Eviction Notice (Malaysia)

An Eviction Notice in Malaysia communicates a required notification and the action or deadline that follows from it.

Malaysian tenancy eviction law is governed by a combination of statutes and common law: the Contracts Act 1950 (Act 136) governs the contractual basis for the tenancy and its termination; the Distress Act 1951 (Act 255) allows a landlord to apply to court for a warrant of distress to seize and sell the tenant's goods in satisfaction of unpaid rent (up to 12 months' arrears); the Specific Relief Act 1950 (Act 137) governs court orders for vacant possession; and the National Land Code 1965 (Act 56) applies to the underlying property title and rights of re-entry for registered leases exceeding three years. Section 235 of the National Land Code 1965 sets out the forfeiture mechanism for registered leases.

Eviction proceedings in Malaysia are commenced in the Sessions Court (for properties of any value) or the Magistrate's Court (for properties with annual rental value not exceeding RM 36,000) under Order 89 of the Rules of Court 2012. The Rules of Court 2012 were promulgated under the Courts of Judicature Act 1964 and govern procedure in the High Court, Sessions Court, and Magistrate's Court. The Sessions Court has jurisdiction over all claims for vacant possession regardless of the annual rental value of the property.

Common grounds for eviction in Malaysia include: non-payment of rent (the most common basis, typically after 2–3 months' arrears); material breach of the tenancy agreement (illegal subletting, prohibited use, structural alterations); expiry of the tenancy term and refusal to vacate; or a tenant holding over after a valid termination notice. Section 28 of the Specific Relief Act 1950 gives the court a discretionary power to grant relief against forfeiture — a tenant who pays all arrears and costs before the hearing may avoid eviction, but a tenant who has persistently breached covenants is less likely to obtain such relief.

The Inland Revenue Board of Malaysia (LHDN) does not directly regulate eviction notices, but tenancy agreements underlying the eviction must be stamped under the Stamp Act 1949 (Act 378) to be admissible in court. An unstamped tenancy agreement significantly weakens the landlord's evidentiary position in Sessions Court proceedings. Property owners dealing with evictions in Kuala Lumpur, Selangor, Penang, Johor, Sabah, and Sarawak each deal with local courts — the Kuala Lumpur Sessions Court, Shah Alam Sessions Court, and Georgetown Sessions Court handle the bulk of eviction applications in Peninsular Malaysia.

The Eviction Notice (Malaysia) serves two distinct purposes: it formally notifies the tenant of the landlord's intention to recover possession, and it satisfies the court's requirement that the landlord has given the tenant a reasonable opportunity to vacate before commencing legal proceedings under the Specific Relief Act 1950.

An Eviction Notice (Malaysia) is needed whenever a landlord requires a tenant to vacate the premises and the tenant has not done so voluntarily. The most common scenarios requiring a formal eviction notice are described below.

Non-payment of rent — a tenant who has fallen two or more months behind on rental payments. In Malaysia, landlords typically issue a demand letter for arrears first, followed by an eviction notice if the arrears are not settled. The Distress Act 1951 (Act 255) provides a parallel remedy: the landlord can apply to the Magistrate's Court for a distress warrant under Section 5 of the Distress Act 1951 to seize the tenant's goods, but the eviction notice and court proceedings for vacant possession are separate processes. The distress warrant recovers money (unpaid rent up to 12 months); the eviction notice recovers the property itself.

Breach of tenancy agreement — where the tenant has sublet without consent, used the premises for illegal activities, made unauthorised structural alterations, or caused nuisance to neighbours in violation of the tenancy covenants. Under Section 74 of the Contracts Act 1950 (Act 136), the landlord may claim damages for losses caused by the tenant's breach. In breach cases, the proper sequence is first a Notice to Remedy Breach under the forfeiture clause, giving the tenant an opportunity to cure the breach within 14 days, followed by an eviction notice if the breach is not remedied within the stated period.

Expiry of tenancy — where the tenancy has expired and the tenant refuses to vacate. If the landlord has served a formal tenancy termination notice and the tenant holds over, the landlord issues the eviction notice before commencing Sessions Court proceedings. Under the Civil Law Act 1956 (Act 67), a tenant who holds over after notice becomes a trespasser after the notice period expires.

Sale of property — where the landlord has sold the property and requires vacant possession for completion of the sale and purchase agreement under the National Land Code 1965 (Act 56). The landlord must comply with the notice period in the tenancy agreement; failure to deliver vacant possession on the completion date may expose the seller to a breach of contract claim by the purchaser.

Redevelopment or renovation — where the landlord requires vacant possession to carry out major structural works or redevelop the property. In this case, the landlord must also comply with any local authority requirements under the Street, Drainage and Building Act 1974 (Act 133) and obtain the relevant building plan approvals from DBKL, MBPJ, or other local councils before work commences.

The Eviction Notice (Malaysia) is needed across all Malaysian states — from properties in Kuala Lumpur managed through DBKL assessment areas, to properties in Selangor under MBPJ, MBSA, or MPAJ jurisdiction, Penang under MBPP, Johor under MBJB, Sabah, and Sarawak under its own land law framework. In practice, most eviction disputes in Malaysia are resolved after the formal notice is served, without the need for court proceedings, particularly where the tenant has no valid defence.

A legally effective Malaysian Eviction Notice must include the following key elements to support subsequent court proceedings if the tenant fails to comply. Forms-legal.com provides this template as a starting point for Malaysia-compliant eviction documentation.

**Parties and Property.** The landlord's full legal name, NRIC or SSM company registration number (for corporate landlords), and address. The tenant's full legal name, NRIC, and the full address of the tenancy property. Reference to the original tenancy agreement (date, parties, and property address) and the stamp certificate number issued by LHDN under the Stamp Act 1949 (Act 378).

**Ground for Eviction.** The specific reason for eviction must be clearly stated: (a) non-payment of rent — state the months and amounts outstanding, referencing the relevant clause of the tenancy agreement and the Distress Act 1951 (Act 255); (b) breach of tenancy — identify the specific clause breached and the factual particulars of the breach, referencing Section 74 of the Contracts Act 1950 (Act 136) for the landlord's right to damages; (c) expiry of tenancy — state the expiry date and the date vacant possession was required under the termination notice served under the Civil Law Act 1956 (Act 67); (d) other grounds as specified in the tenancy agreement's forfeiture clause.

**Demand for Vacant Possession.** A clear demand that the tenant vacate the premises and deliver vacant possession by a specified date. For non-payment cases, the notice period is typically 14–30 days. For tenancy expiry cases, it is typically 14 days from the eviction notice date. The date stated must be a specific calendar date, not a relative period, to avoid ambiguity in court proceedings.

**Outstanding Rent and Utility Arrears.** A statement of all amounts outstanding — rent arrears by month, Tenaga Nasional Berhad (TNB) electricity bills, water bills (Air Selangor, Penang Water Supply Corporation, SESCO in Sarawak, or Sabah Water Department as applicable), and IWK sewerage charges — and a demand for payment in full simultaneously with vacant possession.

**Security Deposit Application.** A statement that the security deposit held will be applied against the outstanding amounts and that any balance will be refunded within 14–30 days (or any deficiency will be pursued as a civil debt in the Magistrate's Court or Sessions Court).

**Warning of Legal Action.** A clear statement that if the tenant fails to comply by the stated date, the landlord will: (a) commence proceedings under Order 89 of the Rules of Court 2012 in the Sessions Court for an order for vacant possession under Section 52 of the Specific Relief Act 1950 (Act 137); (b) apply for a distress warrant under Section 5 of the Distress Act 1951 (Act 255) for unpaid rent; and (c) claim mesne profits for wrongful occupation at the daily equivalent of the contractual rent.

**Service.** The notice must be served by registered post (Pos Malaysia Bhd) to the tenant at the property address or the address specified in the tenancy agreement. The AR card (acknowledgment of receipt) and online tracking confirmation must be retained as proof of service for the court affidavit. Personal service with a signed acknowledgment is equally effective and preferred where litigation is anticipated.

**Signature.** Signed by the landlord or their authorised representative — a solicitor admitted to the Malaysian Bar under the Legal Profession Act 1976 (Act 166), or a licensed property manager registered with BOVAEA (Board of Valuers, Appraisers, Estate Agents and Property Managers) under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981.