurance of returning my security deposit but he just answer me that he will only return to me once I moved out from the premises. Just for your info, I have never met the owner since the first day I moved in and I have been depositing the rental payment into his wife bank account all these while.

So now I decided to hold back the rental for Feb and Mar. I have also given him a 2 month notice effectively from 1st February 2016 and I'll vacate the premises by 31st March 2016 and pass the keys back to same property agent who rented this place to me initially but he insisted I have to vacate the premises by 19th of March and pay him pro-rated for that month as well. I have been a very prompt pay master since I move in the unit and never once I owe him any rental which I have all the receipt of payments. I have also told him that if he have any doubts about the condition of the premises he can ask the agent to come and inspect the unit herself. Unfortunately, he is trying to be nasty by telling me to pay up the over due rental for the month of Feb by 19th Feb which I have been holding till now or else he will ask the moving company to move all my stuff out from the house and clear the premises.

The reason I'm holding back the rental is not that I can't afford to pay but because he can't give me an assurance on how he can return the deposit back to me. I don't know where is his exact location as I only know that he is currently working in UK together with his wife. We only communicate through email, Skype or text messages. I have already told him that I'll moved out by 31st March but just in case if he is trying to be funny, what can I do to protect myself in this situation?   

1. Can he just break-in to my unit without getting a proper eviction order from the court or even create difficulties for me to enter the premises?
2. What can I do if he really breaks-in? Can I sue him for trespassing?
3. How long before he can file for application for eviction order or writ of distress? Is it 14 days after the rental is due? Is there any specific time frame? If he does apply for either one of the above, how long will it takes the court to approve it as we don't have any tenancy agreement.
4. Is there any specific time frame for him to give me the eviction notice to vacate the property?

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3 Answers

answered on Feb 17, 2016 at 10:06
by   Kenny
Can the owner increase the rental as he likes even though he just increased it last year? He increased in exactly after one year he has increased previously.
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answered on Feb 22, 2016 at 22:55
by   Nickky
WoW, this is bad !!

What happening bro ?? Did the owner gave you any reply ?

I am also stuck in similar situation ? any idea.
I am thinking to talk to police.
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answered on Jul 3, 2016 at 18:45
by   Wills
Any update guys on the latest outcome?
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