Eviction 101: How to Legally Evict a Tenant in Malaysia Without Breaking the Law

NMC Publisher
Apr 27, 2025
3 min read

Evicting a tenant is never pleasant.

Whether it’s unpaid rent, property damage, or simply refusing to leave after the tenancy ends — many Malaysian landlords find themselves asking:

"Can I just change the locks?"

The short answer is: No.

If you do, you could be the one breaking the law.

At Nur Maidin & Co., we often assist landlords who face stubborn tenants. If you're in this situation, here’s what you must know to evict a tenant properly and legally under Malaysian law.

A. You Cannot "Self-Evict" the Tenant

First things first — never take matters into your own hands.In Malaysia, a landlord cannot:

Forcefully remove the tenant,
Change the locks without notice,
Shut off utilities like water and electricity,
Physically intimidate the tenant to leave.

Doing so could expose you to legal action for trespass, harassment, or even criminal intimidation under the Penal Code (Act 574).

Relevant Law:

Section 441 of the Penal Code: Defines criminal trespass.
Section 427 of the Penal Code: Deals with mischief and damage to property.

B. Always Check Your Tenancy Agreement First

Before doing anything, read the tenancy agreement you signed with the tenant.A well-drafted agreement should include:

Duration of tenancy,
Notice period for termination,
Conditions under which the landlord can terminate early (e.g., non-payment of rent),
Security deposit terms.

If the tenant has breached the agreement, for example, failing to pay rent for two months, you usually have the contractual right to terminate the tenancy.

C. Issue a Proper Notice of Termination

You must give written notice to terminate the tenancy.Typically, a 14-day or 30-day notice is standard, but check your agreement for specific timelines.

The Notice of Termination should clearly state:

Reason for termination (e.g., unpaid rent),
Deadline for the tenant to vacate,
Warning that legal action will be taken if they fail to leave.

Keep a copy of the notice and proof of delivery (registered post, WhatsApp message, or email acknowledgment).

D. If the Tenant Refuses to Leave: File for Possession in Court

If the tenant still refuses to vacate after receiving the notice, you must go to court to obtain a Writ of Possession.

You need to file:

Writ of Summons and Statement of Claim, and
Later apply for a Writ of Possession under the Specific Relief Act 1950.

Relevant Law:

Section 7(2) of the Specific Relief Act 1950: Allows a person entitled to possession to sue for recovery.

The Sessions Court has jurisdiction to handle tenancy disputes where the amount in dispute (usually rent arrears or property value) does not exceed RM1,000,000.00, based on the Subordinate Courts Act 1948 (Act 92).

In urgent cases (e.g., serious damage to property or illegal activity), you can apply for urgent possession (ex parte applications), but the courts rarely grant these without strong evidence.

E. Enforcement: Court Bailiff Will Evict the Tenant

Once you obtain the Writ of Possession, enforcement is carried out by the Court Bailiff, not by you personally.

The bailiff will:

Serve the eviction order,
Give a reasonable time (typically 24-48 hours),
Physically remove the tenant if necessary,
Secure the premises.

Trying to evict without the bailiff can be considered an illegal eviction under Malaysian law, even if you have won your case.

F. What About the Security Deposit?

If the tenant caused damages or left unpaid rent, you may deduct those costs from the security deposit.However, you should:

Prepare a full breakdown,
Keep photographic evidence,
Return any balance within a reasonable time to avoid disputes.

Common Pitfalls Landlords Must Avoid:

Changing the locks without a court order.
Shutting off water and electricity.
Intimidating the tenant.
Accepting "partial" rent after sending a termination notice (this may reset the legal position!).