The Residential Rental Agreement is a fundamental legal document used in Malaysia for establishing a formal tenancy relationship between property owners and tenants. This agreement is essential for protecting the interests of both parties and ensuring compliance with Malaysian property law, including the National Land Code 1965 and Contracts Act 1950. It should be used whenever a residential property is being leased, whether it's an apartment, house, or other residential unit. The document typically includes comprehensive details about rent payments, security deposits, maintenance obligations, utility responsibilities, and termination conditions. It's designed to prevent disputes by clearly defining rights and responsibilities while ensuring enforceability under Malaysian law. The agreement should be properly stamped according to the Stamp Act 1949 to be admissible in Malaysian courts.
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1. Parties: Identification of landlord and tenant with full names, identification numbers, and addresses
2. Background: Brief context of the rental arrangement and property ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Demised Premises: Detailed description of the rental property including address and property type
5. Term and Possession: Duration of tenancy, commencement date, and possession details
6. Rental and Payment Terms: Monthly rental amount, payment method, due date, and late payment provisions
7. Security Deposit: Amount, payment terms, and conditions for refund of security and utility deposits
8. Utilities and Outgoings: Responsibility for utility payments, maintenance fees, and other charges
9. Tenant's Covenants: Tenant's obligations including maintenance, use restrictions, and conduct rules
10. Landlord's Covenants: Landlord's obligations including major repairs and quiet enjoyment
11. Insurance: Requirements for insurance coverage by both parties
12. Termination: Conditions and procedures for early termination and notice requirements
13. Default and Remedies: Consequences of breach and available remedies for both parties
14. Notices: Method and addresses for serving notices between parties
15. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Furniture and Fittings: Detailed section for furnished properties, including maintenance and replacement terms
2. Renovation and Alterations: Terms for allowing modifications to the property, used when renovations are anticipated
3. Special Provisions for Strata Properties: Additional terms for apartments/condominiums regarding by-laws and facilities
4. Option to Renew: Terms for lease renewal, included when parties want to pre-agree renewal terms
5. Special Restrictions: Additional restrictions such as no pets or no smoking, based on property requirements
6. Guarantor: Terms relating to guarantor when required for tenant's obligations
7. Sub-letting: Terms regarding sub-letting rights and conditions, if permitted
1. Schedule 1 - Property Inventory: Detailed list of furniture, appliances, and fittings if property is furnished
2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of tenancy
3. Schedule 3 - House Rules: Specific rules for property use, especially relevant for managed properties
4. Schedule 4 - Payment Schedule: Breakdown of all payments including rent, deposits, and other fees
5. Schedule 5 - Maintenance Schedule: Division of maintenance responsibilities between landlord and tenant
6. Appendix A - Photos: Photographic evidence of property condition at commencement
7. Appendix B - Utilities Reading: Initial meter readings for utilities at handover
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