--- title: "Landlord Tenant Dispute Small Claims Court Malaysia 2026" description: "Claim an unreturned deposit or unpaid rent up to RM5,000 yourself in the Magistrates Court: Form 198, fees, no lawyers, steps, evidence and enforcement." datePublished: "2026-07-29" dateModified: "2026-07-29" canonical: "https://www.superhomes.my/resources/landlord-tenant-dispute-small-claims-court-malaysia" --- # Landlord Tenant Dispute Small Claims Court Malaysia 2026 If your rental dispute is about money and the amount is RM5,000 or less, you can sue in the small claims procedure of the Magistrates' Court yourself, without a lawyer. You file Form 198 at the court registry, serve it on the other side, and a magistrate hears both of you in person. It works for a withheld deposit, unpaid rent, unpaid utility bills or repair costs. It does not evict anyone, and only individuals can bring a claim. Disputes between landlords and tenants in Malaysia are common and usually small: a landlord keeps a RM3,600 two-month deposit and blames "damage" that is really wear and tear, or a tenant leaves owing RM2,500 in rent and RM400 in electricity. Hiring a lawyer for a claim that size rarely makes sense, which is exactly what the small claims procedure is for. This guide covers who can use it, the claim limit, the forms, what to bring on hearing day, how to enforce a judgment, and the other routes (Distress Act, ordinary civil claim) when small claims is not the right fit. ## Is There a Tenancy Tribunal or Residential Tenancy Act in Malaysia? Not yet. The proposed Residential Tenancy Act, which is expected to bring a deposit cap, a tenancy registry and possibly a dedicated tenancy tribunal, had not been passed or brought into force when we checked. Until it is, tenancy disputes go to the ordinary civil courts, and the agreement between you and the other party, read with the Contracts Act 1950, is what decides who owes what. (Source: Ministry of Local Government Development (KPKT) statements on the Residential Tenancy Act, which describe the Bill as still being drafted; checked 5 Oct 2026.) That is why the stamped tenancy agreement matters so much. See our [tenancy agreement guide](/resources/tenancy-agreement-malaysia) for the clauses that decide most disputes. ## Small Claims at a Glance | Point | Small claims procedure | Ordinary civil claim | | --- | --- | --- | | Rule | Order 93, Rules of Court 2012 | Rest of the Rules of Court 2012 | | Court | Magistrates' Court | Magistrates' or Sessions Court, by amount | | Claim limit | RM5,000, including any amount you give up to fit | Above RM5,000 | | Who can sue | Individuals only, not companies | Anyone | | Lawyers | Not allowed to act for either side (with narrow exceptions) | Usually needed | | Start document | Form 198 (claim), Form 199 (defence/counterclaim) | Writ and statement of claim | | Filing fee | Low, set by the court fees schedule; the registry quotes it on filing | Higher, plus lawyer's fees | | Typical timeline | A few months from filing to hearing | Often a year or more | (Source: Rules of Court 2012, Order 93, as summarised by the Malaysian Judiciary's small claims guide and practitioner guides; RM5,000 limit, individual plaintiffs only, no legal representation under rule 7; checked 5 Oct 2026.) A note on fees: older guides quote RM10, newer ones RM20. We could not confirm the current fee from the official schedule for this update, so treat it as a small fixed amount and confirm at the registry counter or on the e-Filing portal. ## Who Can Use the Small Claims Procedure? **Individuals only.** The plaintiff must be a natural person. A tenant suing an individual landlord qualifies, and so does an individual landlord suing a tenant. A landlord that is a company (an Sdn Bhd that owns the unit) cannot file as plaintiff, though an individual can still sue a company defendant. **Money claims only.** The court can order payment of a sum. It cannot order a tenant out of the unit; recovering possession needs a court order through the ordinary process. See [how to evict a tenant in Malaysia](/resources/how-to-evict-tenant-malaysia). **RM5,000 or less.** If your loss is RM6,500, you can abandon the RM1,500 excess to bring the claim within the limit, but you cannot later sue separately for the part you gave up. Do not split one claim into two smaller ones to get under the cap. ### Typical claims that fit - **Tenant:** two-month deposit of RM3,600 not returned after handover, with no itemised deductions. - **Tenant:** utility deposit of RM500 kept after the tenant settled the final bills. - **Landlord:** RM2,500 unpaid rent plus RM1,800 for a broken sofa and cracked tiles, after the deposit has been applied. - **Landlord:** unpaid sub-metered electricity billed under a written clause (see our [room sub-meter guide](/resources/landlord-submeter-installation-billing-malaysia)). ## Worked Example: Does the Claim Fit Under RM5,000? A landlord in [Cheras](/area/kuala-lumpur/cheras) rents a unit at RM1,600 a month, with a RM3,200 security deposit and RM800 utility deposit (RM4,000 held). The tenant leaves two months early without notice. | Item | Amount | | --- | --- | | Rent owed for the two months the tenant stayed but did not pay | RM3,200 | | Unpaid electricity and water, per bills | RM620 | | Repair: replace broken door and repaint drilled wall (two quotes, lower one used) | RM1,450 | | **Total loss** | **RM5,270** | | Less deposits held | (RM4,000) | | **Balance to claim** | **RM1,270** | The landlord applies the deposits first, then claims the RM1,270 balance, well inside the limit. If the agreement also allows a claim for rent for the unexpired term, that is a separate question: the Contracts Act 1950 only lets an innocent party recover a reasonable loss that flows from the breach (section 74), and a landlord is expected to try to re-let rather than leave the unit empty and bill the tenant for it. (Source: Contracts Act 1950 [Act 136], sections 74 and 75; checked 5 Oct 2026.) ## Step-by-Step: From Letter of Demand to Judgment ### 1. Send a letter of demand Before filing, send a dated letter (registered post or email plus WhatsApp) stating what is owed, why, and a deadline, typically 14 days. It is not a legal requirement for small claims, but it shows the magistrate you tried to settle and often gets you paid without going to court. ### 2. Gather your evidence - The stamped tenancy agreement and any inventory list. - Move-in and move-out photos or videos with dates. - Bank transfer records for rent and deposit. - Utility bills, repair quotes and invoices. - WhatsApp or email messages about the dispute. An unstamped tenancy agreement generally cannot be admitted in evidence until it has been stamped and any late penalty paid under the Stamp Act 1949, so stamp it before you file. Stamping can be done online through LHDN's e-Duti Setem (STAMPS) system; our [tenancy agreement guide](/resources/tenancy-agreement-malaysia) covers the cost. ### 3. File Form 198 Fill in Form 198 with both parties' names, IC numbers and addresses, the amount claimed and a short statement of facts. File it at the Magistrates' Court registry where the defendant lives or where the tenancy was, or through the court's e-Filing system. The registry seals the form and gives a hearing date. ### 4. Serve the claim Serve a sealed copy on the defendant by personal delivery or registered post within the time the court allows, and keep proof of service. If service fails, ask the registry how to apply for an alternative method. ### 5. Defence or counterclaim (Form 199) The defendant may file a defence and counterclaim. A tenant sued for rent often counterclaims the deposit, and a landlord sued for the deposit often counterclaims repair costs, so prepare to answer both. ### 6. Hearing Both parties attend in person. The hearing is informal and in Bahasa Malaysia or English (ask for an interpreter early if needed). Bring originals and three copies of every document. Keep to dates, amounts and documents. If the defendant does not turn up after proper service, the court can enter judgment in your favour. If you, the plaintiff, do not turn up, your claim can be struck out. ## Enforcing a Judgment A judgment is only paper until it is paid. If the other side ignores it, the court's ordinary enforcement tools are available: | Method | What it does | Best when | | --- | --- | --- | | Garnishee proceedings | Orders a bank holding the debtor's money to pay you | You know where they bank | | Writ of seizure and sale | Bailiffs seize and sell movable property | Debtor has valuable goods | | Judgment debtor summons | Debtor is examined on their means and may be ordered to pay by instalments | Debtor has income but no assets you can find | Each step has its own form and fee, so ask the registry before you start. ## Other Routes When Small Claims Does Not Fit **Distress for rent.** A landlord owed rent can apply to the Sessions Court under the Distress Act 1951 for a warrant to seize and sell the tenant's goods in the premises. It needs a lawyer in practice and only covers rent, not damage. (Source: Distress Act 1951 [Act 255]; checked 5 Oct 2026.) **Ordinary civil claim.** Over RM5,000, or where the landlord is a company, or where you also want possession, you need an ordinary claim, usually with a lawyer. **Strata Management Tribunal.** For water leaks or common-property disputes in a strata building, the tribunal may be the better forum. See our [water leak and burst pipe guide](/resources/landlord-tenant-water-leak-pipe-repair-malaysia). **Tribunal for Consumer Claims.** It hears claims by consumers against suppliers of goods and services. A private landlord renting out a home is generally not treated as a supplier, so this is rarely the right route for a deposit dispute. ## Avoid the Dispute in the First Place Most small claims about deposits come down to missing evidence. Before you sign, agree on a written inventory with photos, a refund deadline for the deposit, and which repairs the tenant pays. Our [landlord deposit deduction guide](/resources/landlord-property-damage-deduction-malaysia) has a checklist, and [rental deposit in Malaysia](/resources/rental-deposit-malaysia) explains the usual 2+1 structure. If you are choosing a new place, browsing [rentals in Petaling Jaya](/area/selangor/petaling-jaya) or across our [rental listings](/rent) with a clear checklist in hand makes the move-in record easier. ## FAQs ### Q: What is the maximum claim in the small claims court in Malaysia? RM5,000. Order 93 of the Rules of Court 2012 limits the small claims procedure to claims of RM5,000 or less. If your loss is higher you can give up the excess to fit within the limit, but you cannot then sue for the part you abandoned. ### Q: Can I bring a lawyer to the small claims court? No. Order 93 does not allow lawyers to act for either party, apart from narrow exceptions, such as where the law requires a body to be represented by an authorised person. You can get advice before the hearing, but you present the case yourself. ### Q: Can a landlord company use the small claims procedure? No. Only individuals can file as plaintiff. A company that owns the unit has to use an ordinary civil claim. An individual tenant can, however, sue a company landlord through small claims. ### Q: How much does it cost to file Form 198? A small fixed filing fee, plus your own costs for copies, postage and travel. Published guides quote RM10 or RM20; confirm the current amount at the registry or on the court's e-Filing portal before you file. ### Q: Can a tenant claim back a deposit through small claims? Yes. A tenant can claim a withheld security or utility deposit of up to RM5,000. Bring the stamped agreement, proof the deposit was paid, handover photos and messages showing the landlord refused or ignored the refund request. ### Q: Can the small claims court evict a tenant? No. It can only order payment of money. To recover possession, a landlord needs a court order through the ordinary civil process; changing the locks or cutting utilities without one exposes the landlord to a claim. ### Q: Does my tenancy agreement need to be stamped to use it in court? Yes. An unstamped agreement generally cannot be admitted as evidence until it is stamped and any late penalty is paid under the Stamp Act 1949. Stamp it before filing. ### Q: What happens if the other party does not pay after judgment? You apply to enforce it, for example through garnishee proceedings against their bank account, a writ of seizure and sale of their goods, or a judgment debtor summons that examines their means and can lead to an instalment order. --- This guide is general information, not legal advice. For a claim close to the limit, a company landlord or a dispute that also involves possession, speak to a lawyer or the Legal Aid Department before filing.