Tenant doesn't want to move out!!

First of all, there is no Tenancy Agreement between us. The tenant rented my hse for almost a year now and he had only paid the rent for 8 mths after we chased him for the payment.I've verbally asked him to move out by end of 2003 in November and yet, it seems that he doesn't want to move out. Now, I've just found out that he also has not paid the utility bills which amounted RM700.00. Managed to confront him about this and he promise me that he will settle everything before he move out, which is by end of this month. Question is,
1.What can I do in order to make sure that he pay the utility bills??
2.How to get him to pay the outstanding amount of rental??
3.What can I do if he keep on delaying to move out??

1.Don't delay. Call over at the Utilities office in person and have the supplies diconnected. If they refuse tell them you will not be responsible for any arrears.

2. Send him an official letter of demand for the arrears of rental to be paid within a week. if he fails get a lawyer to send anotice of demand.It is not expensive to send this letter.If he fails you/counsel can file a Judgement Debtor Summons followed by a judgement notice if he fails to pay.A judgement notice will see him in a civil prison for which you need to pay the expenses for keeping him in.Again it is worth taking this route.
3. File for an eviction order.Again yr lawyer can assist you.
julius

Errr.....julius, how can you file a JDS without a judgment being recorded against the tenant? Go for Distress lah....

Oh yes, I left out one step.File a claim in court, obtain judgement and then JDS.Thanks for pointing it out.Distress is a bit more complicating though it is an option.
julius

Dear julius,

Either you haven't done a distress application before or your application was seriously flawed. It takes just 1 ex-parte application and you get to distress the rented premises already. With a certificate of urgency, 1 week to 10 days at most and you get to do the distress lah. Good luck filing a civil suit in Court - it'll take months for it to be heard and your tenant may have cabut by then....

If we managed to get him to court, if he really can't pay, even by the order of the court, I still won't get paid rite. So, someone suggest to have a simple agreement with him, that he will 'cagarkan' something i.e TV or VCD player or anything that is worth slightly more than the total amount owed to me, the landlord. And if he managed to settle the amount in full, I will return back his things. Is it permissable?? I mean legally?

Why don't you try distress proceedings? What it basically means is that you get an order from the Court allowing you to seize his things and sell them off to recover the rent that is owed to you. Of course, you will need legal representation for this distress proceedings. Can't be done or obtained by a lay person.

Next time, do a written tenancy agreement. While you may have to pay some legal fees, it'll save you any future problems and headaches!

u're rite. I wish that we had that agreement in the first place. btw, how do I go about applying for distress proceedings and how long will it take.. how much will it cost??