Non Lease Eviction Notice Template for Malaysia

When you discover unauthorized occupants on your Malaysian property without any lease agreement, you need a Non Lease Eviction Notice to begin the legal removal process. This formal document is your first step in reclaiming possession of your property under Malaysian law, providing the foundation for potential court action if occupants refuse to vacate voluntarily.

When do you need this document?

You require a Non Lease Eviction Notice when dealing with squatters who have illegally occupied your land, former tenants who remain after their lease has expired without renewal, or individuals who entered your property without permission. This document is also essential when family members or friends have overstayed their welcome and refuse to leave, or when someone is occupying property they claimed to have purchased but cannot provide valid documentation. Property developers often need this notice to remove unauthorized settlers before commencing construction projects.

Key legal considerations

Your notice must clearly establish your legal ownership or right to possession of the property, as Malaysian courts will scrutinize your title documents. The document must specify exact legal grounds for eviction under the Recovery of Possession of Premises Act 1966, whether due to trespassing, expired tenancy, or unauthorized occupation. You must provide reasonable notice period for vacation, typically 14 to 30 days depending on circumstances, and ensure proper service of the notice through registered post or personal delivery with witnesses. The notice should reference potential legal consequences including court proceedings for possession orders and claims for damages or rental arrears.

Legal requirements in Malaysia

Under the Recovery of Possession of Premises Act 1966, your notice must contain specific mandatory information including complete property description as per land title, full names and addresses of all occupants, clear statement of your legal right to possession, and precise vacation deadline. The National Land Code 1965 requires that property descriptions match official land records exactly, while the Specific Relief Act 1950 governs subsequent court proceedings if occupants refuse to comply. You must serve the notice properly according to Malaysian civil procedure rules, maintaining proof of service for potential court evidence. Local authorities may require notification in certain circumstances, particularly for squatter settlements or when public safety concerns arise. The Street, Drainage and Building Act 1974 may also apply if unauthorized structures have been erected on the property.