TENANCY AGREEMENT IN MALAYSIA
In order to ensure that everything is accounted for and discussed prior to the start of the tenancy duration, ensure that these details are included in the agreement and that you agree to it as a tenant:-
1. Monthly rental
The Control of Rent Act 1966 [Act 363] was abolished in the year 2000, so rents can usually be negotiated freely.
However, most landlords would already have a set amount of monthly rental that tenants comply with, so it's best to check if both parties are on the same page. The agreement must also include a set date on when the rent should be paid monthly.
2. Security deposit
The security deposit is used to cover any damages to the property or any of the furniture provided by the landlord that caused by the tenant during the tenancy period. The deposit may be forfeited if the tenancy comes to an end before the agreed actual end-date.
3. Mode of payment for monthly rental
Rent is commonly paid via online bank transfers for hassle-free monthly transaction. However, as a tenant, make sure that you receive the receipts for each month's rental payment in a timely manner.
4. Details of the landlord and tenant
The tenancy agreement must include the full name, IC/passport number, and address of both parties for references. It is important for both parties to know these details should any problem arise with the tenancy.
5. Tenancy commencement and end date
The tenancy commencement date is basically the date that the tenant is given the keys to the property and he/she moves in. The tenant has to move out on the set end date of the tenancy duration.
6. Any other special conditions required by the landlord
This can be anything from a 'no pets' rental policy, a limit on the number of people allowed to live in the house, parking areas, to indicating whether or not the tenant can smoke in or near the property.
WHAT SHOULD LANDLORD DO IF RENT PAYMENT OVERDUE
It is unlawful/illegal for property owners/landlord to evict their tenants or recover possession of the property/house/room without a court order under Section 7(2) of the Specific Relief Act 1950.
Section 7(2) of the Specific Relief Act 1950 stated that:-
“...where a specific immovable property has been let under a tenancy, and that tenancy is determined or has come to an end, but the occupier continues to remain in occupation of the property or part thereof, the person entitled to the possession of the property shall not enforce his right to recover his right to recover it against the occupier otherwise than by proceedings in the court...”
As such, the landlord is prohibited from resorting to changing the locks or kicking out the tenants without the necessary court documents. Should they do so, they can be sued for trespassing by their tenants.
The landlord needs to go for proper legal proceedings in dealings with tenants who did not pay rent accordingly.
The landlord shall first give the tenant a notice of demand to pay the rent. If the tenant still fails to settle the arrears and/or make any payment of the monthly rent as agreed on the tenancy agreement, the landlord can then serve the tenant with a notice of termination of rent and file a suit against the tenant claiming the arrears of rent to for a court order for the tenant to vacate the property. As a tenant, make sure that you make the monthly rental payments on time and should you have any problems with the rent, contact your landlord immediately and speak to them about it.