25/08/2018
::::: 给屋主和房地产投资者的一课 :::::👨💼💥 ( ENGLISH VERSION AT BELOW)
==教你如何把你可恶的租客告上法庭==👨⚖️
==Teach you how to bring your odious tenant to court ==👨⚖️
真人真事
述Darren Loh
本人是赛城(Cyberjaya) 的Paragon@Pangea，某间SOHO单位的业主，我的单位是741方尺，1+1房SOHO单位，在2016年3月建好，发展商OSK交锁匙后我等了8个月，都租不出去，租金的回筹不如预期的高，我看到其他屋主的单位以非常低的租金RM1000-RM1100出租，说实在，我每个月的房贷RM1900 + 管理费 RM400 ，每个月开支RM2300++ 租RM1000 真的妈的低，还要倒贴RM1300 左右，本来应该是比较高档的Project，竟然这个OSK无良的发展商，给豆腐渣工程，本来是落地玻璃窗的设计，尽然建他妈普通Flat 楼的窗口，（那种Aluminium3X4的薄玻璃窗），墙壁又一直漏水，厕所的防水做不好，开始动摇我对这个Project的信心。
一直放空到2016年的11月，有个Property Agent叫 Jimmy Lim （现在没有做了）的打电话给我，有个租客要租我的单位，而且是RM1250的租金，我就就答应了，租客是一间MAMAK档老板，租给他的工人租，RESTORAN NASI KANDAR MARHABA，老板是一个印度回教徒（Mamak)。看起来是Steady，他们自己会安装铁花，灯和风扇。我看租金还不错，就答应了他两年的租约，从2017年1月 - 2019年1月
第二个月的租金就迟交了，可以说是没有一个月准时过，每次都次10-20天左右，他给我的理由是小钱，他们要等月尾结账才可以给，真他妈的烂理由。有时还迟2两个月，又说他的岳父过逝，下次又说他的爸爸过逝。一下又说开斋节，生意不好。一大堆烂理由。
我心想忍他到2019年1月合约到期就叫他懒💩吉路，不要Renew他的租约了。直到2018年的6月，他把生意卖给另一个印度来的印度人，叫KADIR的人。一开始这个KADIR就答应我多多东西，还说会准时交租金，还会Renew租约。我说看着办吧。
果然如此，天下乌鸦一般黑，7月的租金就迟了，我还给他（KADIR）一个星期的Grace Period，他就一直拖三拖四，说会晚上Transfer给我，出Outstation不方便，回来会BankIn 给我，全都是骗人的。Call 他，Whatsapp他都不接，已读不回。
我在7月尾就把水给割了，他也没反应，我在打给他时，他反而鸟我，说我割水就是犯法，要告我。。TMD恶人先告状。好啊，我就说我会报警，叫他搬出去。他竟然大我说要赶他出去就要给律师信先，这个是他懂的程序。。TMD真的Pattern多过Badminton。。好咯，反正我认识很多律师朋友，我就问我的律师说给一封律师信(Demand Letter)要RM500！！而且还要屋主付先，如果他14天不回不付租金（两个月的）就可以报警，然后带警察上门，爆门，把屋里的东西都归我所有。。
在我犹豫要不要给这个RM500时，有天刚好我在FB看到一篇文章，如何自己用法律途经追讨债务。我就自己去试试，而且非常便宜才给一个RM20 就可以出法庭通告给租客，方法如下：
1）去Cyberjaya 的警察局报警 （看你的房产的地址，如果是在甲洞就去回Kepong 的Balai
2）拿了Police Report 还有有效租约 (Tenancy Agreement) 就去Sepang地方法庭 Makhamah Majistreet (也是看你的房产地址，你的地址和租客的地址，因为到时上法庭要方便各方）
3）把你的证据事实写出来，附上Poilce Report & Tenancy Agreement 副本，
4）缴RM20的费用，然后讲谢谢
5）等3-4天，通告就回出了，回去Sepang地方法庭拿
6）把一份法庭通告( Court Order / Perintah Makhamah) 交给对方
7）*要是对方不接的话，把整个过程录影下来，证实已经交给他了,顺便WhatsApp 给他一份pdf file
8）等上庭日期到，去地方法庭，如果他种没来，恭喜你就赢了
9）如果他有来，更好！可以叫法官用🔨砸他的头
# # 这属于民事诉讼案，最高可以Claim RM5000, 如果他欠你的租金多过RM5000 就要出律师信了 # #
==================================================
::::: A lesson for homeowners and real estate investors :::::👨💼💥
==Teach you how to bring your odious tenant to court ==👨⚖️
True Story
By Darren Loh
I’m an owner of a SOHO unit at Paragon@Pangea of Cyberjaya, . My unit is 741 square feet, 1+1 room SOHO unit. It was VP in March 2016. After VP by developer OSK for 8 months, I can't rent it out, the rental return was not as high as expected. I saw other homeowners' units renting at a very low rental rate of RM1000-RM1100. Actually, my monthly mortgage is RM1900 + management fee RM400 The monthly expenditure of RM2300++ rent RM1000 is really low, more over need to top up RM1300 . It suppose to be a relatively high-end Project, but this OSK unscrupulous developer, giving cheapskate quality furnishing, originally the design of the floor-to-ceiling glass window , but built the windows built like Flat building, (the kind of Aluminium3X4 thin glass window), the inner wall is always leaking(everywhere!), the waterproofing of the toilet is not good, and I started to shake my confidence in this Project.
The unit has been vacant until November of 2016. One day a Property Agent called Jimmy Lim called me up. There is a tenant wants to rent my unit, and it is RM1250 rental, I've agreed. The tenant is a MAMAK Restaurant owner who rents his workers to stay, RESTORAN NASI KANDAR MARHABA, and the boss is an Indian Muslim (Mamak). It looks like steady man, they will install grills, lights and fans themselves. I think the rent is not bad, I promised him two-year lease from January 2017 - January 2019
The rent from second month was late. It can be said that there was none punctuality payment. Every time it was 10-20 days delayed, the reason he gave me was small money, they had to wait until the end of the month to pay. Bloody bad reasons. Sometimes late for 2 months, he said that his father-in-law passed away, and next time he said that his father passed away. Then says Ramadan month and business is not good. A lot of bad bad reasons.
I want to holds my temper until tenancy expires in January 2019 and discontinue his tenancy. But until June 2018, he sold his business to another Indian from India, called KADIR. At the beginning, this KADIR promised me a lot of things, and said that he would pay the rent on time and renew lease. I said see how lar.
Dang it!! The rental in July was late again, I gave him (KADIR) a week of Grace Period, he has been dragging and dragging, saying that he will transfer me at night lar, going outstation is not convenient, come back he will BankIn, all of them are deceptive. Called him, Whatsapp he did not pick up, no reply at all !!
I cut off the water supply at the end of July, and he did not respond. When I called him again, he instead pointing at me, saying that it was a crime to cut water supply, and he would sue me. . Darn this bu**er complained on me pulak. Ok, I said I will call the police and ask him to move out. He turned against and said that if I want to chase him out, I need to give him a lawyer letter first. This is the procedure he understands. . Ok , this fella really has more Patterns than Badminton. . Well, anyway, I knew a lot of lawyer friends, I asked my lawyer to issue a lawyer letter (Demand Letter) the charges is RM500! ! Moreover, the Landlord must pay it first, If the tenant does not return the rent for 14 days (two months), I can call the police, then take the police to the door, force open the door, and take all their belongings in the house.
While I was hesitating to pay this RM500, I just saw an article in FB, how to use legal method to recover debts. Ok ,I give a try by myself, and it is very cheap to pay only RM20 and can issue the court to the tenant, here’s how:
1) Go to lodge a report at police station in Cyberjaya (depends the address of your property, eg: if you are in Kepong, go back to Balai in Kepong)
2) Take the Police Report and the Tenancy Agreement. Go to the Sepang District Court, Makhamah Majistreet (also depends on your property address, your address and the address of the tenant, because it is convenient for both parties to go to court)
3) Write your evidence facts and attach a copy of the Poilce Report & Tenancy Agreement.
4) Pay RM20 fee, then say thank you
5) Wait 3-4 days, the notice will be issue, go back to the Sepang District Court
6) Give a court notice (Court Order / Perintah Makhamah) to the tenant
7)* If he does not acknowledge, record the whole process and confirm that it has been handed over to him. By the way, WhatsApp him a pdf file as well
8) When the date of the court is up, go to the District Court. If he didn’t turn up, congratulations, you won!
9) If he come, better! Can ask the judge to knock his head with hammer
# # This is a civil lawsuit, the maximum can be Claim RM5000, if he owes you more than RM5000, you will have to appoint a lawyer to issue demand letter. # #
