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March 2026·Agreements

Tenancy Agreement Checklist for Malaysian Landlords

A well-drafted tenancy agreement prevents more disputes than any amount of goodwill after the fact. If a disagreement ever escalates, the agreement is the first (and often only) document that matters — so it's worth getting right before either party signs. Here are the 12 clauses worth double-checking.

1. Parties and property details

Full legal names of landlord and tenant, IC/passport numbers, and the complete property address including unit number, floor, and any parking bay allocated. Sounds obvious — it's also the most common source of "which unit exactly" confusion when a building has multiple similarly-numbered units.

2. Term and renewal

The exact start and end date, and — critically — what happens on expiry. Does it automatically become a periodic (monthly) tenancy? Does it just end? Is there an option to renew, and on what terms? Silence here is what creates the most disputes over notice periods later.

3. Rent amount and payment terms

The monthly rent, the due date each month, accepted payment methods, and what happens if payment is late (grace period, late fee, if any). Specify the late fee as a fixed amount or percentage — vague terms like "reasonable late fee" are hard to enforce.

4. Security deposit and utility deposit

The amount of each (commonly two months' rent security deposit + half a month utility deposit, though this varies), what they cover, and the conditions and timeline for refund after move-out.

5. Maintenance and repair responsibilities

Split clearly between landlord and tenant: who handles structural repairs versus day-to-day upkeep, who's responsible for aircon servicing, and a cost threshold above which the landlord must be notified before the tenant arranges a repair and expects reimbursement.

6. Permitted use of the property

Residential use only, occupancy limits (how many occupants), and whether subletting or Airbnb-style short-term subletting is allowed — this last one matters increasingly and should be explicit either way.

7. Pets

State clearly whether pets are allowed, and if so, any restrictions (type, size, number) and any additional deposit required for pet-related wear.

8. Inventory list

A schedule attached to the agreement listing furniture, appliances, and fixtures provided, along with their condition at move-in. This is the single most useful document for resolving deposit disputes later — pair it with dated photos.

9. Early termination clause

What happens if either party wants to end the tenancy before the term expires — is there a penalty (commonly one to two months' rent), a required notice period, or a "diplomatic clause" allowing early exit under specific circumstances (e.g. job relocation, for expatriate tenants)?

10. Renewal and rent review terms

If you want the option to increase rent at renewal or during a long lease, this needs to be written in — see our guide on rent increases for how to structure this fairly.

11. Insurance and liability

Whether the landlord's insurance covers the structure only, and that the tenant is responsible for insuring their own belongings — this avoids disputes after incidents like fire or flood damage to personal items.

12. Dispute resolution and governing terms

How disputes will be handled if they can't be resolved directly — mediation, tribunal, or the courts — and which state's laws govern the agreement, relevant if landlord and tenant are based in different states.

A final note

Templates are a starting point, not a substitute for legal review on high-value or unusual tenancies (multi-year commercial-residential hybrids, tenancies with company guarantors, etc.). For standard residential lettings, a clear, complete agreement covering the 12 items above will prevent the large majority of disputes that otherwise end up in tribunal.

TenancyDesk generates tenancy agreements from a template covering all 12 of these clauses, pre-filled with your property and tenant details, ready to review and send for e-signature.

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