Jerry rent his house in Cheras to Vincent. However, Vincent defaults in paying Jerry the rental for two months as he is out of employment. Vincent continues to stay in Jerry’s house after the expiry of the tenancy period. Jerry wants to evict Vincent and demand for double rental from him as he has overstayed in his house but Vincent claimed that Jerry does not have the right to do so.


Under the Section 7(2) Specific Relief Act 1950, it requires a landlord to obtain a court order before he can recover possession of the property from a tenant. Thus, Jerry is advised to issue an Eviction Notice to Vincent and provide him with a grace period to move out and pay the outstanding rental. In the event Vincent continues to stay in Jerry’s house and remains in default, Jerry is entitled to claim for the outstanding rental, double rental and recovery of vacant possession from the date of expiry of Eviction Notice until actual delivery of his house by Vincent. Jerry may file an application for eviction order in court which takes approximately 3-6 months at Sessions Court and the costs varies from RM7,000-RM25,000 depending on the circumstances of the case.

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