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Investment Tenancy Agreement, Need some advice here

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AVFAN
post Dec 28 2012, 08:00 PM

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QUOTE(mudz @ Dec 28 2012, 07:50 PM)
Hi guys,

I have a few questions in mind regarding tenancy agreement in Malaysia.

From what I read, the steps to make a legal tenancy agreement is to have signature from both parties then stamp it in LHDN. I would like to know how true is this.

Other than this, I'm also having another problem which is the tenant decides to stop renting the unit after 4 months. This is a bad thing for me as I've spent a few thousands renovating the unit and also paid 1 month commission for the agent. Is there anyway to add in a clause which requires the tenant to rent at least a minimum 6 months?

Thanks in advance.
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better get a proper tenancy agreement signed and stamped. w/o one, in the case tenant cabut after 4 months, nothing u can do except scold the agent and agent probably just laugh.

a typical tenancy agreement is 1yr firm + 1yr renewable option. which means tenant cannot terminate before 12 months; must pay all even if he leaves early. if he wants to renew for 12 months after 1st 12 months, a letter to confirm will do, no need for agent commission or stamping anymore.

a diplomatic cause is common - if tenant is expat and sent away fron country, the agreement is terminated whenever he leaves, no penalty.

having said that, any agreement can be customised to suit both parties, no hard mandatory rules, really.

This post has been edited by AVFAN: Dec 28 2012, 08:02 PM
AVFAN
post Dec 28 2012, 09:19 PM

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QUOTE(jucl @ Dec 28 2012, 08:34 PM)
Bro, do you have a proper tenancy agreement. Can you share the template or a sample of the agreement.
Many thanks.
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really sorry that i dont have a ready one to share here but any agent would have it.
AVFAN
post Dec 29 2012, 09:59 AM

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QUOTE(eecmlib @ Dec 29 2012, 09:43 AM)
Usually I will go for 2 year tenancy for female client such as nurse...
           5 years tenancy for tadika
No 1 year tenancy so far.
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quite right... for residential, it was commonly 2yr+1yr or 2+2.
but due to many available houses and highrise now for rental, many tenants start to insist on 1+1.
in my experience, most of them get out after 1 yr because they find a better one nearby with same or slight rental incr.
this says the yield for rental props is flat or getting lower as there is ample supply for rental.
there are many cases where a good rental is achieved for 1 yr, then stays empty for 1yr before next tenant comes in.
this is happening in many places. when situation will reverse, nobody knows.

for commerical operations, it is usually longer, maybe 3+1, 3+2, or in the case of banks in shoplots, 3+3+3, total 9 yrs with a provision for a capped rental incr every 3 yrs.
again as previously mentioned, there are no hard and fast rules. both sides need to agree, according to prevailing and anticipated future market conditions.

This post has been edited by AVFAN: Dec 29 2012, 10:01 AM

 

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