How to Prepare a Tenancy Agreement in Malaysia

How To Prepare a Tenancy Agreement In Malaysia

by Amanda | 20th August 2019 |

How To Prepare A Tenancy Agreement In Malaysia

This is a guide for first-time renters of residential properties. If you’re one, today is your lucky day! You may have been wondering what is a tenancy agreement. Well, it’s not a simple rulebook documentation. It is a legal contract between a landlord and a tenant, outlining the duties of both parties during the tenancy period. 

Why Tenancy Agreement is Important? 

Fellow landlords often ask: “Are tenancy agreements important? Is it necessary to have a tenancy agreement when I rent a property?” Technically speaking, it is 100% necessary to have a tenancy agreement when renting a property. While a vast majority of landlord would have this aspect covered, there are still some landlords would rent out a property without a tenancy agreement. 

When you offer your tenants tenancy agreements shows that you care and taking your role as a landlord seriously. Secondly, it gives you the opportunities to set off some clear boundaries such as can tenants keep pets in the property or can the tenant subletting the property? It also acts as a guideline for landlords to keep track of the conditions of the property. You don’t have to waste another day to make a list of the possible damages from your property after the eviction. By making a clear expectations from tenant and landlord – both parties can feel more at ease and the chances of disputes are reduced. 

What Should be Included in a Tenancy Agreement?

There are a lot of things to include in a tenancy agreement, but fundamentally, it should be included the following:

What type of property are you renting? Where is it located? If you’re renting a non-landed properties like condominiums, what is the unit number? Are you renting an entire unit or a portion like rooms? What are the facilities included in the property? Is the unit furnished or not? 

State the monthly or yearly rent the tenants need to pay, along with the due date and payment method. You should also indicate the utility, security and earnest deposit.

State the dates and the duration of the tenancy period. You may also add options for tenants to renew or extend the tenancy.

Outline what the tenants should and should not do while renting the property. For instance, tenants are not allowed to sublet the property. Explicitly ban the conduct of vices and illegal activities such as drugs and gambling. Renovating the property without landlord’s permission is not allowed.

What can you provide to a tenant? This section includes payment of annual property tax to the relevant authorities, insurance premiums and make sure that the facilities are working in good condition.

This section includes paying the rent on time, maintaining the facilities, appliances and interiors; informing the landlord of problems and abide with landlord’s rules and unit (house/ condominium) rules.

This contains dispute resolution process, in case there are misinterpretations, misunderstandings between tenant and landlord or certain terms stated in the agreement.

How to Prepare a Tenancy Agreement 

To prepare a tenancy agreement, landlords would hire a lawyer to draft it out in order to make is as complete as possible. But of course, they can also draft it on their own without crying over their empty wallets. If you prefer to prepare a tenancy agreement on your own , make sure to look through the details carefully. It would be lovely if you could get someone to look through the agreement to make sure you don’t miss anything out.

 

It’s ok to admit that you still have no idea where to start. We have a template prepared for you to give you a boost! 

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Amanda

Social media planner by day, illustrator by night, Amanda is everybody’s friendly little oddball who enjoys eating  good food and watching horror movies. Her interest in culture and horror have inspired her to create dark-fantasy, oriental themed illustrations…cute doodles are included. She is also a blogger with a mission in mind: to inspire others through creativity.

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