Before you sign a Malaysian tenancy agreement, check five things: the stamp duty owed, the deposit terms, who is the contracting party, what the maintenance rules say, and whether the TA contains a holdover clause. Most signing problems — surprise costs, disputed deposits, and illegal eviction attempts — trace back to a clause that was there all along and went unread.
Use the stamp duty calculator below to confirm exactly what you owe before execution, then work through the pre-signing checklist.
Calculate your stamp duty first
Stamp duty is due on every tenancy agreement instrument, regardless of rent level. The Finance Act 2024 removed the former RM2,400 annual-rent exemption from January 2025 — full annual rent is now taxable from the first ringgit. Since January 2026, stamping is done via e-Duti Setem on MyTax (mytax.hasil.gov.my) — the old STAMPS portal is decommissioned.
What does stamp duty actually cost?
Stamp duty follows a four-band scale set by the Finance Act 2024: RM1 / RM3 / RM5 / RM7 per RM250 of annual rent, depending on tenancy duration. The RM2,400 annual-rent exemption was removed in January 2025.
| Tenancy duration | Rate (Finance Act 2024, from Jan 2025) | Old rate (pre-Jan 2025) |
|---|---|---|
| 1 year or less | RM1 per RM250 of annual rent | RM1 per RM250 |
| Over 1 year to 3 years | RM3 per RM250 of annual rent | RM2 per RM250 |
| Over 3 years to 5 years | RM5 per RM250 of annual rent | RM4 per RM250 |
| Over 5 years | RM7 per RM250 of annual rent | RM4 per RM250 |
Source: Finance Act 2024. Full annual rent is taxable — no exemption applies. RM10 fee per additional stamped copy. Minimum duty: RM10.
Worked example — RM2,000/month, 1-year TA: Annual rent = RM2,000 × 12 = RM24,000. Duty = (RM24,000 ÷ 250) × RM1 = RM96. One additional copy = RM10. Total for two stamped originals = RM106.
Who pays? By convention (not statute), the tenant pays stamp duty when the tenancy agreement is silent. The parties may agree otherwise — confirm in writing before signing.
Late stamping penalty (from 2025): RM50 or 10% of the deficient duty, whichever is higher (if late by up to 3 months); RM100 or 20%, whichever is higher (if late by more than 3 months). An unstamped instrument cannot be admitted as evidence in court until the duty and penalty are paid.
How the calculation works
Annual rent ÷ 250, rounded up to the nearest whole number, multiplied by the rate for your tenancy duration. No portion of annual rent is exempt under current law.
The formula has three steps:
- Annual rent — multiply your monthly rent by 12. For a rent-free period, confirm with the stamping authority whether the contractual annual rent or the actual rent paid applies.
- Divide by 250 — this gives the number of RM250 units in the annual rent, rounded up.
- Multiply by the rate — use the table above; the rate is fixed by tenancy duration, not rent level.
The Finance Act 2024 changed two things simultaneously: it removed the RM2,400 exemption and it raised the rates for leases over one year. If you are comparing quotes from calculators or advisers, confirm they are using the post-January-2025 scale — the majority of stale guides online still show the removed RM1/RM2/RM4 structure or subtract RM2,400 before computing duty.
Stamping must be done within 30 days of the date the tenancy agreement is executed (signed). Use e-Duti Setem on MyTax; do not attempt the decommissioned STAMPS portal. For a step-by-step walkthrough of the online process, see the guide on how to stamp your tenancy agreement online.
Five things to confirm before you sign
Beyond stamp duty, the five clauses most likely to cause a dispute after signing are the deposit terms, the contracting party, the maintenance split, the notice period, and any holdover provision.
1. Deposit terms — amount and return conditions
Malaysia has no statutory cap on the cash deposit a landlord may collect. The tenancy agreement governs both the amount and the conditions for return. Before signing, confirm: the exact total cash outlay (security deposit + utility deposit + any advance rent); the return timeline; and the specific conditions under which the landlord may make deductions. A landlord's right to withhold is limited to proven loss under the Contracts Act 1950 — but a poorly worded TA can blur this in practice.
2. The contracting party
The entity named on your tenancy agreement matters. On a SPEEDHOME-managed tenancy, the contracting party is SPEEDHOME PROPERTY SDN. BHD. (Registration No. 202601021813 (1683910-A)), which acts as Master Tenant. SPEEDRENT TECHNOLOGY SDN. BHD. is the platform operator and is not a party to the tenancy document. Confirm the registered name and number on any agreement before signing.
3. Maintenance and repair split
Standard Malaysian TAs assign minor repairs (often defined by a RM figure threshold) to the tenant and structural or major repairs to the landlord. Confirm the threshold, who calls the repairperson, and the response timeline. A TA without a repair clause leaves both sides exposed.
4. Notice period and early termination
The notice period to end a periodic tenancy or terminate early is a TA clause, not a statutory requirement. Confirm: the notice period for both sides, any penalty for early termination, and whether the landlord may terminate early and on what grounds.
5. Holdover clause
If you stay beyond the end of the tenancy without a new agreement, the landlord may claim double rent for the overstay period under section 28(4)(a) of the Civil Law Act 1956 — this is a statutory right the landlord may elect to exercise, and it is not conditional on a TA clause. Confirm whether your TA has a holdover provision and what it says.
| Pre-signing checklist | What to check | Why it matters |
|---|---|---|
| Stamp duty amount | Use the calculator above before signing | Avoids surprise post-signing cost; tenant usually pays |
| Deposit total | Sum security + utility + any advance rent | No statutory cap; governs your cash outlay |
| Contracting party name + reg no. | Matches the signing entity | Wrong entity = enforcement problem |
| Maintenance threshold | RM figure in the TA | Avoids repair disputes |
| Notice period | Both-way notice + early-exit penalty | Governs your exit without penalty |
| Holdover clause | Presence or absence | Double-rent risk if you overstay |
FAQ
Is it compulsory to stamp a tenancy agreement in Malaysia? Yes. Every tenancy agreement is a stampable instrument under the Stamp Act 1949. Stamping is not optional — an unstamped agreement cannot be used as evidence in court until the duty and any penalty are paid. The deadline is 30 days from the date of execution.
What happened to the RM2,400 stamp duty exemption? The Finance Act 2024 removed the RM2,400 annual-rent exemption with effect from January 2025. Full annual rent is taxable from the first ringgit. Any calculator or guide that still subtracts RM2,400 before computing duty is using the old rules and will understate your liability.
Can the landlord keep my deposit if I leave early? A landlord's right to retain the deposit is limited to proven loss under the Contracts Act 1950, not an automatic forfeiture. However, the TA may include an early-termination clause that specifies a penalty or forfeiture. Read the early-exit terms before signing — and confirm the conditions are specific, not open-ended.
Does Malaysia have a law that protects tenants from sudden eviction? Malaysia has no Residential Tenancy Act in force as of 2026. Residential tenancies are governed by the tenancy agreement and general law. A landlord cannot lawfully evict by self-help — changing locks, removing doors, or cutting utilities is unlawful under the Specific Relief Act 1950 s.7(2). Recovery of possession must go through the courts.
What is Zero Deposit and does every rental qualify? Zero Deposit is a managed rental-risk system, not a financial guarantee product. It replaces the upfront cash deposit; in the rare case of severe end-of-tenancy damage the recoverable amount can be limited, so it is not a blanket guarantee. Not every unit listed on SPEEDHOME qualifies — eligibility is shown on the individual listing. Browse zero-deposit listings to see which units are available.
Where do I go if there is a dispute over the deposit after the tenancy ends? Malaysia has no dedicated residential tenancy tribunal. A deposit dispute is a private contract matter decided in the civil courts. Claims up to RM5,000 can use the Magistrates' Court small-claims procedure (no lawyer required). Larger claims go to the Magistrates' or Sessions Court. The Tribunal for Consumer Claims does not hear private residential tenancy deposit disputes.