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Online Tenancy Agreement for Malaysia

Online Tenancy Agreement Template for Malaysia

A comprehensive digital contract template designed for property rental arrangements in Malaysia, compliant with both the National Land Code 1965 and the Electronic Commerce Act 2006. This agreement facilitates the creation, execution, and management of residential tenancy agreements through electronic means while ensuring all necessary legal requirements under Malaysian law are met. The document incorporates essential provisions for rent, deposits, maintenance responsibilities, and other key terms while maintaining validity for online execution and digital signatures.

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What is a Online Tenancy Agreement?

This Online Tenancy Agreement template is designed for use in Malaysia where there is an increasing need for digital property rental solutions. The document combines traditional tenancy requirements with modern electronic transaction capabilities, making it suitable for both individual landlords and property management companies. It complies with Malaysian property laws, including the National Land Code 1965, Contracts Act 1950, and Electronic Commerce Act 2006, while incorporating provisions for digital signatures and online execution. The agreement is particularly valuable in situations requiring remote contract completion or when parties prefer paperless transactions. It includes comprehensive terms covering rent, deposits, maintenance, utilities, and other standard tenancy provisions, along with specific clauses ensuring electronic validity.

What sections should be included in a Online Tenancy Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, identification numbers, and contact details

2. Background: Brief context of the agreement and property rental arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the rental property, including address and permitted use

5. Term and Possession: Duration of tenancy, commencement date, and possession details

6. Rent and Payment Terms: Rental amount, payment schedule, and payment methods

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Utilities and Maintenance: Responsibilities for utilities, maintenance, and repairs

9. Tenant's Obligations: Key responsibilities and obligations of the tenant

10. Landlord's Obligations: Key responsibilities and obligations of the landlord

11. Prohibited Activities: Activities not permitted on the premises

12. Termination: Conditions and procedures for terminating the tenancy

13. Electronic Transaction Consent: Consent to electronic execution and delivery of the agreement

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

What sections are optional to include in a Online Tenancy Agreement?

1. Renovation and Alterations: Terms regarding property modifications, used when renovations or alterations are permitted

2. Subletting: Terms regarding subletting rights, included when subletting might be permitted

3. Pet Policy: Rules regarding keeping pets, included when pets are allowed or specifically prohibited

4. Insurance Requirements: Specific insurance obligations, included when either party must maintain certain insurance

5. Shared Facilities: Rules for common areas and facilities, included for properties with shared amenities

6. Special Conditions: Any unique terms specific to the property or arrangement

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

What schedules should be included in a Online Tenancy Agreement?

1. Schedule 1 - Inventory List: Detailed inventory of furnishings and fixtures provided with the property

2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of tenancy

3. Schedule 3 - House Rules: Specific rules and regulations for the property or building

4. Schedule 4 - Utility Reading Records: Initial utility meter readings at handover

5. Appendix A - Photos: Photographic evidence of property condition

6. Appendix B - Floor Plan: Layout and measurements of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Online Agreement

Cost

Free to use

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