The Private Residential Tenancy Agreement is a fundamental legal document used in Malaysia for establishing formal rental arrangements between property owners and tenants for residential properties. This document is essential for compliance with Malaysian property law and ensures both parties have clear understanding of their rights and obligations. It includes critical information such as rental terms, payment schedules, maintenance responsibilities, and conditions for security deposit handling. The agreement must conform to various Malaysian legislation including the Contracts Act 1950, National Land Code 1965, and Stamp Act 1949, making it a legally binding and enforceable document. It serves as a crucial tool for property management and dispute prevention in the Malaysian residential rental market.
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1. Parties: Identification and details of the landlord and tenant, including full names, identification numbers, and addresses
2. Background: Brief context of the agreement 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 specific inclusions
5. Term and Possession: Duration of tenancy, commencement date, and possession details
6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and deposit requirements
7. Utility Charges: Responsibilities for utility payments and arrangements
8. Use of Premises: Permitted use of the property and any restrictions
9. Tenant's Obligations: Comprehensive list of tenant responsibilities and covenants
10. Landlord's Obligations: Comprehensive list of landlord responsibilities and covenants
11. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures
12. Insurance: Insurance requirements and responsibilities
13. Default and Remedies: Consequences of breach and available remedies
14. Termination: Conditions and procedures for termination of the tenancy
15. Notices: Process for serving notices between parties
16. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Special Conditions for Strata Property: Additional terms for properties in strata developments, including compliance with management rules
2. Renovation and Alterations: Terms regarding permitted modifications to the property, if allowed
3. Subletting and Assignment: Terms regarding subletting rights, if permitted
4. Pet Policy: Special conditions for keeping pets, if relevant
5. Diplomatic Clause: Early termination rights for expatriate tenants, if applicable
6. Option to Renew: Terms for lease renewal, if offered
7. Special Covid-19 Provisions: Specific terms relating to pandemic circumstances, if required
8. Green Lease Provisions: Environmental and sustainability requirements, if relevant
1. Schedule 1 - Inventory List: Detailed inventory of furniture, fixtures, and fittings 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 for the property or development
4. Schedule 4 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities
5. Appendix A - Photos of Property: Photographic evidence of property condition at commencement
6. Appendix B - Utilities Reading: Initial meter readings for utilities at commencement
7. Appendix C - Building By-Laws: Copy of relevant building or development by-laws if applicable
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