©The New Straits Times (Used by permission)
LEGAL firm director Andy Low Hann Yong said landlords should not underestimate the importance of a tenancy agreement.
"Tenancy agreements are a form of contract, governing the obligations and the relationship between landlords and tenants. Landlords are entitled to the remedies available upon the breach of contract by the tenants.
"For instance, the parties can include the following terms and remedies in the tenancy agreement; landlords are entitled to deduct from the security deposit such sum of sums that may be due to the landlord as rent or deduct the costs of any repairs and replacement of damaged or lost fixtures belonging to the landlords.
"Landlords are also entitled to deduct from the utilities deposit for any outstanding water or electricity bills, including all fines and penalties, due to the tenants.
"On the other hand, landlords shall permit the tenants to quietly enjoy the premises during tenancy and to maintain main structure, roof, pipes and electrical wiring of the premises."
He said in addition to this, Section 5(1) of the Distress Act 1951 permits a landlord to apply to court for the issuance of a warrant of distress to recover rent due and payable to the landlord by a tenant for a period not exceeding 12 completed months of the tenancy, preceding the date of the application.
"Although the law has made provisions, we have heard many cases whereby landlords lock the tenants out or within the premises when the tenants refuse or delay payment of outstanding rents and refuse to leave the premises.
"The landlords, in such cases, face the risk of being sued for trespassing or charged for unlawful detention. Section 7(2) of the Specific Relief Act 1950 specifically requires landlords to obtain a court order before they can recover possession of the property from tenants.
"An application can be made under the Distress Act 1951 to recover the possession of the property from the tenants with the assistance of a bailiff.
"The bailiff will also be given authority to seize the tenants' immovable properties and put them up for sale. The proceeds can be utilised to satisfy the tenants' rent due and the costs and expenses incurred."
However, if a tenant runs away without notice, the landlord is left with very few options.
"As noted above, if it is expressly provided in the tenancy agreement, the landlord can deduct the rent due from the security deposit before refunding it to the tenant.
"If the security deposit is insufficient, the landlord can sue the tenant for the rent due. If the total judgment debt, which is final sum decided by the judge which may include interest, for the rent due exceeds RM30,000, the landlord has the option of initiating bankruptcy proceedings against the tenant."