Eviction Notice Template Malaysia

EVICTION NOTICE AND DEMAND FOR VACANT POSSESSION

1. DOCUMENT PREAMBLE & RECITALS

THIS EVICTION NOTICE AND DEMAND FOR VACANT POSSESSION (hereinafter referred to as the "Notice") is issued and made effective as of this [Day] day of [Month], [Year] (the "Effective Date"), by and between the party identified as the Landlord below, and the party identified as the Tenant below.

WHEREAS: A. The Landlord is the registered proprietor or lawful lessor of the real property more particularly described as [Full Property Address including Unit Number, Building, Postcode, and State] (the "Premises"); B. Pursuant to a tenancy agreement dated [Date of Tenancy Agreement] (the "Tenancy Agreement"), the Landlord let the Premises to the Tenant for a fixed term commencing on [Start Date] and expiring on [End Date] (the "Tenancy Term"); C. The Tenant has committed fundamental breaches of the Tenancy Agreement, specifically including but not limited to the non-payment of rent and/or other actionable breaches of covenants as detailed herein; and D. The Landlord issues this formal legal demand pursuant to the laws of Malaysia, requiring the Tenant to remedy said breaches or yield up vacant possession of the Premises within the strict timelines prescribed hereunder.

NOW, THEREFORE, the Landlord hereby demands strict compliance with the operative terms and conditions set forth below.

2. OPERATIONAL DEFINITIONS

For the purposes of this Notice, the following terms shall have the meanings ascribed to them below, unless the context otherwise requires:

1. "Business Day" means a day (other than a Saturday, Sunday, or public holiday) on which commercial banks are open for business in Kuala Lumpur, Malaysia.
2. "Default" means any breach, violation, or non-fulfillment by the Tenant of any covenant, obligation, term, or condition contained within the Tenancy Agreement or this Notice.
3. "Jurisdiction" means the Federal Territory of Kuala Lumpur / State of [Insert State, e.g., Selangor], Malaysia, under whose laws this Notice is issued and enforced.
4. "Landlord" means [Landlord's Full Legal Name / Company Registration Number], having its registered address or principal place of business at [Landlord's Address], including its legal successors, assigns, and authorized agents.
5. "Outstanding Arrears" means the aggregate sum of [Currency and Numerical Amount, e.g., MYR 15,000.00] comprising unpaid monthly rental, utility charges, and late payment interest accrued as of the Effective Date.
6. "Premises" means the property located at [Full Property Address], inclusive of all fixtures, fittings, and chattels belonging to the Landlord as itemized in the Tenancy Agreement.
7. "Tenant" means [Tenant's Full Legal Name / Passport Number / Company Registration Number], currently in occupation of the Premises pursuant to the Tenancy Agreement, including its permitted successors and legal representatives.
8. "Vacant Possession" means the complete, unencumbered physical evacuation of the Premises by the Tenant, its agents, subtenants, and occupants, alongside the removal of all personal property and the return of all keys, access cards, and security tokens to the Landlord in the exact condition required under the Tenancy Agreement, fair wear and tear excepted.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Fundamental Breach: The Tenant is hereby formally notified that they are in material default of the Tenancy Agreement due to:
   • (a) Failure to pay the Outstanding Arrears amounting to [Outstanding Amount] due for the rental months of [Specify Months].
   • (b) [Insert any other breaches, e.g., Unauthorized subletting, nuisance, or breach of house rules].
2. Demand for Cure or Vacate: The Landlord hereby demands that the Tenant shall, within thirty (30) Business Days from the date of receipt of this Notice (the "Cure Period"):
   • (a) Pay in full the entirety of the Outstanding Arrears to the Landlord’s designated bank account; and/or
   • (b) Completely remedy all other specified breaches of the Tenancy Agreement.
3. Alternative Election of Vacant Possession: In the event the Tenant fails, refuses, or neglects to remedy the Default and settle the Outstanding Arrears within the Cure Period, the Tenancy Agreement shall be deemed terminated by operation of this Notice, and the Tenant is strictly obligated to yield up Vacant Possession of the Premises to the Landlord no later than 11:59 PM on [Final Vacate Date].
4. Representations and Warranties: The Tenant represents and warrants that it is in possession of the Premises solely under the authority of the Tenancy Agreement and acknowledges that its continued occupation post-expiration of the Cure Period shall constitute unlawful trespass under Malaysian law.
5. Post-Termination Financial Obligations: The expiration or termination of the Tenancy Agreement pursuant to this Notice shall not prejudice or affect the Landlord’s right to recover any Outstanding Arrears, double rent for holdover occupation pursuant to Section 28(4) of the Civil Law Act 1956, legal fees, and costs for damages or restoration of the Premises.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Classification of Breach: The failure of the Tenant to satisfy the monetary demands or cure the operational defaults within the designated Cure Period constitutes an irremediable fundamental breach of contract.
2. Strict Compliance Period: Time is of the essence with respect to every provision of this Notice. The Cure Period of thirty (30) Business Days is final, non-negotiable, and calculated to run from the date of confirmed delivery or service of this Notice.
3. Legal Recourse and Enforcement: Upon the expiration of the Cure Period without full satisfaction of the demands herein, the Landlord reserves the absolute and unhindered right to immediately initiate legal proceedings in a court of competent jurisdiction in Malaysia to:
   • (a) Obtain an order for possession of the Premises and distress for rent.
   • (b) Recover all Outstanding Arrears, mesne profits, legal costs on a solicitor-client basis, and administrative expenses.
4. Self-Help Restrictions: Nothing in this Notice shall be construed as authorizing the Landlord to resort to unlawful self-help measures, such as forcible entry, changing locks without a court order, or seizure of tenant property in violation of the Specific Relief Act 1950. All remedies pursued shall be strictly in accordance with Malaysian judicial processes.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision, clause, or section of this Notice is held to be invalid, illegal, or unenforceable by any court or tribunal of competent jurisdiction, such provision shall be severed to the extent of its invalidity, and the remaining provisions of this Notice shall remain in full force and effect.
2. Entire Agreement: This Notice, read alongside the underlying Tenancy Agreement, constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or correspondence, whether written or oral.
3. Force Majeure: Neither party shall be held liable for any failure or delay in fulfilling the terms of this Notice if such failure arises from acts of God, war, civil unrest, statutory embargoes, or government-mandated lockdowns beyond the reasonable control of the affected party, excluding however any financial inability to pay rent or obligations.
4. Governing Law: This Notice shall be governed by, construed, and enforced in accordance with the substantive laws of Malaysia, without regard to its conflict of laws principles.
5. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Notice, including its breach, termination, or invalidity, shall be submitted to the exclusive jurisdiction of the courts of Malaysia.

6. FORMAL EXECUTION BLOCK

IN WITNESS WHEREOF, the Landlord has caused this Eviction Notice and Demand for Vacant Possession to be duly executed by its authorized representative as of the Effective Date written below.

LANDLORD:

[Landlord / Entity Name]
(Company Registration No. / NRIC: [Registration Number])

By: ___________________________________
Name: [Authorized Signatory Name]
Title: [Signatory Title, e.g., Director / Managing Agent]
Date: [Date]

TENANT:

(Acknowledged and Received)

[Tenant / Entity Name]
(Company Registration No. / NRIC: [Registration Number])

By: ___________________________________
Name: [Tenant Signatory Name]
Title: [Signatory Title]
Date: [Date of Receipt]