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Sample tenancy agreement for

residential properties in Malaysia
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 ***********************************************************************
TENANCY AGREEMENT
***********************************************************************

DATED: __________________

BETWEEN

THE LANDLORD: ____________________ (IC NO: _________________)

AND

THE TENANT: ____________________ (IC NO: _________________)

FOR THE DEMISED PREMISE (ADDRESS BELOW):

______________________

______________________

______________________

1
AGREEMENT

THIS TENANCY AGREEMENT is made the day and year stated in Section 1 of the Schedule
hereto

Between the party whose name and description are stated in Section 2 of the Schedule hereto
(hereinafter called the “Landlord") of the one part

And the party whose name and description are stated in Section 3 of the Schedule hereto
(hereinafter called the “Tenant") of the other part.

WHEREAS the Landlord is the legal and beneficial owner of the demised unit described in
Section 4 of the Schedule hereto (hereinafter referred to as the “Demised Premises”).

AND WHEREAS the Landlord is desirous of letting and the Tenant is desirous of taking the
Demised Premises together with furnishings, fixtures, fittings and furniture as described in the
Inventory hereto (on an “as is basis”) and upon the terms and conditions hereinafter contained.

2
NOW THIS AGREEMENT WITNESSETH as follows:-

1. AGREEMENT TO LET
The Landlord hereby lets and the Tenant hereby takes a tenancy of the Demised
Premises together with the use and enjoyment of the common facilities used in
conjunction with the Demised Premises TO BE HELD by the Tenant for the term of
tenancy specified in Section 5 of the Schedule hereto (hereinafter referred to as the
“Term of Tenancy”) from the date specified in Section 6.1 of the Schedule hereto
(hereinafter referred to as the “Commencement Date”) to the date specified in Section 6
of the Schedule hereto (hereinafter referred to as the “Expiry Date”) at an agreed
monthly rental specified Section 7 of the Schedule hereto (hereinafter referred to as the
“Reserved Rent”) payable in advance by the date of each and subsequent calendar
month specified in Section 8 of the Schedule hereto and subject to the terms and
conditions hereinafter contained.

2. RENTAL
The Tenant shall upon execution of this Agreement pay the Landlord the sum specified
in Section 9 of the Schedule hereto (receipt whereof the Landlord hereby acknowledges)
(hereinafter referred to as the “Deposit”) as security for the due observance and
performance by the Tenant of all his duties and obligations hereunder and on its part to
be performed and fulfilled. The Deposit shall be maintained at this figure during the Term
of Tenancy and shall not without the previous written consent of the Landlord be
deemed to be or treated as payment of rent and the same shall be returned to the
Tenant free of interest within a period of not more than thirty (30) days from the date of
expiry or sooner determination of the term hereby created less any sum as may then be
due to the Landlord for damage caused to the Demised Premises by the Tenant
(damage due to normal wear and tear excepted).

3. DEPOSIT
The Tenant shall also upon the execution of this Agreement pay the Landlord the sum
specified in Section 10 of the Schedule hereto (hereinafter referred to as the “Utilities
Deposit”) as deposit towards water, electricity, gas and sewerage charges. The Utilities
Deposit less any sums as may then be payable by the Tenant (if any) towards such
utilities shall be refunded free of interest to the Tenant on the expiry or sooner
determination of the term hereby created.

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4. TENANT'S COVENANT

THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:-

4.1 To pay the Reserved Rent on the days and in the manner aforesaid.

4.2 To pay all charges in respect of water, electricity, and gas consumed on the Demised
Premises including sewerage charges and all other utilities supplied to the Demised Premises
according to the meters thereon and all charges for telephone (if any).

4.3 During the Term of Tenancy, to keep the Demised Premises, the furniture, fixtures and
fittings listed in the Inventory hereto (if any) together with any additions thereto in a good and
tenantable repair and condition (normal wear and tear accepted).

4.4 To use the Demised Premises as a place of residence in the occupation of one family only.

4.5 To observe all the house rules and regulations made by the Management of the complex (if
any).

4.6 Not to carry on or permit or suffer the use of the Demised Premises for any other purpose
and in particular not to use the Demised Premises for any unlawful or immoral purposes.

4.7 Not to suffer or permit anything to be in or upon the Demised Premises or any part thereof
which may or is likely to be a nuisance, annoyance or danger to the owners and/or occupiers of
adjacent and/or nearby units and premises and to indemnify the Landlord in respect of any
claims arising there from.

4.8 At all times, to keep and maintain the interior thereof including all doors, windows, glass,
shutters, locks and fastenings and other furniture fixtures fittings and additions thereto in good
and tenantable repair and decorative condition and to replace and substitute the electric /
fluorescent bulbs and all repairs and maintenance below RM150 at its own costs during the
Term of Tenancy.

4.9 Not to make or permit any alteration in the construction or structure of the Demised
Premises nor to cut, alter or injure any of the walls, timbers or floors of the Demised Premises
nor to hack any holes or drive anything whatsoever into the walls or to bore any holes into the
ceiling without the previous written consent of the Landlord and if the teak timber finish of the
floor (if any) is scratched and/or damaged, to varnish and restore the same to its original
condition upon termination of this Agreement.

4.10 Forthwith to give the Landlord notice in writing of any structural defects in the Demised
Premises.

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4.11 To replace at the expiration or sooner determination of the Term of Tenancy such of the
Landlord's furniture, fixtures and fittings and other property within the Demised Premises, as
may have become damaged or lost by direct substitution i.e. of equivalent value and quality.

4.12 Save in so far as the Landlord is made liable therefore by statute not to hold the Landlord
liable for any accident damage or injury caused to the Tenant, his servants, agents, licensees
and invitees on the Demised Premises which may happen as a result of the negligence
improper management, breakage or want of repair of any part of the Demised Premises or any
fittings, fixtures furniture and/or equipment therein and to indemnify the Landlord for all
damages arising therefrom.

4.13 To permit the Landlord and his duly authorised representatives upon giving seven (7) days
previous notice in writing at all reasonable times to enter upon and examine the condition of the
Demised Premises, whereupon the Landlord shall be entitled to serve upon the Tenant a notice
in writing specifying therein any repairs necessary to be carried out and requiring the Tenant to
forthwith to execute the same and if the Tenant shall not within fourteen (14) days after service
of such notice proceed diligently with the execution of such repairs or works then the Landlord
with or without workmen and others shall be entitled to enter upon the Demised Premises and
execute the repairs and the Tenant agrees that the costs thereof shall be a debt due from the
Tenant to the Landlord and be forthwith recoverable by action.

4.14 Not at any time during the Term of Tenancy without the consent in writing of the Landlord
to assign, sub-let or otherwise part with the possession of the Demised Premises or any part
thereof or permit of suffer any other person or persons to hold or occupy the same or any part
thereof.

4.15 Not to do or permit to be done on the Demised Premises anything which may or will
infringe any of the laws, bye-laws or regulations made by the Government or any competent
authority affecting the Demised Premises or whereby the policy or policies of insurance against
loss or damage by fire may become void or voidable or whereby the rate or rates of premium
payable thereon may be increased and to repay the Landlord all sums paid by way of an
increased premium.

4.16 To maintain and service all the air-conditioning units (if any) within the Demised Premises
as and when necessary during the Term of Tenancy at the Tenant’s own costs. Provided always
nothing herein shall make it incumbent on the Tenant to compensate for any major replacement
or extensive repairs to the air-conditioning units save and except where replacement or repairs
are caused by the negligence of or misuse by the Tenant, its servants and/or agents or through
lack of maintenance. Tenant to service the air-conditional during the tenure period every once a
year.
4.17 To insure his own valuables and belongings including all additional furnishings fixtures and
fittings brought thereon the Demised Premises against loss and damage by fire or theft during
the Term of Tenancy.

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4.18 At the expiration or sooner determination of the Term of Tenancy hereby created to
peaceably and quietly yield up the Demised Premises to the Landlord with all the furniture,
fixtures and fittings (except the Tenant's fixtures and fittings) therein in tenantable repair in
accordance with the Tenant's covenants herein before contained.

4.19 During four (4) clear weeks immediately preceding the termination of the tenancy unless
the Tenant shall have given notice of his intention to renew the tenancy as hereinafter provided,
to permit persons with the written authority from the Landlord at all reasonable times of the day
to view the Demised Premises for the purpose of letting the same.

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5. LANDLORD'S COVENANT

THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:-

5.1 To pay the Quit Rent assessment, service charges and other outgoing relating to the
Demised Premises other than those herein agreed to be paid by the Tenant

5.2 To insure and keep insured the Demised Premises, furnishings, fixtures and fittings
belonging to the Landlord against loss and damage by fire during the Term of Tenancy.

5.3 Upon the Tenant paying the rent hereby reserved and observing and performing the
covenants, obligations and stipulations herein on his part contained, to allow the Tenant to
peaceably hold and enjoy the Demised Premises without any interruption from the Landlord or
any persons rightfully claiming through under or in trust for him.

5.4 To ensure that all the electrical appliances supplied as listed in the Inventory are in good
working order at the Commencement Date of this Agreement.

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6. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BETWEEN BOTH
PARTIES as follows:-

6.1 If at any time the rent or any part thereof (whether formally demanded or not) shall remain
unpaid or unsatisfied for seven (7) days after becoming payable or if any of the Tenant's
covenants shall not be performed or observed or if the Tenant shall suffer execution on the
Demised Premises or if the Tenant shall become a bankrupt or being a company or corporation
shall go into liquidation otherwise than for the purpose of amalgamation or reconstruction or if
the Tenant for the time being shall enter into any composition with the Tenant's creditors or
suffer any distress or execution to be levied on the Tenant's goods then and in any of those
events it shall be lawful for the Landlord or any persons authorised by the Landlord in that
behalf at any time thereafter to re-enter upon the Demised Premises or any part thereof in the
name of the whole and thereupon this tenancy shall absolutely determine but without prejudice
to any right of action or remedy of the Landlord in respect of any breach of the Tenant's
covenants herein contained.

6.2 If the Demised Premises or any part thereof at any time during the Term of Tenancy be
destroyed or damaged by any cause (other than the act or default of the Tenant or any servant
of the Tenant or any person who is in the Demised Premises with his permission whether
express or implied) so as to be unfit for occupation and use then the rent hereby reserved or a
fair proportion thereof according to the nature and extent of the damage sustained shall be
suspended until the Demised Premises shall again be rendered fit for habitation and use. If the
Demised Premises shall not be rebuilt or reinstated by the Landlord within one (1) month after
the event either the Landlord or the Tenant may at any time thereafter give to the other of them
notice in writing to determine this tenancy and thereupon this Agreement shall cease and be
void as from the date of the occurrence of such damage or destruction but without prejudice to
the rights and remedies of either party against the other in respect of any antecedent claim or
breach of covenant or of the Landlord in respect of the rent hereby reserved until such date.

6.3 Notwithstanding anything herein contained, the Landlord shall not be liable to the Tenant nor
shall the Tenant have any claim against the Landlord in respect thereof:-

6.3.1 Any interruption in any of the common facilities used and enjoyed in conjunction
with the Demised Premises occasioned by reason of necessary repair or maintenance of
any installations or apparatus or damage thereto or destruction thereof by fire, water, Act
of God or cause beyond the control of the Landlord or by reason of mechanical or other
defect or breakdown or other inclement conditions or unavoidable shortage of electricity
or water telephone service or labour disputes.

6.3.2 Any damage injury or loss arising out of the leakage of the piping, wiring and other
systems in the demised premise.

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 6.3.3 Any damage or loss of the goods and chattels of the Tenant as a result of theft,
robbery or any other willful and destructive act committed by outsiders beyond the
control of the Landlord.

6.4 In the event the Tenant shall be desirous of taking a tenancy of the Demised Premises for a
further term, the Tenant shall give the Landlord Two (2) months' written notice of the same.
Provided always that the terms and conditions of this Agreement shall have been duly observed
and performed by the Tenant, the Landlord shall grant the Tenant a further term of tenancy as is
specified in Section 11 of the Schedule hereto upon the same terms and conditions (save and
except for this clause) and at a rental to be agreed upon.

6.5 The tenant shall not terminate the tenancy at any time before the expiry of the said Term
hereby created. In the event the Tenant terminating the tenancy at any time before the said
Term hereby created, the Landlord reserved the rights to forfeit the said Security Deposit as is
specified in Section 9 of the Schedule. In the event the Landlord terminating the tenancy at any
time before the expiry of the said Term, The Landlord shall refund the two (2) months Security
Deposit to the Tenant and pay a further two (2) months rental as compensation provided there
is no breach of contract on the part of the Tenant. After the period of twelve (12) months, the
Tenant shall be entitled to terminate this tenancy agreement after giving the Landlord two
months written notice before the expiry of the term hereby created in the event of any of the
following:-

6.5.1 the Tenant being a natural person or the occupant (in the case of the Tenant being
a Company) shall be required to obtain the issue or renewal under the Immigration Act
1959/63 and the regulations made thereunder of a work permit for the Tenant's or, as
the case may be, the occupant's continued employment in Malaysia but shall be unable
to obtain such work permit or the renewal thereof; or

6.5.2 the Tenant being a natural person or the occupant (in the case of the Tenant being
a Company) shall be transferred out of state or country, then the Tenant shall be
entitled, if the Tenant shall have performed and observed the several stipulations
contained in the Tenancy Agreement and on the Tenant's part to be performed and
observed, to terminate the Tenancy in the manner as follows:

(i) by giving to the Landlord not less than Two (2) months' notice in writing of
termination together with reasonable evidence in the case under sub-clause
6.5.1, of the refusal of the Work Permit or the renewal thereof or in the case
under sub-clause 6.5.2, of the transfer of the Tenant; or

(ii) by paying to the Landlord Two (2) months' rental in lieu of notice thereof.
6.6. Without prejudice to Clause 6.1, the Tenant shall pay interest on demand to the Landlord
on any monies which are or become due and payable pursuant to the provisions of this
Agreement or due upon judgment to the Landlord until such time as all outstanding moneys
including interest shall have been paid in full. The rate of interest applicable shall be at the rate

9
of ten per centum (10%) per annum and such interest shall accrue and be calculated on a daily
basis.

6.7. In the event the Landlord shall be desirous of selling the Demised Premises prior to the
expiration or the term hereby created, the Landlord hereby covenants undertakes and agrees
that such sale shall be subject to this tenancy and shall procure the Purchaser to continue with
the terms and conditions of this Agreement in lieu of the Landlord and the Tenant hereby agrees
to allow prospective purchasers at all reasonable times to enter upon and examine the Demised
Premises upon reasonable notice given by the Landlord.

6.8. All costs and incidental to the preparation and completion of this Agreement including
stamp duty shall be borne by the Tenant and it is further agreed that all costs and
disbursements incurred by the Landlord (including the Landlord's Solicitors' fees on a Solicitor
and Client's basis) in enforcing his rights hereunder in the event of any breach by the Tenant
hereof shall be borne by the Tenant. Likewise, it is also agreed that all costs and disbursements
incurred by the Tenant (including the Tenant's Solicitors' fees on a Solicitor and Client's basis) in
enforcing his rights hereunder in the event of any breach by the Landlord hereof shall be borne
by the Landlord.

6.9 Any notice in writing under the terms and conditions of this Agreement to be sent to either
party hereto on the other shall be by prepaid registered post and shall be deemed to be
sufficiently served at the time when in the ordinary course of post would have been delivered.

6.10 No relaxation or forbearance delay or indulgence by the Landlord in enforcing any of the
terms and conditions of this Agreement nor the granting of any time by the Landlord shall
prejudice affect and/or restrict the rights and powers of the Landlord hereunder.

6.11 The Schedule hereto shall be taken read and construed as an essential part of this
Agreement.

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7. In this Agreement:-

7.1 The terms "Landlord" and the "Tenant" shall include their heirs, personal representatives
and successors-in-title;

7.2 words importing the masculine gender only shall include the feminine and neuter gender;
and

7.3 words importing the singular number shall include the plural number and vice versa.

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IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year
specified in Section 1 of the Schedule hereto.

SIGNED by the Landlord:-

Signature: _________________________
Name: ______________
NRIC: ______________

In the presence of:-

Signature: _________________________
Name: ______________
NRIC: _____________

SIGNED by the Tenant:-

Signature: _________________________
Name: ______________
NRIC: ______________

In the presence of:-

Signature: _________________________
Name: ______________
NRIC: _____________

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THE SCHEDULE

SECTION ITEM PARTICULARS

NO.

1. Date of Agreement Date: _____________

2. Description of Landlord Name(s): ______________

I/C/ Passport No.: _____________
Contact number: _____________
Email: ______________

3. Description of Tenant Name(s): ______________

I/C/ Passport No.: _____________
Contact number: _____________
Email: ______________

4. Description of Demised Address:

Premises
_________________________

_________________________

_________________________

5. Term Of Tenancy [ ] ONE (1) year

[ ] TWO (2) years
[ ] OTHER: _______________

6. 6.1 Commencement Date Commencement date: ____________

6.2 Expiry Date Expiry date: _____________

7. Rental per Month Payable Malaysian Ringgit _______________

in Advance

8. Date Payable 1st day of each month (7 days payable)

9. Security Deposit Malaysian Ringgit ____________________

10. Utilities Deposit Malaysian Ringgit _____________________

11. Option for Renewal and Two (2) months written notice in advance by either
Rent party before the expiry date as per Section 6
above for a further term of One (1) Year and
subject to new rent and deposit to be mutually
agreed by between the Landlord and the Tenant.

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INVENTORY

Item Item Quantity

No.

1 Example: Queen size bed frame with mattress 1

14