AskCA
On December 4, FN write in and asked on the following:
Hi, I’ve rented out my house to a tenant who paid 4 months’ deposit. After signing in Sept, she offered to do the stamping through her lawyer, and our agent gave the 2 copies to her. It’s been 3 months’ now, and she gives many excuses whenever we want to meet her.
My agent seems to accept all the excuses she gives. My question:

  1. Can I sue the agents company for failure to deliver services or to ask for the fees back. How?
  2. I am going to give the tenant notice to sign the agreement otherwise move out in January as the rent is paid till then. Is the correct thing to do? How to evict them?

Thanks in advance

Dear FN,

Based on the scenario and question furnished to us, our understanding is as follow:-

  1. The Tenancy Agreement (TA) is duly executed by both landlord and tenant;
  2. The tenant has duly paid deposits of four (4) months to the landlord;
  3. The TA was sent for stamping by the Tenant;
  4. The landlord has not received the stamped TA and the Agent is not taking action to procure the same to be delivered to the landlord; and
  5. The landlord now wishes to evict the tenant by giving notice.
  1. You may consider to lodge a complaint to the Board of Valuers, Appraisers and Estate Agents Malaysia which is a body regulating the Valuers, Appraisers and Estate Agents practising in Malaysia.

    Your enquiries and/or complaints can be addressed to:

    The Board of Valuers, Appraisers and Estate Agents Malaysia
    A-27-15 Level 27,
    Menara UOA Bangsar,
    No. 5 Jalan Bangsar Utama 1,
    Bangsar,
    59000 Kuala Lumpur.
    Tel : 03-2288 8815/ 2288 8816/ 2288 8817
    Fax : 03-22888819
    Email: lppeh@po.jaring.my

  2. The termination will be based on the termination clauses provided in the TA. Normally if there is a breach of obligation by the tenant in the TA, then it shall be lawful for the you to serve a notice (1 or 2 months depends on the clause) to the tenant to terminate the TA if not rectifiable. In the event that the tenant still refuses to move and remains in the property, you shall then issue the Tenant an eviction notice, or further an eviction order to be filed in court against the tenant.

Do note that the above answers are given based on assumptions made pursuant to your question without referring to your tenancy agreement and you are advised to seek lawyer’s advice to discuss the matter proper.

Thanks!