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Amended And Restated Lease Template for Malaysia

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Key Requirements PROMPT example:

Amended And Restated Lease

"I need an Amended and Restated Lease for my retail space in Kuala Lumpur, updating the monthly rental to RM15,000 and extending the term until March 2025, while adding new provisions for online pickup points in the common areas."

Document background
The Amended And Restated Lease Agreement is utilized when parties to an existing Malaysian lease wish to incorporate substantial changes or multiple amendments into a single, comprehensive document. This approach is particularly valuable when the original lease has undergone several modifications, making it difficult to track all changes, or when significant updates to terms and conditions are required. The document consolidates all existing terms, modifications, and new amendments into one authoritative agreement, providing clarity and ensuring compliance with Malaysian property law. It typically includes detailed provisions for property use, maintenance responsibilities, rental terms, and other crucial aspects of the landlord-tenant relationship, while clearly establishing its relationship to and supremacy over the original lease agreement. This type of document is commonly used in commercial property transactions and requires careful consideration of both the National Land Code 1965 and Malaysian contract law principles.
Suggested Sections

1. Parties: Identification of the lessor and lessee with full legal names and registration/identification numbers

2. Background: Recitals explaining the original lease, reasons for amendment and restatement, and current status

3. Definitions: Defined terms used throughout the agreement, including terms from original lease that remain applicable

4. Amendment and Restatement: Clear statement that this agreement amends and restates the original lease in its entirety

5. Demised Premises: Detailed description of the leased property and any modifications to the original premises

6. Term and Renewal: Duration of the lease, commencement date, and any renewal options

7. Rent and Payment Terms: Updated rental amounts, payment schedules, and review mechanisms

8. Security Deposit: Amount, terms and conditions of the security deposit

9. Use of Premises: Permitted use of the property and any restrictions

10. Maintenance and Repairs: Responsibilities of both parties for property maintenance and repairs

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Terms and conditions for transferring or subletting the lease

13. Default and Remedies: Events of default and corresponding remedies available to parties

14. Termination: Conditions and procedures for early termination

15. Notices: Process and addresses for formal communications between parties

16. Governing Law: Specification of Malaysian law as governing law and jurisdiction

17. Execution: Signature blocks and attestation requirements

Optional Sections

1. Utilities and Services: Separate section for utility responsibilities when not included in rent

2. Alterations and Improvements: Include when tenant is permitted to make modifications to the premises

3. Common Areas: Required for multi-tenant buildings or complexes

4. Green Building Requirements: Include for properties with specific environmental certifications or requirements

5. Force Majeure: Specific provisions for unforeseen circumstances, particularly relevant post-COVID

6. Operating Expenses: Detailed section for commercial properties with shared costs

7. Quiet Enjoyment: Enhanced provisions for residential or sensitive commercial uses

8. Signage Rights: Important for commercial properties requiring specific signage provisions

9. Parking: Required when specific parking rights are part of the lease

10. Break Option: Include when early termination rights are granted to either party

Suggested Schedules

1. Schedule 1 - Original Lease: Copy or summary of the original lease agreement being amended

2. Schedule 2 - Property Details: Detailed description of property including floor plans and measurements

3. Schedule 3 - Rent Schedule: Detailed breakdown of rent payments, including any stepped increases

4. Schedule 4 - Condition Report: Current condition of the premises with photographs

5. Schedule 5 - Building Rules: Specific rules and regulations for the building or complex

6. Schedule 6 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities

7. Schedule 7 - Fit-out Specifications: Details of any agreed tenant improvements or modifications

8. Schedule 8 - Service Charges: Breakdown of service charges and calculation method

9. Appendix A - Required Insurances: Detailed insurance requirements for both parties

10. Appendix B - Form of Bank Guarantee: Standard format for any required bank guarantee

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Retail

Commercial Office

Industrial

Hospitality

Healthcare

Education

Manufacturing

Logistics

Banking and Financial Services

Technology

Professional Services

Food and Beverage

Warehousing

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Compliance

Risk Management

Property Management

Corporate Services

Administration

Procurement

Asset Management

Relevant Roles

Property Manager

Legal Counsel

Facilities Manager

Real Estate Director

Operations Manager

Chief Financial Officer

Compliance Officer

Asset Manager

Leasing Manager

Contract Administrator

Finance Director

Building Manager

Commercial Director

Risk Manager

Corporate Services Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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