When a tenancy goes wrong, it helps to know your options.
This guide covers the law in Peninsular Malaysia. Sabah and Sarawak may differ on some points.
The most common disputes
- Unpaid rent. The tenant falls behind.
- Damage. The unit is returned in poor shape, beyond normal wear and tear.
- A tenant who won’t leave. The tenancy has ended, but the tenant stays on.
- Deposit arguments. You disagree on how much deposit to return.
First, is there a special tenancy law yet?
Not yet. The Residential Tenancy Act is still only a proposal.
As at 10 November 2026, it is not on Parliament’s list of bills for 2026. So it has not been tabled, passed or brought into force. The Housing Ministry’s own strategic plan for 2026 to 2030 aims to gazette it in 2028.
For now, your rights come mainly from your tenancy agreement and the general law. So read your agreement first.
Your options, from gentlest to most formal
1. Talk it through
Start with a calm conversation. Agree on a plan, such as paying arrears in instalments, and confirm it in writing.
Keep records: messages, receipts, photos and the move-in inventory.
2. Send a demand letter
A demand letter is a formal written request to pay, or to put things right, by a set date.
You can write it yourself or ask a lawyer to send it. Keep it factual: the amount owed, the relevant clause, and the deadline.
3. Try mediation
Mediation means a neutral person helps both sides reach their own agreement. Nobody is forced to settle.
4. Small claims for smaller amounts
For a claim of up to RM5,000, an individual landlord can use the small claims procedure in the Magistrates’ Court.
You file a simple form, called Form 198. Lawyers cannot act for either side at the hearing. The tenant has 14 days after being served to file a defence. Legal costs are kept low: the court can award no more than RM100 in costs to any one party.
5. A full court claim
Bigger claims go through the ordinary courts.
The Magistrates’ Court hears civil claims up to RM100,000. The Sessions Court hears claims up to RM1 million. But for disputes between a landlord and a tenant, the Sessions Court has no money limit at all.
In a court claim, you can ask for unpaid rent and for the cost of damage. If a tenant stays on after the tenancy ends, the law lets you claim up to double the rent for that period. The court decides whether, and how much, to award.
6. Distress: recovering rent from the tenant’s goods
“Distress” means a court officer seizes the tenant’s goods to cover unpaid rent.
You apply to the court for a warrant of distress. It can cover rent for up to 12 completed months before your application. A court bailiff, not you, seizes movable items found at the premises. Some items are protected, such as the tenant’s necessary clothing and bedding. The tenant can ask the court to stop or suspend it.
Distress covers rent only. It is not a way to claim double rent or damages.
7. Getting your property back
Once a tenancy has ended, if the occupier stays on, the law says you can recover the property only through court proceedings.
There is a fast-track procedure for people who moved in without permission, such as squatters. But the court rules expressly exclude tenants who stay on after their tenancy ends. So for a former tenant, you usually need a normal court claim for possession.
If you win and the tenant still won’t leave, the court can issue a writ of possession. That is a court order to hand the property back to you, carried out through the court.
What landlords should NOT do
Do not take the law into your own hands. In particular, do not:
- change the locks while the tenant is still in occupation;
- cut off water or electricity to force the tenant out;
- remove or throw away the tenant’s belongings; or
- threaten or use force.
The Specific Relief Act 1950 requires you to go through the courts to recover possession. Landlords who use “self-help” risk court orders against them, and claims for damages, which means money compensation.
A final word
Good records make every option easier. Start gently, and always act through the proper process.
If you need help with a tenancy dispute, you can contact our Kuala Lumpur office at +603 2201 6336 or [email protected].
This article gives general information only and is not legal advice. Please get advice on your own situation.