fbpx

20180719 Can landlord lock up tenant inside who refused to pay rent?

20180719 (Thu)

Can you as landlord, lock up your own house with tenant inside who did NOT pay rental and refused to vacate?

This is a common case where it became a way to get rid of your tenant. However, in law, this is forbidden! Locking up the gate and doorway is wrong!

In 2018, there was a case of agent and landlord locking up tenant and caught by police! The case is being investigated under Section 342 of the Penal Code for wrongful confinement, which carries a jail term of up to a year, a fine of up to RM2,000, or both, upon conviction.

https://www.edgeprop.my/content/1287177/landlord-and-agent-police-lock-locking-tenant-apartment

Anything which endangers the life of another person is criminal in nature. Locking up your tenant’s space can cause health and life support to fail. Thus, it can be criminal in nature.

In fact, you may actually get into legal hot soup for doing this, as we can see from Section 7(2) of the Specific Relief Act 1950:

“Where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover it against the occupier otherwise than by proceedings in the court.”

Eviction of tenant please go read the below article.

http://www.starproperty.my/index.php/articles/investment/qa-howcan–i-evict-my-tenant-for-not-paying-the-rent/
https://asklegal.my/p/rental-does-not-pay-rent-landlord-tenant-evict-tenancy-agreement

Leave a Reply

Translate »