Tenant Refuses to Move Out in Malaysia? What Landlords Can and Cannot Legally Do 2026

By Safarah


The tenancy ended three weeks ago. Your tenant is still inside, and your calls go unanswered.

Many landlords think the solution is simple: change the locks or cut the utilities. In Malaysia, both can put you on the wrong side of the law.

What many landlords do not know is that you may have the right to claim double the rental value for every day a tenant stays beyond the tenancy period.

This guide explains the legal steps to recover your property, what actions to avoid, the real timeline and costs, plus the tenancy clause that can help prevent this problem.

Key Takeaways

• A landlord in Malaysia cannot remove a tenant personally. Possession must be recovered through the court under Section 7(2) of the Specific Relief Act 1950.
• Changing locks, cutting utilities, or removing belongings is illegal, even if stated in the tenancy agreement.
• Landlords may claim double rent for the holding-over period under Section 28(4)(a) of the Civil Law Act 1956, if done correctly through written notice.
• Writ of Possession recovers the property. Writ of Distress recovers unpaid rent (up to 12 months). They serve different purposes.
• Order 89 fast-track eviction does not apply to tenants who continue staying after the tenancy ends.
• Expect around 3 to 6 months for an uncontested case, and 12 months or longer if the tenant disputes it.
• Malaysia currently has no Residential Tenancy Act in force. Your stamped tenancy agreement remains your main legal protection.

Can a landlord force a tenant to leave in Malaysia?

No. The rule is stricter than most landlords expect.

Section 7(2) of the Specific Relief Act 1950 requires a landlord to go to court when a tenancy has ended but the tenant remains in possession. You cannot take the property back yourself.

The provision came into force on 31 January 1992, removing the old self-help remedy for this situation.

Owning the property, unpaid rent, or a lockout clause does not change this. Section 7(2) overrides any contractual right to re-enter and change the locks, making such a clause unenforceable.

There is another risk. Section 8 allows an occupier who you unlawfully dispossess to sue for possession. Change the locks yourself, and you could end up defending a court case while paying to put the tenant back in.

What landlords cannot legally do

One more misconception to clear up: the Tribunal for Consumer Claims does not handle residential tenancy disputes.

A tenancy involves an interest in land, which falls outside the Tribunal’s jurisdiction. So, if your tenant refuses to leave, you cannot use the Tribunal as a cheap shortcut to recover possession.

There is no small-claims route for getting your property back. You need to pursue the proper court process.

What can a Malaysian landlord legally do, step by step?

There are five steps, and the order matters. Jumping straight to legal action without preparing your documents can make the process slower and more expensive.

Step 1: Build Your Case Before You Act

Gather your stamped tenancy agreement, payment records, messages, and inventory list. Record the exact date the tenancy expired or ended.

Check the stamping too. Under Section 52 of the Stamp Act 1949, an unstamped agreement cannot be admitted as evidence until you pay the required duty and penalty. Fixing this during a dispute can cost you valuable time.

For the current e-Duti Setem process, see our guide to tenancy agreement fees and stamp duty.

Step 2: Serve a Written Notice to Vacate

Your notice should clearly state the parties involved, property address, relevant tenancy clause, outstanding amount if any, and deadline for vacant possession.

Use a delivery method you can prove later. Send it by registered post to the tenant’s last known address, and use hand delivery or email if the tenancy agreement permits it. Keep every receipt and proof of delivery.

Step 3: Claim Double Rent

This is the step many landlords miss. Put the tenant on written notice that you are claiming double rent for the holding-over period. You can include this in the same letter.

Step 4: Try One Proper Negotiation

Not every dispute needs to reach court. If the tenant faces financial difficulty, offer a firm move-out date in exchange for waiving part of the arrears, but put every agreed term in writing.

Compare that with months of litigation. A clean, documented exit can often save more time and money.

Step 5: File for Possession and Enforce the Order

If the tenant still refuses to leave, have your solicitor file a civil claim for vacant possession. The Magistrates’ Court handles claims up to RM100,000, while the Sessions Court handles claims up to RM1 million.

Once the court grants possession and the tenant still refuses to leave, apply for a Writ of Possession. The court bailiff carries out the eviction, not the landlord. Even with a court order, do not change the locks or remove the tenant yourself.

A bad tenant costs more than a vacant unit.

Screening, pricing and a properly drafted tenancy can keep you out of court in the first place. Before your next investment, make sure you choose a property with the right location, rental demand and tenant profile.

Looking for a property with rental potential? Explore available homes with IQI.

The Double Rent Rule Most Malaysian Landlords Miss

Under Section 28(4)(a) of the Civil Law Act 1956, a tenant who stays after the tenancy ends can be charged double rent, at the landlord’s option, until they give up possession.

That means you may claim twice the rent for every month the tenant continues to occupy the property, not just keep the deposit.

The Federal Court confirmed the scope of this rule in Rohasassets Sdn Bhd v Weatherford (M) Sdn Bhd [2020] 1 MLJ 557. You do not need to prove the tenant acted badly or deliberately refused to leave. If you properly exercise the option, the court can allow the claim.

What You Need to Do

To claim double rent:

• The tenancy must have genuinely ended, through expiry or valid termination.
• You must not consent to the tenant staying. Accepting rent without objection could support an argument that a new periodic tenancy exists.
• You must demand that the tenant vacate.
• You must state your intention to claim double rent in your statement of claim, as held in Sebumi Magnetik Sdn Bhd v Twinsky Seafood Restaurant [2023] 5 MLJ 813.

Example: How Double Rent Adds Up

Say your rent is RM2,500 a month and the tenancy ends on 1 March. The tenant leaves seven months later, on 1 October.

One important point: double rent is based on the market rental value at the relevant time, not necessarily your old contractual rent. If market rents have increased, your potential claim could be higher.

The Trap Nobody Flags: Your Two Remedies Can Conflict

Landlords often use two separate remedies: a Writ of Distress to recover unpaid rent and a Writ of Possession to recover the property. But the timing matters.

A distress claim depends on the landlord-tenant relationship, while double rent only arises after the tenancy has ended.

So, ending the tenancy may strengthen your double rent claim while affecting your distress remedy. The right approach depends on the amount owed and whether the tenant has goods that can be seized. Speak to your solicitor before sending a termination or demand letter.

After a distress seizure, the tenant receives notice and has six days to settle the debt before the seized goods can proceed to auction. This can give landlords a practical route to recover outstanding rent without waiting for the full possession process.

How long does eviction take in Malaysia, and what does it cost?

Legal costs can add up quickly. A straightforward, uncontested eviction may cost around RM5,000 to RM15,000 in solicitor’s fees, plus a few hundred ringgit in court filing fees. Contested cases can cost more.

The Cost Landlords Often Forget

It is not the legal bill. It is the rent you lose while waiting.

Juwai IQI data from more than 1,000 rental transactions across three central Kuala Lumpur postcodes found rents had stabilised at RM4,500 to RM5,000 since H2 2024. Co-Founder and Group CEO Kashif Ansari noted that rents in this segment had previously peaked at RM6,454 in H1 2024, a 58% year-on-year increase driven by luxury lettings, according to Free Malaysia Today on 22 April 2026.

At RM4,750 a month, six months of delayed recovery means RM28,500 in lost rental income.

Your loan instalment, maintenance fees, quit rent and assessment do not stop while the case runs.

That is why a properly made double rent claim can make a significant difference. It is also why spending six weeks finding and screening the right tenant can cost less than rushing into a tenancy that ends in court.

Not sure what your property should earn? Use our rental yield guide to pressure-test the numbers and read our rental income tax guide for what LHDN expects you to declare.

How to Prevent This from Happening Again

The best way to avoid an eviction dispute is to catch the warning signs before handing over the keys.

Before You Hand Over the Keys

• Verify income, not just identity. Ask for three months of payslips or bank statements and confirm employment.
• Call the previous landlord. Ask about payment history, property care and how the tenant left.
• Collect the full deposit before handover. Do not treat the deposit as optional.
• Document the property. Photograph the unit and inventory, with date stamps, before handing over the keys.
• Stamp the tenancy agreement. Use e-Duti Setem on MyTax and check the current requirements and penalties before filing. An unstamped agreement may need to be regularised before it can be used as evidence in court.

Four Clauses Every Landlord Should Get Right

1. Termination clause: Set a clear notice period and cure period.
2. Holding-over clause: Reserve the right to claim double rent under Section 28(4)(a) of the Civil Law Act 1956.
3. Default clause: Clearly define what counts as a breach, such as three consecutive months of unpaid rent.
4. Costs clause: Set out how enforcement and legal costs will be handled.

A clause you never use costs little. A clause you needed but never included can cost months.

For a broader overview, see our landlord and tenant rights and responsibilities guide.

What About the Residential Tenancy Act?

It is still not law.

The Bill has been discussed since 2018, and KPKT described it as being in its final stages in August 2026. However, there is no parliamentary tabling date stated here.

Until the Bill is passed, gazetted and brought into force, landlords continue to rely on the stamped tenancy agreement, Contracts Act 1950, Specific Relief Act 1950, Civil Law Act 1956 and Distress Act 1951.

For now, your tenancy agreement is your first line of protection. Draft it accordingly.

Frequently Asked Questions (FAQs)

This article is general information about Malaysian property practice and is not legal advice. Tenancy disputes turn on the specific wording of your agreement and the facts of your case. Speak to a qualified Malaysian solicitor before serving any notice or commencing proceedings.


*source from iqiglobal.com/blog/