MY TENANT REFUSES TO PAY RENT. WHAT CAN I DO AS LANDLORD?

syazwan jafri
Jan 8
2 min read

'Can you sue your tenant for damaging your unit?'

It starts with a promise.

The tenant seemed reliable. Payments were on time for the first few months. But then, delays. Excuses. Silence. And now, months of unpaid rent.

If you're a landlord in Malaysia facing this exact scenario, you're not alone. More importantly, you do have legal options, but they need to be approached carefully.

Avoid "Self-Help" Evictions

Many landlords are tempted to just change the locks or cut the water. Don't. That could expose you to a lawsuit for unlawful eviction.

Instead, start with documentatnion:

Proof of the tenancy agreement (even if it's verbal, written evidence helps);
Payment history; and
All written notices or WhatsApp messages demanding payment.

In one case, a landlord who tried to evict a tenant without a court order was held liable for trespass, even though the tenant had stopped paying rent.

(Tee Hua Beng v. Kajang Maju Sdn Bhd [1995] 2 CLJ 429)

Moral of the story? Due process matters, even when you’re right.

Legal Option 1: File a Civil Claim for Rent Arrears

You can sue the tenant in court to recover unpaid rent. If the arrears are under RM100,000, this can be done through the Magistrates or Sessions Court. If it's a smaller amount (under RM5,000), you may even consider the Small Claims Court, where lawyers aren’t required.

But keep in mind: a court order to pay doesn’t always mean the tenant will pay. That’s why…

Legal Option 2: Apply for Eviction (Writ of Possession)

If you want the tenant out, you'll need a court order. This involves:

Terminating the tenancy (usually via a notice of breach or termination);
Filing a suit for vacant possession; and
Obtaining a court order to remove the tenant legally.

The process isn’t instant, but it’s enforceable. And it protects you from any counterclaims.

Final Thought

As a landlord, you're running a business, not a charity.

The law recognises your right to income, but it also requires proper process.

So if you’re facing a non-paying tenant, don’t act out of frustration. Act with precision. Get advice, document everything, and let the law work for you.