The Settlement Agreement Between Landlord And Tenant is a crucial legal document used in Malaysia when parties need to formally resolve disputes arising from a tenancy relationship. It becomes necessary when issues such as rent arrears, property damage, lease violations, or other contractual disagreements require formal resolution without court intervention. The document incorporates elements from Malaysian property law, including provisions from the National Land Code 1965, Contracts Act 1950, and Distress Act 1951. It typically includes detailed terms about the settlement amount, payment schedule, property condition, release of claims, and future obligations. This agreement is particularly valuable for avoiding costly litigation while providing a clear, legally binding resolution to landlord-tenant disputes under Malaysian jurisdiction.
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1. Parties: Identifies and defines the Landlord and Tenant, including their full legal names and addresses
2. Background: Outlines the existing tenancy agreement, nature of the dispute, and context for the settlement
3. Definitions: Defines key terms used throughout the agreement
4. Settlement Terms: Details the core terms of settlement including any payments, releases, or actions required by either party
5. Mutual Release: Contains mutual releases and waivers of claims related to the dispute
6. Confidentiality: Sets out confidentiality obligations regarding the settlement terms
7. Property Handover: Specifies the conditions and timeline for vacating the property, if applicable
8. Governing Law: Specifies that Malaysian law governs the agreement
9. Entire Agreement: Confirms this agreement supersedes all prior agreements regarding the dispute
10. Execution: Signature blocks and execution requirements
1. Payment Plan: Include when the settlement involves installment payments or specific payment arrangements
2. Property Repairs: Include when the settlement requires specific repairs or renovations to be completed
3. Third Party Rights: Include when other parties have rights or obligations affected by the settlement
4. Non-Disparagement: Include when parties agree not to make negative statements about each other
5. Future Tenancy Terms: Include when the settlement includes terms for continuing tenancy
6. Insurance Claims: Include when insurance claims are part of the settlement
7. Costs: Include when there are specific arrangements regarding legal or other costs
1. Schedule 1 - Property Details: Detailed description of the property including address and relevant features
2. Schedule 2 - Payment Schedule: Detailed breakdown of any settlement payments, including amounts and due dates
3. Schedule 3 - Property Condition Report: Current condition of the property, including any damage or wear and tear
4. Schedule 4 - Inventory List: List of any furniture, fixtures, or other items included in the settlement
5. Schedule 5 - Outstanding Obligations: List of any outstanding rent, utilities, or other charges being settled
6. Appendix A - Original Tenancy Agreement: Copy of the original tenancy agreement being settled
7. Appendix B - Correspondence Records: Relevant correspondence between parties regarding the dispute
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Commercial Property
Retail
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Industrial Property
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Relevant Teams
Legal
Property Management
Real Estate Operations
Asset Management
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Risk and Compliance
Operations
Contract Administration
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Relevant Roles
Property Manager
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Property Administrator
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Facilities Manager
Real Estate Attorney
Property Operations Manager
Tenant Relations Manager
Contract Administrator
Risk Manager
Compliance Officer
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