What is the minimum term
of tenancy allowed ? Most
buildings have a minimum tenancy period of 2 years
with an option to renew for 1 further year. A
longer tenancy period will allow for the tenant to
lock in the rental rate in a growing property
market.
What is the difference
between a tenancy and a lease? If the
contract term is three (3) years or less, it is
called a tenancy. If the contract term is beyond
three (3) years, it is called a lease. Legally,
leases are registrable with the Land Office and the
lessees have a registered interest in the land upon
registration.
In a tenancy aggreement
of 2 + 1 years, whose option is it to renew the
tenancy, the tenant or
landlord?
It is the tenant's option to renew.
Who prepares the
tenancy aggreement? The
tenancy agreement is prepared by the landlords
lawyers.
Will I need to pay for
preparation of the tenancy agreeement? Legal
fees, though prepared by the landlords' lawyers are
borne by the tenant.
Why does the tenancy
agreement need to be stamped? The stamp
duty collected is a form of tax imposed by the
Government of Malaysia. It is necessary for a
tenancy agreeement to be stamped so that it can be
used and tendered as evidence at any Court of Law
in Malaysia.
How is the stamping fee
calculated? The
stamping fee calculation is based on the amount of
monthly rental payable and also the tenancy period.
The formula is as below:
Yearly rental
minus 2400 (as the first 2400 is not taxable)
divided by 250. The amount is then multiplied by
the number of years.
RM10 is added
for the landlords copy. The total amount is
payable by the tenant.
What kind of payments
need to be made in a tenancy? In a
standard tenance agreement, the tenant needs to pay
1 month of rental as the booking deposit upon
signing the Letter of Offer/Acceptance. Also, the
tenant is required to sign the Tenancy Agreement
within 14 days from the date of acceptance and play
2 months rental as a security deposit and 1/2 month
rental as a utility deposit, plus stamping and
disbursement fees.
What if the
tenant/landlord terminates the tenancy agreement
before the agreed term? Essentially,
the tenancy will require the injured party be
compensated for the remainder of the tenancy, but
depending on the landlord there might be an exit
clause that will see the injured party compensated
at least 3 months rental, giving them enough time
to find a new tenant/premises and covering
losses.
What utilities does the
tenant have to pay for? The
tenant is required to pay for the electricity
consumption, telephone usage, internet
subscribtion, statelite tv and water if any and
indah water. Maintenence of the common areas for
condos are already factored into the
rental.
Semi furnished? Fully
furnished? Semi-furnished
and fully furnished are readily available
for residential property. The additional rent
for this luxury will be a private arrangement
between the landlord and the tenant
Reinstatement of the
premises Most
tenancy agreements unless otherwise stated requires
the tenant to reinstate the premises to a bare
space. This is done at the cost of the
tenant.
What documents are
needed when signing a tenancy aggreement? When
signing a tenancy agreement the following forms
will need to be filled up for legal
purposes
Residential
Tenancy Agreement
Length of
Tenancy
Rent
Additional
Terms
Security
Deposit and Pet Damage
Deposit
Are rental deposits
affected if there is a review in utility rates? For
example water, electricity etc If there
are changes in quick rent and assessment by the
authorities, tenants are liable to top up their
deposits.
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