Summary
In Malaysia, tenancy agreements, including subleases, are governed by contract law. If facing eviction due to late payment, review your sublease for clauses on late payments and ensure the eviction process follows legal requirements. If the property is bequeathed to you, verify the wills validity and initiate the transfer process. Communicate your impending ownership to the original tenant and provide evidence of the bequeathment. Once ownership is confirmed, notify the tenant and terminate rental agreements if necessary. If eviction proceedings continue, present evidence of your impending ownership in court and consult a legal advisor for guidance.Full Conversation
Well I'm currently facing an eviction notice on a property that I'm renting on a sub lease
I'm sorry to hear that, John. To better assist you, could you tell me if your sublease agreement is in writing, and if you received any formal notice from the landlord or the original tenant?
Yes it is and I have received a notice from the original tenant
Thanks for sharing that, John. In Malaysia, tenancy agreements, including subleases, are typically governed by contract law. Here are a few points to consider:
- Ensure your sublease agreement complies with the terms of the main lease.
- Check if the notice complies with any terms specified in your sublease agreement.
- Review the notice period and grounds for eviction.
Has the original tenant given any reason for the eviction?
The reason for the eviction is late payment
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It sounds like you have a valid concern regarding the eviction notice due to late payment. You might want to check the following:
- Review your sublease agreement for any specific clauses regarding late payments.
- Assess if the eviction process has adhered to the legal requirements outlined in your agreement.
- Consider negotiating a payment plan with the original tenant.
Would you like any additional guidance on this matter?
But here's the twist. Although I am renting from the original landlord, the actual owner of the property is my relative. He recently passed away and in his will, he bequeathed the property to me
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Given the unique circumstances involving the property being bequeathed to you, it's important to address both the eviction notice and the transfer of ownership.
- Verify the validity of the will and initiate the process to have the property legally transferred to your name.
- Consult with a legal expert to navigate both the eviction issue and the inheritance process.
Would you like more information on how to start the property transfer process or address the eviction?
I am in the process of getting the property transferred to my name but what I don't understand is why the original tenant is still trying to evict me knowing that I will soon become the owner of the property
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The original tenant may not recognize your impending ownership until the transfer is complete. It's crucial to ensure the legal transfer process is finalized and that all parties are properly informed. You may need to address the eviction legally until your ownership is confirmed. Would you like guidance on how to communicate this situation to the original tenant?
once I do become the owner how do I make arrangements so that I do not need to pay him rent anymore?
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Once you become the owner of the property, you can take the following steps to ensure you no longer pay rent:
- Obtain the property title in your name.
- Notify the original tenant of your ownership with legal documentation.
- If necessary, formally terminate any existing rental agreements with the tenant.
Would you like more information on managing the property once you become the owner?
I need information on how to prevent the eviction from happening given the circumstances
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To prevent eviction, you can:
- Communicate with the original tenant about your pending ownership and request a temporary halt on eviction proceedings.
- Provide evidence of the property's bequeathment and the ongoing transfer process.
- Seek a temporary agreement or mediation until ownership is finalized.
Would you like more information on handling negotiations with the tenant?
if he proceeds with the order anyway, what are the odds that it will be enforced or entertained by a judge given the fact that I have proof that I am to be the next owner
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In Malaysia, the enforcement of an eviction order depends on the legal standing and evidence presented. Here's what you might consider:
- Present proof of the property's bequeathment and your impending ownership to the court.
- Ensure the eviction notice aligns with legal procedures.
- Highlight any discrepancies in the eviction process.
Would you like more information on presenting your evidence in court?
yes
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To present your evidence effectively in court, consider the following steps:
- Collect all relevant documents like the will, transfer application, and current tenancy agreements.
- Prepare a concise explanation of your situation.
- Consult a legal advisor for guidance on court proceedings.
If you need further legal assistance, feel free to ask!
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