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Lease Assumption Agreement Template for Malaysia

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Key Requirements PROMPT example:

Lease Assumption Agreement

"I need a Lease Assumption Agreement for my retail business in Kuala Lumpur, where my company will take over an existing 5-year commercial lease from March 1, 2025, with the current tenant remaining as guarantor."

Document background
The Lease Assumption Agreement is a crucial document used in Malaysian commercial and residential property transactions when an existing tenant wishes to transfer their lease obligations to a new tenant. This agreement becomes necessary when a tenant needs to exit a lease early but has found another party willing to take over the remaining lease term. The document ensures compliance with Malaysian property laws, including the National Land Code 1965 and relevant state-level regulations. It typically includes details about the original lease, the premises, rent obligations, security deposits, and any existing modifications or special conditions. The Lease Assumption Agreement must be properly executed and stamped in accordance with the Stamp Act 1949 to be legally enforceable in Malaysia. This document is particularly important in protecting the interests of all parties involved - the landlord, the original tenant, and the new tenant - by clearly defining their rights, obligations, and any conditions attached to the lease transfer.
Suggested Sections

1. Parties: Identifies all parties to the agreement: Landlord, Original Tenant (Assignor), and New Tenant (Assignee)

2. Background: Recitals explaining the existing lease arrangement and the intention to transfer/assume the lease

3. Definitions: Defines key terms used throughout the agreement including 'Original Lease', 'Premises', 'Assumption Date', etc.

4. Assignment and Assumption: Core provision detailing the transfer of lease rights and obligations from Assignor to Assignee

5. Landlord's Consent: Documents the landlord's approval of the lease assumption

6. Effective Date: Specifies when the assumption takes effect

7. Assignor's Representations and Warranties: Statements regarding the status of the lease, any defaults, and condition of premises

8. Assignee's Covenants: New tenant's commitments to comply with lease terms and obligations

9. Release of Assignor: Terms regarding the original tenant's release from future obligations

10. Governing Law: Specifies Malaysian law as governing law and relevant jurisdiction

11. Execution: Signature blocks for all parties

Optional Sections

1. Security Deposit Transfer: Required if there is an existing security deposit to be transferred or replaced

2. Outstanding Obligations: Include if there are any unmet obligations or pending issues under the original lease

3. Broker Provisions: Required if any brokers were involved in facilitating the assumption

4. Existing Modifications: Include if the original lease has been modified through previous amendments

5. Condition of Premises: Detailed section about premises condition if there are specific issues or concerns

6. Guarantor Provisions: Required if there is a guarantor for the new tenant

7. Survival Clause: Optional clause specifying which provisions survive the completion of the assumption

Suggested Schedules

1. Schedule A - Original Lease: Copy of the original lease agreement and any amendments

2. Schedule B - Premises Details: Detailed description of the leased premises including address and any parking/common areas

3. Schedule C - Rent Schedule: Current rent amounts, payment schedule, and any scheduled increases

4. Schedule D - Existing Defaults or Claims: List of any existing defaults, claims, or disputes (if any)

5. Schedule E - Inventory List: If applicable, list of any furniture, fixtures, or equipment included in the lease

6. Schedule F - Outstanding Obligations: Detailed list of any outstanding obligations or payments

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

Relevant legal definitions

























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Relevant Industries

Real Estate

Retail

Commercial Office

Industrial

Manufacturing

Hospitality

Healthcare

Education

Logistics

Warehousing

Food & Beverage

Professional Services

Relevant Teams

Legal

Real Estate

Operations

Finance

Facilities Management

Risk & Compliance

Corporate Services

Administration

Business Development

Asset Management

Relevant Roles

Property Manager

Facilities Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Operations Director

Chief Financial Officer

Business Development Manager

Store Manager

Office Manager

Lease Administrator

Asset Manager

Property Director

Compliance Officer

Risk 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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