What must be in a Malaysian tenancy agreement?
A Malaysian tenancy agreement protects you only on the day something goes wrong, so it must spell out the parties, property, rent, deposit, notice period, maintenance and utility split, inventory list, and dispute path. There is no Residential Tenancy Act in force in 2026, so the written agreement is the law between you and the landlord — read it clause by clause before you sign or pay anything.
Most tenants lose money on the same five gaps: an unclear notice period, a "two months' deposit, refundable" line that does not say when, a maintenance clause that pushes everything onto the tenant, a missing inventory list, and no dispute path beyond "talk nicely". This guide walks through the perkara wajib (mandatory items) every Malaysian tenancy agreement should carry, with the stamp-duty figure you must settle before move-in.
Before you sign anything, scan the SPEEDHOME rental listings for current rent, deposit treatment and Zero Deposit eligibility in your target area. Do not rely on forwarded screenshots, social-media listing channels or unverified agents.
Tenancy Agreement Checklist (2026)
Tick every row before signing. Each row is a clause the agreement should carry in plain words, with the named responsible party and a concrete number — not "TBD" or "to be agreed later".
| # | Mandatory item | What to confirm in writing | Who it protects |
|---|---|---|---|
| 1 | Parties (landlord & tenant) | Full legal name, IC/passport number, contact, address | Both — proves who signed |
| 2 | Property address | Full address, unit number, parcel/accessory lot where strata | Both — fixes the subject |
| 3 | Tenancy duration | Start date, end date, fixed-term or periodic, renewal mechanic | Both — sets exit and rent clock |
| 4 | Monthly rent and due date | RM amount, day of month, payment method, late fee (if any) | Tenant — stops surprise late fees |
| 5 | Deposit quantum and refund rule | Exact months (commonly 2), refund timeline, allowable deductions | Tenant — decides whether cash comes back |
| 6 | Notice period by both sides | Written months (commonly 1 or 2), how notice is served, start rule | Both — covers exit |
| 7 | Maintenance split | Structural vs appliance vs tenant-caused damage, aircond service vs repair, plumbing, electrical | Both — stops "all on tenant" clauses |
| 8 | Utilities (TNB, water, internet, gas) | Who pays consumption, whether accounts transfer to tenant's name, settlement at exit | Tenant — stops back-charges |
| 9 | Inventory list (handover evidence) | Dated, two-sided, photos of every room/appliance/meter/keys | Both — single biggest evidence in a dispute |
| 10 | Stamp duty and legal/drafting fee | Who pays, who administers e-Duti Setem stamping, RM10 per extra copy | Both — keeps the TA admissible in court |
| 11 | Dispute path | Written demand first, then civil court by claim amount; no self-help | Both — replaces "talk nicely" with a real route |
| 12 | Subletting, pets, renovation rules | Written consent mechanic, JMB by-law acknowledgement | Both — fixes the everyday grey zones |
If a row reads "TBD" or "subject to landlord's discretion", ask for it in writing before you sign. An ambiguous clause almost always favours the drafter at exit.
Stamp duty on the agreement — Finance Act 2024
Tenancy-agreement stamp duty follows the Finance Act 2024 scale of RM1 / RM3 / RM5 / RM7 per RM250 of annual rent by lease duration. The former RM2,400 annual-rent exemption was removed in January 2025; since January 2026 stamping is done via e-Duti Setem on MyTax (mytax.hasil.gov.my), which replaced the STAMPS portal.
| Tenancy duration | Stamp duty (Finance Act 2024, from Jan 2025) |
|---|---|
| 1 year or less | RM1 per RM250 of annual rent |
| Over 1 year, up to 3 years | RM3 per RM250 |
| Over 3 years, up to 5 years | RM5 per RM250 |
| Over 5 years | RM7 per RM250 |
Each additional stamped copy: flat RM10. Minimum stamp duty: RM10. Stamp within 30 days of signing via e-Duti Setem on MyTax.
A RM1,500/month one-year tenancy costs RM72 to stamp; a 1–3 year lease at the same rent costs RM216. The figure is small compared to what an unstamped tenancy agreement costs you if a tenant stops paying — an unstamped TA is not admissible as evidence in court until the duty and any penalty are paid. Use the stamp duty calculator for the exact figure on your rent and duration.
Deposit, maintenance and utilities — the everyday friction
Malaysia has no statutory cap on the residential rent deposit, and a landlord's right to retain is limited to proven loss. Stamp the deposit treatment, maintenance split and utility responsibility into the agreement before you pay the booking fee — fixing them after signing is almost impossible.
- Deposit — exact months (commonly 2 plus 1 month advance rent and a half-month utility deposit); refund within an agreed number of days after handover, less agreed deductions; deductions limited to damage beyond fair wear and tear and unpaid utilities. Stamp the refund timeline in days, not "as soon as possible".
- Maintenance — landlord: roof leaks, structural cracks, major damp, building envelope, appliance failure under fair wear and tear. Tenant: damage they caused, fair wear and tear is the landlord's cost. Refuse any clause that hands "all maintenance" to the tenant.
- Utilities — tenant pays consumption from the handover reading; confirm whether TNB, Air Selangor / SAJ / IWK, internet and gas accounts transfer into the tenant's name during the tenancy. Confirm pre-handover meter readings so the prior tenant's bill does not chase you after you leave.
- Access — landlord needs reasonable notice (commonly 24–48 hours) except in emergencies. Refuse "anytime access" or "landlord may enter to show the unit with no notice".
Zero Deposit is SPEEDHOME's managed rental-risk system — not a financial guarantee product — that replaces the upfront cash deposit, so tenants move in without tying up cash while landlords stay protected through rental protection instead of holding a deposit. For severe end-of-tenancy damage beyond fair wear and tear, the standard protection claims process applies. Not every unit in every building qualifies; eligibility is confirmed per listing, not per building or area.
Inventory list and handover evidence — the underused clause
The single most important evidence in a deposit dispute is the dated, two-sided inventory list signed at handover. Without it, the landlord's word usually beats yours on what was already damaged before you moved in.
| Handover evidence | Why it matters | Minimum to keep |
|---|---|---|
| Dated photos of every room, appliance, wall, floor and fitting | Proves pre-existing condition | Stored in cloud, not just phone |
| Inventory list signed by both parties | Lists every item and its condition | One copy each, plus one for SPEEDHOME if managed |
| Meter readings (TNB, water) | Stops back-charges for prior tenant's bills | Photo of the meter on move-in day |
| Keys, access card, parking bay count | Avoids "missing key" deductions at exit | Counted and listed, two-sided sign |
| Forwarding address and bank details | Needed for deposit refund | Written into the agreement, not chat |
SPEEDHOME-managed listings put this evidence into a structured handover record that travels with the tenancy. On unmanaged listings, the tenant must build the file themselves.
Dispute path if rent goes unpaid or the unit is overstayed
There is no dedicated residential tenancy tribunal in Malaysia. Rent arrears, deposit and possession disputes go through the civil courts, scaled to the amount in dispute. Knowing the route in advance saves weeks when something actually goes wrong.
| Amount in dispute | Forum | Notes |
|---|---|---|
| Up to RM5,000 | Magistrates' small-claims procedure (Order 93) | No lawyer required, designed for individuals |
| Up to RM100,000 | Magistrates' Court | Standard civil procedure |
| RM100,000–RM1,000,000 | Sessions Court | Standard civil procedure |
| Above RM1,000,000 | High Court | Standard civil procedure |
| Distress / rent recovery | Sessions Court | Sessions Court has unlimited jurisdiction for landlord-and-tenant distress |
Self-help is not a lawful route. A landlord cannot lawfully evict by self-help — locking the tenant out, removing doors, or disconnecting water or electricity. Recovery of possession goes through a written demand, then court action — a Writ of Possession and/or Writ of Distress — enforced by the court bailiff. Disconnecting water or electricity to force payment is unlawful.
For verified rental default, a landlord may only report a tenant to a licensed credit reporting agency where the tenancy agreement contains the tenant's consent. Reporting without consent is not lawful.
What a SPEEDHOME-managed tenancy agreement adds on top
A standard agreement covers the clauses above. A SPEEDHOME-managed agreement layers in three things competitors' generic contracts rarely match.
1. Rental protection replaces the cash deposit. Zero Deposit is available on selected SPEEDHOME listings. It is not a financial guarantee product — for severe end-of-tenancy damage beyond fair wear and tear, the standard protection claims process applies. Eligibility is per listing, not per building or area.
2. A two-sided move-in / move-out record. Handover photos, inventory list and meter readings are stored against the tenancy, so neither side can rewrite history at exit.
3. A managed recovery path. On SPEEDHOME's managed platform, the average time from a tenant's first rental default to recovery action is about 31 days. Recovery still goes through lawful channels — the platform speeds up the documented steps, not the legal ones.
Filter the SPEEDHOME rental listings for current rent, deposit treatment and Zero Deposit eligibility. Use the structured agreement as a benchmark when you negotiate a private one.
FAQ
What are the mandatory items in a Malaysian tenancy agreement?
The perkara wajib (mandatory items) are: parties and property address, tenancy duration, monthly rent and due date, deposit quantum and refund rule, notice period for both sides, maintenance split, utility responsibility, inventory list, stamp-duty treatment, and a dispute path. There is no Residential Tenancy Act in force in 2026, so the written agreement is the law between you and the landlord. Compare with the key points of a tenancy agreement for a clause-by-clause walkthrough.
How much stamp duty do I pay on a Malaysian tenancy agreement in 2026?
Stamp duty follows the Finance Act 2024 scale of RM1 / RM3 / RM5 / RM7 per RM250 of annual rent by lease duration, plus RM10 per extra copy. The former RM2,400 annual-rent exemption was removed in January 2025, so the full annual rent is taxable from the first ringgit. Stamping is done via e-Duti Setem on MyTax. Use the stamp duty calculator for the exact figure.
Is there a statutory cap on the rent deposit?
No. Malaysia has no statutory residential rent-deposit cap; the amount is governed by your tenancy agreement, and a landlord may only retain what covers proven loss. The common market stack is two months' security plus one month's advance rent and a half-month utility deposit, but every line is negotiable.
Can a landlord keep my deposit for minor scuffs or faded paint?
No. A landlord's right to retain is limited to proven loss, which in practice means damage beyond fair wear and tear. Faded paint, minor scuffs and ordinary wear do not qualify. The agreement should list what counts as a deduction and the refund timeline. If your listing qualifies for Zero Deposit, the deposit-vs-deduction question disappears for the upfront cash.
Can a landlord enter the unit without notice?
Only in emergencies (burst pipe, fire, gas leak). For viewings and repairs, the agreement should require reasonable notice — commonly 24 to 48 hours. Refuse any clause that lets the landlord enter "at any time" without notice; it is unfair and difficult to live with.
Is Zero Deposit the same as deposit-free insurance?
No. Zero Deposit is SPEEDHOME's managed rental-risk system — not a financial guarantee product. It replaces the upfront cash deposit. For severe end-of-tenancy damage beyond fair wear and tear, the standard protection claims process applies. Not every unit qualifies; filter Zero Deposit options on the SPEEDHOME listings and confirm on the specific unit before booking a viewing.