Sample Malaysian Tenancy Agreement

Sample Malaysian Tenancy Agreement | Bestar

Sample Tenancy Agreement

Let's create a sample Tenancy Agreement, incorporating the typical clauses and providing specific wording. Keep in mind, this is an example for illustrative purposes.

TENANCY AGREEMENT

THIS TENANCY AGREEMENT is made the Twenty-First (21st) day of April, Two Thousand and Twenty-Five (2025)

BETWEEN:

[LANDLORD'S FULL NAME] (NRIC/Passport No: [LANDLORD'S IDENTIFICATION NUMBER]), residing at [LANDLORD'S FULL ADDRESS] (hereinafter called "the Landlord") of the one part;

AND:

[TENANT'S FULL NAME] (NRIC/Passport No: [TENANT'S IDENTIFICATION NUMBER]), residing at [TENANT'S FULL ADDRESS] (hereinafter called "the Tenant") of the other part.

WHEREAS:

The Landlord is the legal owner of the property known as [FULL ADDRESS OF PROPERTY, INCLUDING UNIT NUMBER IF APPLICABLE] (hereinafter called "the Property"), as more particularly described in the Inventory attached as Appendix A.

The Landlord agrees to let and the Tenant agrees to take the Property for the Term and at the Rent hereinafter mentioned and subject to the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:

1. DEFINITIONS:

• "Commencement Date": The First (1st) day of May, Two Thousand and Twenty-Five (2025).

• "Tenancy Period": A term of One (1) year commencing from the Commencement Date and expiring on the Thirtieth (30th) day of April, Two Thousand and Twenty-Six (2026).

• "Rent": Ringgit Malaysia Two Thousand and Five Hundred (RM2,500.00) only per month.

• "Security Deposit": Ringgit Malaysia Five Thousand (RM5,000.00) only, being equivalent to two (2) months' Rent.

• "Utility Deposit": Ringgit Malaysia One Thousand Two Hundred and Fifty (RM1,250.00) only, being equivalent to one-half (0.5) month's Rent.

• "Inventory": The list of furniture, fixtures, and fittings attached hereto as Appendix A, detailing their condition at the Commencement Date.

• "Fair Wear and Tear": Reasonable deterioration resulting from the ordinary use of the Property during the Tenancy Period, excluding any damage caused by negligence, misuse, or accident by the Tenant or their invitees.

2. PROPERTY:

The Landlord hereby lets and the Tenant hereby takes the Property known as [FULL ADDRESS OF PROPERTY, INCLUDING UNIT NUMBER IF APPLICABLE], as more particularly described in the Inventory attached as Appendix A.

3. TENANCY PERIOD:

This Tenancy shall commence on the Commencement Date and shall continue for the Tenancy Period, unless sooner terminated in accordance with the terms herein.

4. RENTAL:

4.1 The Tenant shall pay the Landlord the Rent of RM2,500.00 per month, payable in advance without demand on or before the Seventh (7th) day of each calendar month, commencing from the Commencement Date.

4.2 The Rent shall be paid by way of online bank transfer to the Landlord's account:

Bank Name: **[LANDLORD'S BANK NAME]**
Account Name: **[LANDLORD'S FULL NAME]**
Account Number: **[LANDLORD'S BANK ACCOUNT NUMBER]**

4.3 Any late payment of Rent shall be subject to a late payment charge of Ringgit Malaysia Fifty (RM50.00) per day for each day the Rent remains unpaid after the due date, provided that the total late payment charges shall not exceed one (1) month's Rent.

5. DEPOSITS:

5.1 Upon the signing of this Agreement, the Tenant shall pay to the Landlord the Security Deposit of RM5,000.00. The Security Deposit shall be held by the Landlord as security for the due performance of the Tenant's obligations under this Agreement, including but not limited to any unpaid Rent, outstanding utility charges, and the cost of repairing any damages to the Property beyond Fair Wear and Tear. The Security Deposit shall be refunded to the Tenant without interest within Thirty (30) days after the expiry of the Tenancy Period and the Tenant having delivered vacant possession of the Property to the Landlord, subject to any deductions as permitted herein.

5.2 Upon the signing of this Agreement, the Tenant shall also pay to the Landlord the Utility Deposit of RM1,250.00. The Utility Deposit shall be held by the Landlord as security for any unpaid utility bills (including but not limited to electricity, water, and sewerage charges) incurred during the Tenancy Period. The Utility Deposit shall be refunded to the Tenant without interest after all outstanding utility bills have been fully settled and upon the Tenant providing proof of final bill payments. The Landlord shall be entitled to deduct any outstanding utility charges from the Utility Deposit.

5.3 The Deposits shall not be treated as payment of Rent.

6. LANDLORD'S COVENANTS:

6.1 To pay all quit rent and assessment levied on the Property in a timely manner.

6.2 To ensure that the Tenant shall have quiet enjoyment of the Property during the Tenancy Period without any interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord, provided that the Tenant pays the Rent and performs the covenants contained herein.

6.3 To maintain the structural integrity of the Property, including the roof, main walls, and foundations, and to carry out any necessary repairs to these structural parts that are not caused by the Tenant's negligence or misuse, within a reasonable time upon receiving written notice from the Tenant.

7. TENANT'S COVENANTS:

7.1 To pay the Rent punctually in the manner hereinbefore mentioned.

7.2 To pay all charges for electricity, water, sewerage, gas (if applicable), and other utilities consumed at the Property during the Tenancy Period promptly as and when they become due. The Tenant shall be responsible for the application and payment of all connection and disconnection fees for these utilities.

7.3 To keep the interior of the Property in good and tenantable repair and condition, Fair Wear and Tear excepted. The Tenant shall be responsible for minor repairs such as replacing light bulbs, fuses, and maintaining cleanliness.

7.4 To inform the Landlord in writing as soon as reasonably practicable of any major repairs needed to the Property.

7.5 To use the Property for residential purposes only and not to carry out any business or illegal activities on the Property.

7.6 Not to make any structural alterations or additions to the Property without the prior written consent of the Landlord. Any alterations or additions made with the Landlord's consent shall become the property of the Landlord at the expiry or earlier termination of this Agreement without any compensation to the Tenant.

7.7 Not to sublet the Property or any part thereof or assign this Agreement to any third party without the prior written consent of the Landlord.

7.8 To comply with all rules and regulations imposed by the relevant authorities and the management corporation (if applicable) relating to the Property and the building in which it is situated.

7.9 To allow the Landlord or the Landlord's authorized agents to enter the Property at reasonable times with prior written notice (except in cases of emergency) for the purpose of inspection or carrying out necessary repairs.

7.10 To yield up the Property in good and tenantable repair and condition, Fair Wear and Tear excepted, at the expiry or earlier termination of this Agreement, together with all fixtures and fittings belonging to the Landlord as listed in the Inventory.

8. OPTION FOR RENEWAL:

8.1 If the Tenant wishes to renew the tenancy for a further term upon the expiry of the Tenancy Period, the Tenant shall give written notice to the Landlord of such intention not less than Two (2) months prior to the expiry date.

8.2 Any renewal of the tenancy shall be subject to the mutual agreement of the Landlord and the Tenant regarding the new rental rate and other terms and conditions, which shall be documented in a new tenancy agreement. The Landlord shall be under no obligation to renew the tenancy.

9. BREACH OF AGREEMENT:

9.1 If the Rent or any part thereof shall remain unpaid for Fourteen (14) days after the due date, or if the Tenant shall fail to perform or observe any of the covenants or conditions on the Tenant's part herein contained, or if the Tenant shall become bankrupt or enter into any arrangement or composition with their creditors, the Landlord shall be entitled to re-enter the Property and terminate this Agreement forthwith, without prejudice to any right of action or remedy which the Landlord may have for any antecedent breach. In the event of such termination due to the Tenant's breach, the Security Deposit may be forfeited by the Landlord to offset any losses incurred.

9.2 If the Landlord shall fail to perform or observe any of the covenants or conditions on the Landlord's part herein contained, the Tenant shall be entitled to give the Landlord written notice specifying the breach and allowing a reasonable time (not less than thirty (30) days) to remedy the breach. If the Landlord fails to remedy the breach within the stipulated time, the Tenant shall be entitled to terminate this Agreement by giving further written notice, without prejudice to any right of action or remedy which the Tenant may have for any antecedent breach.

10. UTILITIES:

The Tenant shall be responsible for the payment of all utility charges (including but not limited to electricity, water, sewerage, and gas) incurred at the Property during the Tenancy Period. The Tenant shall provide the Landlord with copies of the final utility bills upon the expiry or earlier termination of this Agreement.

11. REPAIRS AND MAINTENANCE:

11.1 The Tenant shall be responsible for maintaining the cleanliness of the interior of the Property and for carrying out minor repairs.

11.2 The Landlord shall be responsible for major structural repairs to the Property, provided that such repairs are not necessitated by the Tenant's negligence or misuse.

11.3 The Tenant shall promptly notify the Landlord in writing of any damage to the Property requiring the Landlord's attention.

12. HOUSE RULES (If Applicable):

The Tenant shall adhere to all the rules and regulations of the building management (if applicable), a copy of which has been provided to the Tenant (or will be provided within [Number] days of the Commencement Date). Any breach of these rules shall be deemed a breach of this Agreement.

13. NOTICES:

Any notice required to be served hereunder shall be in writing and shall be deemed to have been duly served if sent by registered post to the respective addresses of the parties hereinbefore mentioned or to such other address as either party may hereafter notify to the other in writing. Any notice sent by registered post shall be deemed to have been received within Seven (7) days after the date of posting.

14. GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

15. STAMP DUTY AND LEGAL COSTS:

The stamp duty payable on this Agreement shall be borne by the Tenant. The legal costs for the preparation of this Agreement shall be borne by the Tenant and the Landlord equally (or as otherwise agreed).

16. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and understandings, whether oral or written.   

IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.

SIGNED by the Landlord

..................................................

[LANDLORD'S FULL NAME]

NRIC/Passport No: [LANDLORD'S IDENTIFICATION NUMBER]   

In the presence of:

..................................................

[WITNESS'S FULL NAME]

NRIC/Passport No: [WITNESS'S IDENTIFICATION NUMBER]

SIGNED by the Tenant

..................................................

[TENANT'S FULL NAME]

NRIC/Passport No: [TENANT'S IDENTIFICATION NUMBER]

In the presence of:

..................................................

[WITNESS'S FULL NAME]

NRIC/Passport No: [WITNESS'S IDENTIFICATION NUMBER]

APPENDIX A: INVENTORY OF FURNITURE, FIXTURES, AND FITTINGS

(Detailed list of all items provided with the property and their condition at the start of the tenancy. Both the Landlord and Tenant should sign and date this appendix.)

Important Reminder: This is a detailed sample for illustrative purposes only.

How Bestar can Help

Sample Malaysian Tenancy Agreement

Bestar can be incredibly helpful in various aspects of your life and business. Our expertise in the law allows us to provide guidance, representation, and protection in complex legal matters. Here's a breakdown of how Bestar can help:   

For Individuals:

• Real Estate Transactions:

  • Drafting and reviewing sale and purchase agreements: Ensuring the terms are fair, protect your interests, and comply with legal requirements.   

  • Dealing with tenancy agreements: Drafting, reviewing, and advising on lease agreements to safeguard your rights as a landlord or tenant.   

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In summary, Bestar can help by:

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It's always best to consult with Bestar when you need professional advice to ensure you are making informed decisions and protecting your rights.

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