The tenant left owing rent, damaged the unit or abandoned goods. What can the landlord claim?

The tenant has stopped answering calls. When you visit, the unit is empty or half empty, rent is months behind, the walls are damaged and some furniture has been left behind. You want your property back and your money. Acting carefully protects you from counter-claims.

Getting the premises back: deserted premises

Changing the locks yourself is risky, because the Specific Relief Act 1950 requires a landlord to use court proceedings to recover possession from an occupier after a tenancy ends (s.7(2)). Where the tenant appears to have left, the Distress Act 1951 provides a court route in section 23.

A Judge may, on the landlord's application, authorise the bailiff to enter and take possession where:

• the premises are let at a rack rent or a rent not less than three-fourths of the annual value;
• rent is in arrears for not less than two months; and
• the tenant has abandoned possession and left no sufficient property from which the arrears can be recovered by distress (s.23(1)).

The bailiff enters and posts a notice that possession will be delivered to the landlord unless, within ten days, a Judge orders otherwise on the application of an interested person. If no one applies within ten days, the bailiff puts the landlord in possession and the tenancy is deemed determined (s.23(2)). If someone does apply, the Judge makes a fair order (s.23(3)).

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Claiming arrears and damage

The tenancy agreement is a contract. When it is broken, the innocent party is entitled to compensation for loss that naturally arose in the usual course of things from the breach, or which the parties knew when contracting was likely to result (Contracts Act 1950, s.74(1)). Remote and indirect loss is not recoverable (s.74(2)).

Typical claims:

• unpaid rent up to the end of the tenancy or the date possession was recovered;
• unpaid utility bills if the tenant was responsible;
• cost of repairs for damage beyond fair wear and tear;
• other losses provided for in the agreement.

The deposit

Most agreements allow the landlord to apply the deposit against arrears and damage. Keep a clear account showing how it was applied and the balance claimed.

Proving the loss

• Check-in inventory and photos at the start of the tenancy.
• Photos and video on recovering the unit.
• Quotations and receipts for repairs.
• Rent ledger and bank statements.
• Copies of letters of demand sent to the tenant.

Goods left behind

There is no simple rule allowing a landlord to dispose of a tenant's belongings. If you are using the section 23 procedure, raise the goods with the court. Otherwise, list and photograph the items, write to the tenant giving a reasonable time to collect them, and take advice before disposal.

Which court?

The amount claimed determines whether the claim goes to the Magistrates' Court, the Sessions Court or the High Court. Smaller claims may be suitable for the small claims procedure in the Magistrates' Court.

What should I do first?

1. Do not change the locks or dispose of goods without a court order or advice.
2. Photograph and video the premises in detail.
3. Send a letter of demand to the tenant's last known address and email.
4. Apply under section 23 if the tenant has abandoned the premises.
5. Gather documents: agreement, inventory, rent records, repair quotes.

Example

A tenant stops paying rent and disappears, leaving a broken sofa and damaged doors. The landlord applies under section 23. The bailiff posts notice, no one applies within ten days, and the landlord recovers possession. The landlord then sues for three months' arrears and repair costs, giving credit for the deposit.

Common mistakes

• Breaking in or changing the locks without a court order.
• Throwing away the tenant's goods.
• Not having a check-in inventory to compare against.
• Claiming the full cost of renovating rather than repairing.

When to speak to a lawyer

Speak to a lawyer before entering abandoned premises or disposing of goods, and when the arrears or damage are substantial. See our civil litigation page; you can also contact us.

Frequently asked questions

Can I keep the whole deposit?

Only to the extent the agreement allows and the arrears and damage justify. Keep an account and refund any balance.

What if I cannot find the tenant to serve the claim?

The court can allow substituted service by other means if personal service is not possible. See our article on substituted service.

How long do I have to sue for rent?

Actions to recover arrears of rent are subject to their own limitation provisions in the Limitation Act 1953. Act promptly and take advice.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Distress Act 1951 (Act 255), AGC Laws of Malaysia
2. Contracts Act 1950 (Act 136), AGC Laws of Malaysia
3. Specific Relief Act 1950 (Act 137), AGC Laws of Malaysia
4. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
5. Office of the Chief Registrar, Federal Court: "What Is Small Claim Court?" (Order 93, Rules of Court 2012)

Fact-checked on 18 Oct 2026