Can you add a partner or colleague to your rental contract?
Yes — with your landlord's written consent, by deed of variation or a fresh TA stamped within 30 days. This guide covers the legal route, stamp duty on the amended TA, and how SPEEDHOME's managed-tenancy process handles co-tenant additions. A co-tenant is named on the TA and jointly liable for rent and breaches; a housemate is not on the TA and carries lighter liability — see housemate agreements in Malaysia if you only need a lighter occupancy arrangement. For the full breakdown of TA fees, see tenancy agreement charges in Malaysia.
Can a colleague or non-family member be added as a co-tenant in Malaysia?
Yes — there is no legal restriction on who can be named as a co-tenant. It is a commercial decision for the landlord, and some landlords will ask for additional vetting, a higher deposit, or a deed of guarantee from the incoming party. Agree on terms before signing any variation.
What to do first: the 5-step co-tenant sequence
Use this ordered checklist before you sign anything. It mirrors the SPEEDHOME A2 Activation flow.
- Confirm landlord consent in writing — email or message is fine as evidence; the TA's consent clause governs the process.
- Choose deed of variation vs fresh TA — variation continues the existing term (cheaper); fresh TA restarts duty on the new term (cleaner record).
- Calculate stamp duty — annual rent ÷ RM250 × the Finance Act 2024 band rate (see worked example below).
- Stamp on e-Duti Setem within 30 days of execution at mytax.hasil.gov.my; late stamping triggers the RM50/10% or RM100/20% penalty.
- Keep the stamped copy — only one stamped original is required; additional stamped copies cost RM10 each and the unstamped instrument is inadmissible in court.
The co-tenant stamp duty calculator
Stamp duty on a co-tenant amendment is computed on the new or varied TA's annual rent using the Finance Act 2024 RM1 / RM3 / RM5 / RM7 per RM250 bands by lease duration. The calculator below applies that scale; minimum duty is RM10 per instrument.
Use this to estimate stamp duty if your landlord issues a new or varied tenancy agreement to add a co-tenant.
Stamp duty is assessed on the annual rent stated in the (new or varied) tenancy agreement, using the Finance Act 2024 scale. The RM2,400 annual-rent exemption was removed in January 2025 — duty applies from the first ringgit.
Worked example: what adding a co-tenant costs
Stamp duty on an amended TA depends on annual rent and duration, not on the names added — annual rent ÷ RM250 × the band rate. A RM2,000/month, 2-year tenancy amended to add one co-tenant triggers RM288 in duty.
The table below shows stamp duty on a new or varied TA across common monthly rent levels. "Deed of variation" legal/admin fees are not a fixed amount — expect to negotiate with the solicitor or ask SPEEDHOME directly. As a working ballpark, solicitor fees for a straightforward deed of variation commonly run RM300–800; some landlords absorb the cost, others pass it to the incoming tenant. Confirm in writing before signing.
| Monthly rent (RM) | Annual rent (RM) | Duration | Rate (Finance Act 2024) | Stamp duty |
|---|---|---|---|---|
| 1,000 | 12,000 | ≤1 year | RM1 per RM250 | RM48 |
| 1,500 | 18,000 | 1–3 years | RM3 per RM250 | RM216 |
| 2,000 | 24,000 | 1–3 years | RM3 per RM250 | RM288 |
| 2,500 | 30,000 | 1–3 years | RM3 per RM250 | RM360 |
| 3,000 | 36,000 | 1–3 years | RM3 per RM250 | RM432 |
| 2,000 | 24,000 | 3–5 years | RM5 per RM250 | RM480 |
| 3,000 | 36,000 | 3–5 years | RM5 per RM250 | RM720 |
Minimum duty: RM10 per instrument. Additional stamped copies: RM10 each. Source: Finance Act 2024. Stamp via e-Duti Setem at mytax.hasil.gov.my.
How it's calculated — and what the law actually says
Stamp duty on a tenancy instrument follows the Finance Act 2024 scale: RM1 / RM3 / RM5 / RM7 per RM250 of annual rent, by lease duration. The former RM2,400 annual-rent exemption was removed from January 2025.
The Finance Act 2024 rate bands
| Tenancy duration | Rate per RM250 annual rent | Pre-2025 rate |
|---|---|---|
| 1 year or less | RM1 | RM1 |
| Over 1 year to 3 years | RM3 | RM2 |
| Over 3 years to 5 years | RM5 | RM4 |
| Over 5 years | RM7 | RM4 |
RM2,400 exemption removed January 2025. Duty applies to the full annual rent from ringgit one. Source: Finance Act 2024; mytax.hasil.gov.my.
What triggers stamp duty when adding a co-tenant
Stamp duty is triggered by the deed of variation or fresh TA itself, not by adding a name. Either instrument must be submitted via e-Duti Setem within 30 days of execution; late stamping carries a RM50/10% penalty inside 3 months and RM100/20% after, and the unstamped instrument is inadmissible in court.
Adding a co-tenant typically requires one of:
- A deed of variation — an addendum to the existing TA naming the new party. This is itself a stampable instrument.
- A fresh tenancy agreement — landlord terminates the existing TA and issues a new one naming both tenants. Full stamp duty applies to the new instrument based on the remaining or new term.
Either way, the amended or new instrument must be submitted via e-Duti Setem on MyTax (mytax.hasil.gov.my) within 30 days of execution. The STAMPS portal was decommissioned on 31 December 2025.
Late stamping attracts a penalty: RM50 or 10% of the duty (whichever is higher) if stamped within 3 months late; RM100 or 20% if more than 3 months late. An unstamped instrument cannot be used as evidence in court until duty and penalties are paid.
Who needs to consent — and who legally must sign
Both the landlord and all existing tenants on the agreement must consent in writing; the new co-tenant must sign the deed of variation, and the landlord's refusal must not be unreasonable under the existing TA's consent clause.
Your landlord's written consent is required before adding any co-tenant. Adding a party changes the contract and requires mutual agreement under the Contracts Act 1950, even where the existing TA does not name an occupancy clause.
Malaysia has no Residential Tenancy Act in force as of 2026 — the proposed RTA remains a draft Bill not yet tabled in Parliament — so there is no statutory right to add a co-tenant without consent.
The deposit question
No statutory cap exists; landlords commonly ask for a top-up to reflect the extra occupancy risk, but any increase must be agreed in writing and the landlord's right to retain is limited to proven loss under Contracts Act 1950 s.74.
Adding a co-tenant often prompts a landlord to ask for a top-up deposit to reflect increased occupancy risk. Malaysia has no statutory deposit cap; deposits are governed by the TA and a landlord's right to retain is limited to proven loss under general contract law (Contracts Act 1950 s.74). Negotiate the amount before signing the varied agreement.
Joint liability when a co-tenant leaves mid-tenancy
Adding a co-tenant generally makes both parties jointly and severally liable for the full rent and any breach, unless the deed of variation states otherwise. If one co-tenant leaves, the remaining tenant usually stays on the hook for the whole amount until the TA ends or a fresh variation is signed.
This is the most common unasked question: who pays if the new co-tenant walks out after three months? Under the default reading of a joint tenancy, the landlord can pursue either named tenant for 100% of the rent or any proven damage — splitting rent between the two is a private matter, not a landlord-protection. Get it in writing in the deed of variation if you want different terms (e.g. several, not joint, liability; or a stated exit clause for the incoming party).
SPEEDHOME managed tenancies
On SPEEDHOME-managed units the variation is handled in-platform — re-screening the incoming co-tenant, drafting the deed of variation, queuing the re-stamping on e-Duti Setem. The landlord signs off inside the tenant app, usually within a few working days. The incoming co-tenant is re-screened through the same Experian-backed credit, income, and behavioural assessment used at sign-up, then approved before any amendment is issued.
On SPEEDHOME, tenancies are held with SPEEDHOME PROPERTY SDN. BHD. (Registration No. 202601021813 (1683910-A)) as the Master Tenant. Adding a co-tenant on a SPEEDHOME-managed unit requires approval from SPEEDHOME before any amendment is issued — the process is handled in-platform.
FAQ
Can I add a roommate without telling my landlord? An unnamed occupant who isn't on the agreement may constitute a breach, giving the landlord grounds to terminate. Always obtain written consent and amend the TA formally.
Does adding a co-tenant reset the tenancy period? Only a fresh TA resets the period. A deed of variation typically continues the existing term — but if a new TA is drawn, stamp duty applies to the full new term and annual rent.
Who pays stamp duty on the varied tenancy agreement — landlord or tenant? By convention, the tenant pays — but it is negotiable. The Stamp Act assigns liability to whoever the TA names as responsible, or the person who executes the instrument. Neither party is fixed by statute; agree in writing before execution.
What is e-Duti Setem and where do I access it? e-Duti Setem is LHDN's online stamp assessment and payment system, accessed at mytax.hasil.gov.my. It replaced the STAMPS portal from January 2026. Both landlord and tenant can initiate stamping; only one stamped original is needed, with additional copies at RM10 each.
Can a colleague (non-family member) be added as a co-tenant? Yes — there is no legal restriction on who can be named as a co-tenant. It is a commercial decision for the landlord. Some landlords will ask for additional vetting, a higher deposit, or a deed of guarantee from the incoming party. Agree on terms before signing any variation.
What happens if the co-tenant wants to leave before the TA ends? This is a contract matter between all named parties and the landlord. A co-tenant's removal typically requires another variation or a fresh agreement. Neither party can unilaterally rewrite the TA. If the remaining tenant takes on sole liability, ensure the varied agreement reflects this and is stamped.