hi, if i want to do a tenancy agreement for a residential property, should i get the service from lawyer or usually we hv to draft it ourselves and stamp it???
how much the lawyer charge for that?

do it your own, bro

if you are using an agent, they usually have a copy of the tenancy agreement that you can use. And they will get it stamped for you as well.
note stamping fee is payable by tenant.

if you are not using an agent, get one from your friends or whoever has done it before..not easy to just draft it from nothing on your own...
you can use a lawyer - fee would be a few hundred bucks..should be less than RM500

Legal fee is usually base on the rental amount.

not necessarily as my regular lawyer does it for a flat fee..

now i have a draft on hand, so how should i get it stamped? where is the place to do the stamping and how much does it cost?

I come across tenants who engage their own lawyers drafting the tenancy agreement.
Obviously siding the tenant
A lot in mont kiara. Maybe too oversupply of condos there. Too many units for tenants to pick

Lembaga Hasil Dalam Negeri....the place where you pay income tax

No need... just buat sendiri and go to LHDN office kasi stamp.. very fast only... just fill up the form, pay $$ and stamp...

If u house worth over RM XXXXXX then, u may need a lawyer to protect u interest 'better'.

I draft all my own tenancy and over the years added clauses to protect myself further. But as per other threads, I always say, drafting the best tenancy agreement is not much help (except for the high class property) as obviously if the tenant wants to cheat, there are 101 ways of doing so.

I saw the sample of tenancy agreement, at the signature part:
"in the presence of:-"

So we need a witness here, am I right? Who can be the witness? must be a lawyer?

Your agent/ your spouse oso can, no need lawyer

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Added on July 20, 2011, 11:49 amVery true in M'sian context. Most of the time difficult to enforce and expensive. Litigation is also really not viable.

You will have better chance if your buddy is a bouncer then a lawyer

This post has been edited by rakyat: Jul 20 2011, 11:49 AM

thanks for your reply.
so, basically anyone will do right? Thanks.

Let say Im the tenant and I want to do it myself.

What is the steps to be taken.

1) Draf a tenancy agreement done.
2) ...?
3)...?
4)...

Get your tenants to agree all the terms and signed. Otherwise repeat the step 1. Collect all the deposits and rental and issue receipts if any. Take the agreement to stamp in lhdn if you feel needed. Save the copy for yourself and another for your tenants.

What difference does it make on whether the tenancy agreement is stamped or not?

avoid paying tax to lhdn.kekekeke plus save stamping money. (although not much saving)

stamped agreement is valid document and can be presented in court.

some people said, stamping the agreement only when matter arise. lol.

keep lawyers away from this ... they are rich enough without modifying templates and charging $$$.

If the agreement is stamped, the tenant will have to bear the stamping fees.

As for paying tax. Do you mean the tax on income from the rental?
What happens if you the agreement is stamped but you do not pay the rental income tax? Will they be able to detect and go after you? Just wondering how efficient are these JHDN