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Standard Tenancy Agreement for Malaysia

Standard Tenancy Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes the terms and conditions for the rental of property between a landlord and tenant. This agreement complies with Malaysian property legislation, including the National Land Code 1965 and Contracts Act 1950, and covers essential elements such as rental terms, payment obligations, maintenance responsibilities, and termination conditions. The document includes provisions for both residential and commercial properties, incorporating necessary clauses for security deposits, utilities, property maintenance, and dispute resolution mechanisms in accordance with Malaysian legal requirements.

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What is a Standard Tenancy Agreement?

The Standard Tenancy Agreement serves as a fundamental legal instrument in Malaysian property transactions, designed to protect the interests of both landlords and tenants while ensuring compliance with local property laws and regulations. This document is essential for any property rental arrangement in Malaysia, whether for residential or commercial purposes. It incorporates key provisions required by Malaysian law, including those governed by the National Land Code 1965 and the Contracts Act 1950. The agreement typically covers crucial aspects such as rental terms, security deposits, maintenance obligations, and termination procedures, while also allowing for customization based on specific property types and rental arrangements. The Standard Tenancy Agreement is structured to provide clear guidelines for the landlord-tenant relationship while remaining adaptable to various property rental scenarios within the Malaysian legal framework.

What sections should be included in a Standard Tenancy Agreement?

1. Parties: Identification and details of the landlord and tenant, including NRIC/passport numbers and contact information

2. Background: Brief context establishing the landlord's ownership and intention to let the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Demised Premises: Detailed description of the property being rented, including address and property type

5. Term of Tenancy: Duration of the tenancy, commencement date, and end date

6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and deposit details

7. Utility Charges: Responsibility for utility payments including electricity, water, gas, and internet

8. Security Deposit: Amount, purpose, and terms for return of the security deposit

9. Tenant's Covenants: Obligations and responsibilities of the tenant during the tenancy

10. Landlord's Covenants: Obligations and responsibilities of the landlord during the tenancy

11. Prohibited Uses: Activities not permitted on the premises

12. Maintenance and Repairs: Responsibilities for maintaining and repairing the property

13. Insurance: Requirements for insurance coverage

14. Termination: Conditions and procedures for early termination

15. Notices: Method and addresses for serving formal notices

16. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Standard Tenancy Agreement?

1. Furniture and Fittings: Detailed terms regarding furnished properties, to be included when the property is let furnished

2. Special Conditions for Commercial Use: Additional terms for properties permitted for home office or small business use

3. Option to Renew: Terms for renewal of the tenancy, included when parties agree to potential extension

4. Pet Clause: Terms regarding keeping pets, included when pets are permitted

5. Air-Conditioning Maintenance: Specific terms for AC maintenance, included for properties with air conditioning units

6. Sharing and Subletting: Terms regarding subletting or sharing, included when these are permitted

7. Pool/Gym Facilities: Terms for use of common facilities, included for properties in complexes with such amenities

8. Car Parking: Specific terms for car parking rights and restrictions, included when parking is provided

What schedules should be included in a Standard Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furniture, appliances, and fittings provided with the property

2. Schedule 2 - Property Condition Report: Detailed description of the property condition at the start of tenancy

3. Schedule 3 - House Rules: Rules and regulations of the building or complex, if applicable

4. Schedule 4 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

5. Schedule 5 - Special Conditions: Any additional terms or conditions agreed between the parties

6. Appendix A - Photos: Photographic evidence of property condition at commencement

7. Appendix B - Floor Plan: Floor plan of the property showing layout and boundaries

8. Appendix C - Utilities Reading: Initial meter readings for utilities at the start of tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Document Type

Lease Agreement

Cost

Free to use

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