Tenancy Agreement

Residential premises · Malaysia

THIS TENANCY AGREEMENT is made on

Between

(NRIC No. ), of , hereinafter referred to as "the Landlord" (which expression shall where the context so admits include the Landlord's successors in title and assigns) of the one part;

And

(NRIC No. / Passport No. ), of , hereinafter referred to as "the Tenant" (which expression shall where the context so admits include the Tenant's personal representatives) of the other part.

Whereas

1. The Landlord is the registered proprietor of, or otherwise lawfully entitled to let, the premises described in Item 1 of the Schedule ("the Premises").
2. The Landlord has agreed to let and the Tenant has agreed to take a tenancy of the Premises subject to the terms and conditions set out below.
3. The Tenant has paid the earnest deposit stated in Item 8 of the Schedule, which shall be applied towards the first month's rent upon execution of this Agreement.

The Schedule

1. Term and rent

1. The Landlord lets and the Tenant takes the Premises for the term stated in Item 5 of the Schedule commencing on the date in Item 6 and expiring on the date in Item 7.
2. The Tenant shall pay the monthly rent stated in Item 8 in advance, without deduction or set-off, to the account stated in Item 14.
3. If any rent remains unpaid for days after it falls due, the Tenant shall pay interest on the outstanding sum at per annum calculated daily until payment.

2. Deposits

1. The security deposit in Item 10 shall be held by the Landlord free of interest as security against breach of this Agreement and shall not be treated as rent.
2. The utility deposit in Item 11 shall be held against unpaid utility charges outstanding at the end of the term.
3. Both deposits, less any lawful deductions, shall be refunded to the Tenant within days after the Tenant delivers up vacant possession, and the Landlord shall provide written particulars of any deduction made.

3. Tenant's covenants

The Tenant covenants with the Landlord as follows:

1. To pay the rent and all deposits at the times and in the manner stated in the Schedule.
2. To pay all charges for electricity, water, gas, telephone, internet and refuse collection consumed at or supplied to the Premises during the term.
3. To use the Premises solely for the purpose stated in Item 12 and not to permit occupation by more than the number of persons stated in Item 13.
4. To keep the interior of the Premises and the Landlord's fixtures and fittings in good and tenantable repair and condition, fair wear and tear excepted.
5. Not to make any alteration or addition to the Premises without the prior written consent of the Landlord.
6. Not to assign, sublet or part with possession of the Premises or any part of it without the prior written consent of the Landlord.
7. Not to keep any animal or pet on the Premises without the prior written consent of the Landlord.
8. Not to use the Premises for any unlawful, immoral or improper purpose, nor to do anything that may cause nuisance or annoyance to occupiers of adjoining premises, nor to void any insurance on the building.
9. To comply with the by-laws, house rules and regulations of the management corporation or joint management body having charge of the building.
10. To permit the Landlord or the Landlord's agents, on giving not less than days' written notice, to enter and inspect the Premises at reasonable hours.
11. To deliver up the Premises at the end of the term in the same condition as at the commencement, together with all keys and access cards, fair wear and tear excepted.

4. Landlord's covenants

The Landlord covenants with the Tenant as follows:

1. That the Tenant, paying the rent and observing the covenants in this Agreement, may peaceably hold and enjoy the Premises during the term without interruption by the Landlord.
2. To pay all quit rent, assessment, maintenance charges, sinking fund contributions and sewerage charges payable in respect of the Premises.
3. To keep the roof, main walls, main drains and structure of the Premises in good repair, and to attend to repairs of a structural or capital nature not caused by the Tenant's default.
4. To insure the building against loss or damage by fire and other insurable risks.

5. Termination and default

1. If the Tenant fails to pay any rent for days after it falls due, or commits a material breach of any covenant and fails to remedy it within days of written notice, the Landlord may terminate this Agreement, re-enter the Premises and forfeit the security deposit, without prejudice to any other right or remedy.
2. Either party may terminate this Agreement after the expiry of months from the commencement date by giving not less than months' written notice, or by paying months' rent in lieu of notice.
3. If the Premises are destroyed or rendered unfit for occupation by fire, flood, storm or other cause not attributable to the Tenant, the rent shall abate from the date the Premises became unfit until they are made fit, and either party may terminate this Agreement by written notice if the Premises are not made fit within days.
4. If the Tenant remains in occupation after the expiry of the term with the Landlord's consent, the tenancy shall continue as a monthly tenancy on the same terms, terminable by one month's written notice by either party.

6. Option to renew

1. Notice of the Tenant's intention to renew must be given in writing not less than months before the expiry date.
2. The rent for any renewed term shall be , and shall be agreed in writing between the parties.

7. General

1. Stamp duty and costs. The stamp duty, registration fees and the cost of preparing this Agreement and its counterparts shall be borne by the . counterparts shall be executed and stamped.
2. Notices. Any notice shall be in writing and delivered by hand, by prepaid registered post, or by electronic mail to the addresses stated above, and shall be deemed received on the date of delivery, or three days after posting, or on the date of transmission if sent by electronic mail before 5.00 pm on a business day.
3. Entire agreement. This Agreement, together with its Schedule and Appendices, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and arrangements, whether oral or written, including any booking form or letter of offer.
4. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
5. Governing law. This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.
6. Special conditions.

Execution

IN WITNESS WHEREOF the parties have set their hands on the day and year first above written.

Appendix A · Inventory

Agent particulars