Last reviewed: 2026-06
Preparing a Tenancy Agreement in Malaysia: What You Need to Know
A valid Malaysian tenancy agreement needs eight core clauses, must be signed by both parties, and stamped via e-Duti Setem on MyTax within 30 days of signing. An unstamped agreement can be inadmissible as evidence in court, so the stamping step is not optional.
Before deciding, cross-check What to Include in a Tenancy Agreement Malaysia (2026 Checklist + Stamp Duty) so you can check the clauses that must be agreed before names are added or keys are handed over.
A tenancy agreement is the single document that defines rights, responsibilities, and remedies for the entire rental period. When a deposit dispute, repair conflict, or holdover issue arises, the agreement is the first thing any Malaysian magistrate or Sessions Court judge will read. Most first-time landlords either reuse an outdated template or skip the stamping step entirely — both leave them exposed. SPEEDHOME landlords receive a standard tenancy agreement that already covers deposit, repairs, and move-in / move-out procedure; this guide is for the landlord or tenant who is preparing one themselves.
Eight Clauses Every Tenancy Agreement Must Contain
A defensible tenancy agreement names both parties with full ID details, identifies the property, states the tenancy term, rent and deposit amounts, payment mechanics, repair responsibility split, sublet and pet rules, and the notice required to terminate. Missing any one of these weakens your position if the matter ends in court.
Follow the checks in Tenancy Agreement Charges Malaysia 2026: Stamp Duty & Fees to separate stamp duty, drafting charges, deposits and other signing costs.
| Clause | What to state |
|---|---|
| Parties | Full legal name, IC number, correspondence address for both landlord and tenant |
| Property | Full address of the unit being rented (lot, floor, building) |
| Tenancy term | Start date, end date, renewal option |
| Monthly rent | RM amount, due date, accepted payment method (bank transfer, card) |
| Deposit | Amount (typically 2 months' rent as security + 1 month for utilities), refund conditions |
| Repair responsibility | Which defects the landlord fixes vs which the tenant maintains |
| Sublet and pet policy | Permitted or prohibited, and any conditions attached |
| Termination notice | Notice period required (typically 2 months) |
| Holdover / double rent | Tenant staying past the end date pays double rent under Civil Law Act 1956 s.28(4) |
The holdover clause is worth highlighting. Under Civil Law Act 1956 s.28(4), a landlord may claim double rent from a tenant who remains in occupation after the tenancy ends, but the right is only automatic if the landlord elects to charge it. Spelling it out inside the agreement removes ambiguity at the point of dispute.
Deposit Clauses: Where Most Disputes Begin
Deposit is conventionally 2 months' rent as security plus 1 month as utilities deposit. The agreement must state the amount, the refund timeline after checkout, and a written definition of damage (tenant's responsibility) versus fair wear and tear (landlord's cost). Without these, a deposit claim becomes a swearing match.
Malaysia has no statutory cap on residential tenancy deposit — the amount and refund conditions are set by the agreement and general contract law. The most common dispute trigger is an undefined deduction: a landlord deducts for cleaning or scuffs that the tenant considers fair wear. The remedy is documentation at move-in: a written, signed check-in inspection report with time-stamped photographs. See our guide on how to claim back a deposit that is not refunded in Malaysia for the procedure after the tenancy ends.
Stamping the Tenancy Agreement Online (e-Duti Setem, 2026)
Stamping is done through e-Duti Setem on MyTax at mytax.hasil.gov.my within 30 days of both parties signing. The Finance Act 2024 rate is RM1, RM3, RM5, or RM7 per RM250 of annual rent depending on lease duration. The former RM2,400 annual-rent exemption was removed from January 2025 — duty is calculated from the first ringgit.
The old STAMPS portal was decommissioned on 31 December 2025. From January 2026, all tenancy-agreement stamping is processed through e-Duti Setem on MyTax. Any older guide that points to STAMPS or "MyStamp" is showing a dead workflow.
2026 Stamp Duty Calculator (Finance Act 2024)
Tenancy Agreement Stamp Duty Calculator
Enter the monthly rent to calculate stamp duty.
Enter your monthly rent and lease duration to compute the exact duty.
| Tenancy duration | Rate per RM250 of annual rent | Old rate (before Jan 2025) |
|---|---|---|
| 1 year or less | RM1 | RM1 |
| More than 1 year, up to 3 years | RM3 | RM2 |
| More than 3 years, up to 5 years | RM5 | RM4 |
| More than 5 years | RM7 | RM4 |
Source: Finance Act 2024. RM2,400 annual-rent exemption removed from January 2025 — duty calculated from the first ringgit.
Worked example: RM1,500/month rent, 2-year tenancy. Annual rent = RM18,000. RM18,000 ÷ RM250 = 72 (rounded up). 72 × RM3 = RM216 stamp duty. A second stamped copy adds a flat RM10.
Late-stamping penalties: - Less than 3 months late: RM50 or 10% of the deficient duty, whichever is higher - More than 3 months late: RM100 or 20% of the deficient duty, whichever is higher
An agreement that is never stamped remains usable between the parties but may be inadmissible as evidence in court until the duty and any penalty are paid. For the full penalty schedule, see our guide on the penalty for renting out without a stamped tenancy agreement. For the screen-by-screen MyTax walkthrough, see how to stamp a tenancy agreement at LHDN e-Duti Setem 2026.
Five Mistakes That Invalidate the Agreement
The five recurring mistakes are: (1) using a template written before Finance Act 2024, (2) skipping the move-in inspection, (3) relying on a verbal agreement with no written document, (4) signing without reading all clauses, and (5) stamping more than 30 days after signing.
| Mistake | Real risk | How to avoid |
|---|---|---|
| Outdated template | Stamp duty figure or deposit clause conflicts with current law | Refresh the template against 2026 rates before signing |
| No move-in inspection | No baseline proof of condition — deposit dispute at checkout | Time-stamped photos + signed checklist at handover |
| Verbal-only agreement | Almost impossible to enforce — extremely weak position | Written agreement is mandatory for any term over the rental cycle |
| Signing unread | Surprise obligations that both parties already agreed to | Allow 20 minutes for a full read-through before signing |
| Late stamping | Penalty up to 20% of duty + weaker court position | Stamp within 30 days of both signatures |
Pre-Action Checklist for Landlords and Tenants
Before taking any action over a tenancy issue — whether you are the landlord or the tenant — establish what is already in writing first. A clean written record separates a misunderstanding, a contractual obligation, and an issue that needs formal escalation.
For landlords, focus on: - Written evidence (tenancy agreement, notices served, payment records) - Photographs of the unit's condition at move-in and move-out - A communication log (messages or emails, not verbal-only exchanges) - A correct notice procedure that does not coerce or self-help
For tenants, focus on: - Clear rent-payment status (receipts or bank records) - The unit's condition at move-in — what the agreement already covers - Move-in / move-out documents signed by both parties
Avoid actions such as threats, locking the tenant out, disconnecting water or electricity, or disposing of either party's belongings — these worsen any dispute and undermine your legal position. The correct path is written notice and, if needed, civil action through the courts.
If the tenancy is managed through SPEEDHOME, use SPEEDHOME platform records — photos, messages, maintenance tickets, and tenancy documents — as the primary reference. This produces a cleaner timeline if any payment, repair, deposit, or dispute issue arises.
How SPEEDHOME Prepares the Tenancy Agreement for Landlords
SPEEDHOME provides a standard tenancy agreement that already covers deposit, repair, and move-in / move-out clauses — landlords do not draft from scratch. The agreement is administered by SPEEDHOME PROPERTY SDN. BHD. (Registration No. 202601021813 (1683910-A)) acting as Master Tenant.
For landlords who want to reduce day-to-day rental management — tenant screening, agreement drafting, rent collection, and maintenance-ticket handling — visit SPEEDHOME's managed landlord service to see the available plans.
SPEEDHOME Zero Deposit is a managed rental-risk system, not an insurance product or a financial guarantee product. It replaces the upfront cash deposit; in cases of severe damage at the end of the tenancy, the recoverable amount may be limited, and not every unit qualifies. Check the listing for current eligibility.
FAQ — Frequently Asked Questions About Preparing a Tenancy Agreement in Malaysia
How much is stamp duty on a tenancy agreement in Malaysia?
Stamp duty is calculated under Finance Act 2024 at RM1, RM3, RM5, or RM7 per RM250 of annual rent depending on the lease duration. The RM2,400 annual-rent exemption was removed from January 2025 — duty applies from the first ringgit of annual rent. Example: RM2,000/month rent on a 1-year lease = RM2,000 × 12 ÷ RM250 × RM1 = RM96. Minimum duty is RM10 per stamped copy.
Can I use an unstamped tenancy agreement?
Technically yes between the parties, but an unstamped agreement may be inadmissible as evidence in court until the duty and any applicable penalty are paid. This weakens your position in any subsequent dispute. The cost of stamping is almost always lower than the cost of losing a court claim over an unstamped document.
Who pays the stamp duty — landlord or tenant?
The tenancy agreement decides. If the agreement is silent, the convention in Malaysia is that the tenant bears the stamp duty — but this is negotiable and should be written into the signed agreement to avoid a later argument over who settles the bill.
What happens if the tenant does not move out after the contract ends?
The landlord may claim double rent for the period the tenant remains in occupation after the tenancy ends, under Civil Law Act 1956 s.28(4) — but the landlord must actively elect to charge it. Putting a double-rent clause in the agreement strengthens the position. Self-help actions such as locking the tenant out or disconnecting utilities are illegal and can defeat the landlord's own claim.
Where do I stamp a tenancy agreement online in Malaysia?
From January 2026, all tenancy-agreement stamping is done through e-Duti Setem on MyTax at mytax.hasil.gov.my. The legacy STAMPS portal was decommissioned on 31 December 2025. You need a MyTax account and the agreement details to complete the self-assessment.
Does Malaysia have a special tribunal for tenancy disputes?
No. Malaysia has no dedicated Residential Tenancy Act in force — tenancy disputes are private contractual matters heard in the ordinary civil courts. Claims up to RM5,000 can use the Magistrates' small-claims procedure (no lawyer required); larger claims go to the Magistrates' Court or Sessions Court depending on the amount.