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2011年08月14日 ­ 出租房屋 自我保护术 ­ 南洋网

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出租房屋 自我保护术 2011­08­14 15:23

近年来有不少人购买房子,并把该房子出租,借此得到一笔收入以减轻贷款所带来的负担,
甚至有人视之为长期投资或供退休基金的上选。
原本是不错的“静态”收入,可是,国内出租房地产常出现一些意想不到的问题。业主惹上一
头烟之余,甚至蒙受损失的也大有人在。
个案 租户欠租赖着不走

更多 焦点 >>
管你房市欠佳 地产大亨富气依旧 17/05 12:57
Airbnb 改变租房模式 让你当个短期房东 06/02

练小姐年前买入一间双层旧式店屋,空置多时,直至去年初,才找到一位租户。眼见每月可
得一份额外入息,岂知租户还了两个月租金,就开始拖欠。
练小姐征求律师意见后,采取法律行动追讨欠款,租户竟然也坐视不理。甚至到后来法庭宣
判她胜诉,租户还是野蛮的赖着不走,直到庭令颁发下来,租户已溜之夭夭,拖欠的租金还
是没有着落。

15:13

当房东5大考量 30/01 15:53
城市景观展成全球焦点 锁定大马房产市
场 02/01 16:15
全球最大房产展 城市景观明年来马 31/10 15:57
赛城@六本木 塑造退休天堂 03/10 16:03

马来西亚有一个亲租客的法律制度;而且目前没有特定法案法规,明确规定业主与租客之间
的关系与事务。 尽管如此,业主仍然可以寻求法律或其它途径向那些不负责任的租客追讨
所欠的租金。

提供全方位知识和分析 看楼盘听名家开讲

其中,最快捷又简单的方式索回租金欠款就是没收保证金,但是,业主须先给租客发通知
书,要求租客在设定期限内缴付拖欠的租金。

盘 27/06 15:41

11/07 15:20

TRX未来时尚生活区 27/06 15:50
南洋产业展120展摊售罄 40发展商推介80新楼
林叶资本Enstek城 6亿打造综合发展项目 25/04
13:05

如果租客仍未能在期限前支付拖欠的租金,业主方能执行租约里的条例没收保证金。
业主可通过查封行动,查封租客的商品、货物甚至家具,然后出售,并将出售所得作以偿还
租客拖欠的租金。
同时,业主还可向法院申请查封行动的庭令,必须确保符合以下3个先决条件:
1. 业主与租客拥有合法且尚未终止的租赁;
2. 租客未支付租金;
3. 提出申请查封行动必须是业主。
此外,业主有权向法庭申请驱逐令以驱逐违反租约或逾期居留的租户。
驱逐租户需庭令
许多业主为了避免法律诉讼费时的程序及所需的律师费,选择自行解决,即自行驱逐违约的
租客包括更换锁头、将租客的财物搬离物业甚至终止水电供应。
那到底业主是否有权这么做呢?选择自行解决的业主会面对什么样的后果呢?
根据1950年特定救济法案(Specific Relief Act 1950) 第7(2)条文,业主必须通过法律诉
讼,获取有关庭令方能寻求强制索回物业的拥有权。
因此,没有法院训令,业主是没有权利自行驱逐逾期居留或不愿搬离租客。
倘若业主贸然行动驱逐租客,不仅无法回收拖欠租金的可能性,同时大有可能会被起诉为入
侵者的风险。
无论如何,若业主要真正的避免以上的问题,确保在事件发生时能获取应得的赔偿,还是得
需要拟定一份完善的租约。 http://www.nanyang.com/node/375970?tid=694 1/2

6/26/2015

2011年08月14日 ­ 出租房屋 自我保护术 ­ 南洋网

欠租逾3月 业主可索屋

Market Summary

很多业主出租产业时,常常会忽略了“索屋”的条例。

FBMKLCI 1716.810
Change

当然,为了以防发生不愉快的事件,最基本的还是在签约之前了解租客的背景,确保租客有
足够的经济能力交租。
业主甚至可以要求租客在签约前,必须拥有至少一人任为担保人,则可确保将来事发时更方
便采取追索行动。

Name

2083 M

TOP LOSERS

Last

KNM
AAX
TMCLIFE­WB
FRONTKN
SCN
VSOLAR

1650 M

Value
TOP GAINER

552

Volume
TOP ACTIVE

292

Fall

若合约上没有注明此条例,业主惟有采取法律途径。

­14.9 (­0.9%)

Rise

业主应该在租约上清楚列明,若租户违反合约上的条例或拖欠租金超过3个月,业主有权力马
上索回屋子的拥有权。

0.630
0.225
0.170
0.255
0.075
0.120

Change
­0.025
+0.010
+0.165
­0.025
­
­0.005

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GAMUDA: Second Interim Dividend Of 6 Sen Per
Share.
SALCON: Acceptance Of Letter Of Award From
Perunding Majucipta Sdn Bhd.
HTPADU: Accepted A Letter Of Award From The
Government Of Malaysia Worth RM6.89 Million.
DAYANG: Award Of Contract For The Provision Of
Facilities Improvement Project (FIP) For Petronas
Carigali Sdn Bhd Valued At RM250 Million.
ICON: Entry Into The Long Term Charter Contract
Valued At Approximately RM99.0 Million.
AXIATA: Final Dividend Of 14 Sen Per Ordinary Share
Of RM1.00 Each.
MSM: Final Dividend Of 14 Sen Per Ordinary Share.
TCHONG: Final Single Tier Dividend Of 6%.

订阅报纸
有兴趣订阅南洋商报者,请致电Mr Lim Ying Kiang (019­2608077) 或电邮 limyk@nanyang.com.my
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From : MY

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