Landlord and tenant are bound by the terms and conditions of the tenancy agreement. Tenancy agreement is a contract involve a landlord and a tenant. In absence of any agreement, the tenancy shall be deemed to be a monthly tenancy. Tenancy agreement will specify the term and duration of the tenancy which would usually be for a period of a year to three years. Any renewal with a possible rent adjustment should be mutually agreed upon. Tenancy agreements in Malaysia are covered by the Contracts Act 1950. Certain provisions of the National Land Code 1965 contain provisions on leases and tenancies.; eviction of tenants is covered in a couple sections in the Specific Relief Act 1950 and Distress Act 1951. There is no one single law that govern the relationship between landlord and tenant. The case laws will provide guidance on how the Court will interpret the laws and determine the rights of both parties.
Prior to signing the Tenancy Agreement, an individual need to make sure of the following things :
- Do Check the start date and end date of the agreed rental period as well as option to renew.
- Make sure every tenant’s name is on the contract as well as the landlord’s .
- Do take note of your obligations in details as to the said property while residing in it, and make sure the said obligation was agreed by you.
- Check the deposit and rental amount and make sure it is as per agreed.
- Check for any agreed repairs you want done before/as soon as you move in (eg. agreed washing machine replacement)
- Take note of the Termination clause as well as any special condition clause(e.g rules about pet or smoking in rental home ( if any )).
- If something looks odd to you, or you want to correct part of the contract, then don’t be afraid to bring it up with the landlord or agent.
Experts from our firm do provide professional consultation and services for preparation of tenancy agreements and any other issues regarding tenancy matters.