Tenancy Agreement Legal Fee And Stamp Duty Calculation In Malaysia
The tenancy agreement is very important for both the landlord and tenant. As a landlord, you would like to have your property well protected and away from unwanted troubles. As a tenant, you would like to have your interest protected during the tenancy period so your deposits is protected and avoid any legal action taken by the landlord. Hence, it is very important that the tenancy agreement is being written properly.
In fact, it is best to hire a lawyer to prepare your tenancy agreement as we don’t have the knowledge and skill to write the proper tenancy agreement. For your information, there is standardization in term of tenancy agreement charges in Malaysia and here is the guide for your references.
Important Notes: SPEEDHOME referral program is now live. Introduce us to your friend and you will get RM200 and they get RM100 discount. To find out more about our terms and condition, visit >> SPEEDHOME referral program FAQ.
Legal Fee for Tenancy Agreement period of 3 years and below:
First RM 10,000 rental – 25% of the monthly rent
Next RM 90000 rental– 20% of the monthly rent
More than RM 100,000 – negotiable
Legal Fee for Tenancy Agreement period of above 3 years:
First RM 10,000 rental – 50% of the monthly rent
Next RM 90000 rental– 20% of the monthly rent
More than RM 100,000 – negotiable
Stamp duty for Lembaga Hasil Dalam Negeri Malaysia:
Rental for every RM 250 in excess of RM 2400 rental
Less than 1 year: RM 1
Between 1-3 years: RM 2
More than 3 years: RM 3
Annual rental below RM 2400 – no stamp duty
Popular on SPEEDHOME:
– House for rent in Ampang
– House for rent Shah Alam
– House for rent Sunway
For example, renting a property of RM 1000 per month and 1-year renting period:
Legal fee: RM 1000 x 25% = RM 250
Stamp duty: [RM 12000 (annual rent) – RM 2400]/RM 250 x RM 1 (1 year) = RM 38.4 > RM39
Hence, the total fees for a legal fee and stamp duty will be RM 250 + RM 39 = RM 289
To know the exact stamp duty you need to pay, you can visit our free stamping fee calculator.
We also provided an estimation of tenancy agreement legal fee and stamp duty fee in accordance to monthly rental :
Monthly Rental Price | Tenancy Agreement Fee | Stamp Duty Fee |
RM800 – RM1,500 | RM200 – RM375 | RM58 – RM124 |
RM1,501 – RM2000 | RM400 – RM500 | RM134 – RM172 |
RM2001 – RM2999 | RM500 – RM750 | RM172 – RM268 |
* The above is just a reference for the usual market rate outside SPEEDHOME
Other than legal fee and stamp duty, the tenants are required to pay several deposits, such as earnest deposit (one month rental fee) as booking fee and security deposit (two months rental fee). Well, all of these are referring to what tenants generally have to pay in Malaysia using normal rental platforms. However, you can have a better choice now as SPEEDHOME offers completely Zero Deposit on all properties listed!
Introducing SPEEDMANAGE – Get things done faster and easier
SPEEDMANAGE is an online platform that allows you to sign the tenancy agreement digitally. You may read through the user guide to help you get started with creating a digital tenancy agreement via SPEEDMANAGE.
By using SPEEDMANAGE, there are several benefits as compared to the conventional way of agreement stamping.
Comparison SPEEDMANAGE to Lawyer tenancy agreement
SPEEDMANAGE benefits:
- Signing Digital Tenancy Agreement online
- No deposit needed
- Zero lawyer fee
- Simple and standard terms and Conditions
- Faster renting process
Considerations:
- No one to explain or advice regarding the terms and conditions
Lawyer tenancy agreement benefits
- Tenant and landlord can get professional advice regarding their terms and conditions writing
- Agreement is written & revised by professional
Considerations:
- Tenants are required to pay deposits
- May need to go to several places to get the agreement done
SPEEDMANAGE is legal and the signed digital tenancy agreement and the duty stamped copy will be admissible in court under Section 7 of Electronic Commerce Act 2006 and Section 62(2) of Digital Signature Act 1997.
More information about SPEEDMANAGE
Our Speedsign fee is charged on tenants for RM449+SST for one-year lease agreement (inclusive of stamp duty).
You should consider your options whether you should use SPEEDMANAGE or lawyer tenancy agreement. SPEEDMANAGE is totally free for the landlord to sign the agreement. The tenant will pay RM449 for 1 year for the Speedsign fee. The fee is inclusive of the stamping fee. Besides, if tenant wishes to continue renting after the first year of the tenancy period has ended, the Speedsign fee for the subsequent years costs only RM299 + SST per year.
On top of that, since everything of your renting process can be done by using SPEEDMANAGE, there is no leg work required. If you are having multiple properties to manage, everything can be done within your palm and you don’t have to hire anyone to do that.
For more information about SPEEDMANAGE, you can read it here. Download SPEEDMANAGE and create your online tenancy agreement immediately at speedmanage.com .
Any questions please feel free to email us at [email protected].
Is it the landlord or tenant should pay the house rental agreement legal fee? Who should pay ?
Well there is no law or rule stated in Malaysia that who should pay for the legal fee, but normally tenant will pay for it.
Hi on top of my head SST is not imposed on monthly rentals unlike the previous GST which were imposed on the monthly rentals of commercial properties only. Please clarify.
If you choose to rent short-term (i.e: 3-11 months), then there will be a surcharge that will be divided equally over your tenancy period.The Speedsign fee is RM399 + 6% SST. For more information check out – https://speedhome.com/blog/how-to-short-term-rental/
How is the stamp duty be calculate if tenancy is on month to month basis ?
the stamp duty is only calculated on a 1 time basis based on your monthly rental rate