- First goal: mitigate and resolve dispute amicably
- Second goal: avert a litigation, strive to mitigate losses as much as possible.
- Third goal: to use documentation as a shield (defence) rather than a sword (attacking your opponent) should a litigation materialize.

- Ability to off-set rental (with basis of course).
- potential lost of renovation cost if evicted.
- potential lost/disruption to business.

- forfeit deposit
- lost of future income from rental.
- likely to initiate suit against tenant.

Ali (prospective tenant): hey Abu, do you offer any rent free period for renovation?
Abu (agent of landlord): yes we do, in fact we offer 6 months free rent.

Ali subsequently enters into an agreement and later finds out that the Landlord refused to give rent free period.

Ali (now a tenant) communicates verbally: Hey Ah Chong, your roof is leaking and its causing a small pond to build up in my office!
Ah Chong (Landlord): Ok… ok… ok … will fix it.

[6 months later still not fixed and the tenancy is about to expire]

Ah Chong: hey the roof is leaking, why you no fix?
Ali: I told you already but you never come repair also!
Ah Chong: where got! You don’t deny responsibility. If you don’t fix the roof, I will forfeit your deposit.

- see sample in Appendix A – Prospecting Checklist -  1.Appendix_A___Prospecting_Checklist.pdf ( 17.11k ) Number of downloads: 143
> if you need the MSWord version just PM Me together with your email address, the Forum doesn't allow me to post in Msword format

2.1.1 Duration of tenancy.
2.1.2 Deposit required (how many months rental, utilities etc…).
- normally is 1 month advance, 2 months rental deposit and 1.5 months rental
2.1.3 When is rental payable?
2.1.4 is renewal option available?
2.1.5 how is or the basis in which the Landlord increase rental?
- good to know, normally landlord will be caught off guard by this question. You can roughly gauge your landlord’s expression then.
- If you want a guide, +1% above the Maybank 12 months Fixed Deposit Rate is considered pretty good.
2.1.6 check whether utilities have been fully paid up to date?
- you don’t want to end up paying previous tenant’s dues and ending up with the messy task of offsetting against rental.
2.1.7 check whether cukai pintu is paid up to date?
- if you are running a business for the long haul, I believe non-payment of cukai pintu will affect your license renewal
2.1.8 why did the previous tenant move out?
2.1.9 who pays for stamp duty?
- normally landlord will want tenant to pay all. If you have some bargaining power, you can try for equal or full.
2.1.10 is the person you are dealing with the agent or actual landlord?
- I doubt it would make much difference but it’s good to have a person who talk too much and over-promise.
2.1.11 are you allowed to sub-let?
- answer most likely is “no”.

2.2.1 what is the procedures before renovation work commence?
2.2.2 is there any specific requirements that need to be observed?
2.2.3 will there be any fixture and fittings provided?
2.2.4 ask for rent free period for renovation.
- if you’re doing a business, every bit helps.

2.3.1 What happens when the tenant prematurely terminate the tenancy?
- standard practice is to pay balance tenancy of the unexpired duration.
2.3.2 what is the procedures for moving out?
2.3.3 are there any specific requirements that need to be observed?
2.3.4 when does the tenant need to hand-over the keys?

- Example: if there is a water leakage or there are cracks in the ceiling or walls.
- the rule of thumb is, tenants are generally responsible for the interior of the premises. Whereas the exterior and structural façade of the building is the responsibility of the landlord.

1.1 In this phase, you can expect to receive a letter of offer from the landlord or a tenancy agreement or both simultaneously.

1.2.1 a pen, highlighter and notepad
- best you photocopy another set so that you can scribble on it.

- see sample in Appendix B – Documentation Checklist-  1.Appendix_B___Documentation_Checklist.pdf ( 20.4k ) Number of downloads: 125
> if you need the MSWord version just PM Me together with your email address, the Forum doesn't allow me to post in Msword format

Under the National Land Code, a lease is recognized as term exceeding 3 years (s.221 National Land Code 1965) and is capable of registration (s.292 National Land Code 1965). A tenancy on the other hand which is for a term not exceeding 3 years is exempted from registration (s.216 National Land Code 1965).

Tenant may protect his interest by endorsing his claim on the registered document title of the Landlord/Owner (s.316).

See how to calculate stamp duty below:
http://www.horlic.com/tenancy-agreement-st...ee-calculation/
http://www.gdv.com.my/2012/09/tenancy-agre...lation-formula/

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QUOTE(okuribito @ Mar 18 2019, 06:12 PM)
Did not see monthly maintenance fee in your list. For example for condominiums /apartment. Is it allowed expense/deduction?

How about sinking fund? Is it allowed expense/deduction?

TIA

THIS TENANCY AGREEMENT (hereinafter called “Agreement”) is made the day of 20 .

BETWEEN

the party whose particulars are set out in Item 1 of the Schedule hereto (hereinafter referred to as the "Tenant") of the one part;

AND

the party whose particulars are set out in Item 2 of the Schedule hereto (hereinafter referred to as the "Landlord") of the other part.

(The Tenant and the Landlord hereinafter collectively referred to as the “Parties” and individually as a “Party”, as the case may be)

WHEREAS

(1) The Landlord is the registered legal owner and/or beneficial proprietor of all that piece of land described in Item 3 of the Schedule hereto (hereinafter referred to as the "Premise").

(2) The Landlord is desirous of granting to the Tenant and the Tenant is desirous of accepting from the Landlord a tenancy of the Premise for the period upon such terms and conditions set out hereunder.


NOW THIS AGREEMENT WITNESSETH as follows:-

1. TENANCY

1.1 Subject to the terms and conditions herein contained, the Landlord hereby lets and the Tenant hereby accepts a tenancy of the Premises for such period of time as specified in Item 4 of the Schedule hereto (hereinafter referred to as the “Term”) commencing from the date as specified in Item 5 of the Schedule hereto (hereinafter referred to as “Commencement Date”) and expiring on the date as specified in Item 6 of the Schedule hereto (hereinafter referred to as “Expiry Date”) and at the monthly rental as specified in Item 7 of the Schedule hereto (hereinafter referred to as the “Rental”) and the first Rental shall be paid within a reasonable time or such other time to be mutually agreed upon and thereafter monthly payment shall be paid by the seventh (7th) day of each calendar month.

2. DEPOSIT

2.1 Subject to the terms and conditions herein contained, the Tenant shall pay to the Landlord the sum specified in Item 8 of the Schedule hereto (hereinafter referred to as the “Rental Deposit”) shall be paid within a reasonable time or such other time to be mutually agreed upon, as security for the due observance and performance of the Tenant’s covenants and the Rental Deposit shall be returned to the Tenant free of interest within thirty (30) days of the expiration or sooner determination of the tenancy.

2.2 The Tenant shall deposit a further sum specified in Item 9 of the Schedule hereto (hereinafter referred to as the “Utilities Deposit”) with the Landlord as security for the due performance of the Tenant’s covenants contained in Clause 3.1.2.

2.3 The Rental Deposit and the Utilities Deposit shall be refunded by the Landlord to the Tenant pursuant to Clause 4.1.4.

3. TENANT’S COVENANTS

3.1 The Tenant hereby covenants with the Landlord as follows:

3.1.1 to pay Rental in the form and manner stated in this Agreement;

3.1.2 to pay all electricity power charges, water rates, sewage charges, telephone charges and/ or any other utilities (if any) consumed on and/ or supplied (as the case may be) to the Premises during the Term;

Dear sifu sifu, I have a units of shoplot apartment which rented to Ganesh's family. They did not pay rent for 7 months  ( as my dad is too kind ) and I told them that I want my units back 3 months ago and asked them to find other apartment.
Until last week they also act bodoh. So now I already cut water and coming soon electricity. Contract already expired 7 months ago.

Now they called me that they want to pay me 2 months rental and asked me to put back the water supply so they could stay for another month while finding new place, am tired of the lie so I refused to accept. They threaten me if I don't put back the water supply ( electric cut OTW ), they will damage the house when they move. It is hard for me to confront them as they are low income group and few guys in the house. Rental is RM550 a months.

Any sifu here got experience to deal with this kind of bad tenant. 

Hi all,

This is my first time renting out an apartment. I got something to ask. i am going to rent out my apartment unit with fully furnish. With LCD, fridge, washing machine, water heater and some etc electrical item. Let say within the tenure, there is some problem with the electrical item, who will bear the repairing cost of this electrical item. Is it owner or tenant.

Let say owner had to bear, does it feel a bit unfair as tenant is the one using it. If share cost between owner and tenant still can be acceptable.

Just to make this clear before renting out. if really owner is the one who bear i rather rent out without those item with a few hundred bucks lesser.

Hope any one can enlighten me on this..

TQ

Hi all sifus, when renting out your house, did you prepare tenancy agreement? What terms have to be take care of? Basic thing like rental per month, duration, deposit, name of both parties, address of house. Besides this, what have to be included?

Sorry if my question wasn't that professional. Looking forward to all advice!:)

Hi all Sifu. May I know the tenancy agreement can put name other than landlord? My brother want to rent out his condo but he working oversea. He want to put my name in the tenancy agreement instead of his name for ease of processing. Will there be issues if want to take legal action to those bad tenant (touch word😅)? Any lawyer here can give advise? Million thanks!

I rented a fully furnished house to a sarawakian couple 2 weeks ago. They insist to pay the first payment by cheque, giving me a lot reason/excuse. i didn't think too much and choose to accept it.

All the renting process proceed just like normal, I got his IC copy, signed tenancy agreement, etc.

On Tuesday, the cheque has been rejected by Bank. And he said accidentally cancel.
He promised to settled by cash in Friday, again. Break the promise.
On Friday, he keep saying this Monday morning for sure the money will be ready. As usual, no news.

Until now, I don't even get a single cent.

I planned to get a locksmith to enter the house tonight. Isn't ok for me to do so?
Kindly advise what can i do now. Or any better suggestion.

Hi all,

Need some advice here. i think this is a common problem but as this has never happened to me before so i would appreciate some guidance as a landlord. I have been chasing my tenant to pay their rent every month and now they have not paid the rent for 2 months. i have decided to lock them out of their apartment until they pay the outstanding amount as they have also incurred considerable damage to my house. my agent is being unresponsive to this situation now and i am left to handle this problem on my own. Anyone else faced the same issue or can help to advise what i need to do next?

thank you.

My mistake in selecting a wrong landlord

Everyone makes mistake in life but not everyone makes mistake and learnt from it.
What does I mean “learnt from it”?
If you can write down or list down how to avoid the same mistake again, you have learn from your mistake.
After your first mistake made, you learn how to do the same task/similar decision better and wiser. In fact the best method is learn first before you take a major decision.

Here’s my real world example
Before you rent a shop to do business (in my case, is Excel training business), learn first from few successful business owner, ask them how to select the right shop lot, right shop owner. Make sure you ask the right person who already own several successful business, not just any friend, colleague.
Spend some times or days to research how to select, attend a right seminar(if any, on selecting shop lot), the best way is to get advices from few property agents, not just one.
You have a better chance to rent and do business for long term. You would start your business today and want to close down on the second month, right?
Here’s my painful experience for not selecting wisely
I rented a shop lot in year 2013.
My director and I, both went to view a shop lot.
Both of us are newbie in selecting shop lot, we do have some success in helping corporate to learn Excel, but that doesn’t mean we are good at selecting shop lot too.
So, we met the property agent and an old man who we perceive as the landlord.
So, as usual, the landlord will says “OK”, “OK” for the question we asked during viewing the property. So we have a feeling that we can “trust” the landlord and we signed the tenancy agreement.
So, we moved in and we renovate the unit. It is an empty unit.
Every month we paid the rental on time. Everything goes well until challenge comes.
The unit is water leaking when heavy rain happened. So we told to the old man and the old man aid it isn’t his responsibility, and he pass the responsible to the real landlord which receive the rental month to month.
When we try to call the real landlord (named Allan), we have a hard time to reach him. He is not picking up calls or replying sms for days, whatsapp is even worst.
And after chasing him for weeks, he finally return call and he said that it is tenant responsibility to fix it.
The story goes on…
Remember we renovate the unit and partition it well, because of such incident, when the tenancy agreement is expired, he decided not to continue renting to us. He has his right, we beg him to extend few more months, but he refuse to do so.
We face nightmare, and we were busy finding a new shop lot to have our next Excel training. Luckily, we got a friend’s friend who happen wanting to rent his shop lot and that’s why now our training center is located at Bandar Puteri, Puchong. The new place is already well renovated. What a blessing we finally found.
My point is – when I selecting the shop lot, I didn’t consider well. I act on the spot.
I didn’t think. I didn’t carefully think
What is the best way to minimize my expenditure in renting a training space?
How can I best select the right training venue.
I learnt from my mistake, I become wiser in selecting.

Lesson learnt:
Ensure the landlord is the true landlord. Before I pay my deposit, I will want to see a Sales and Purchase Agreement with the landlord name written there, Else I won’t pay a single cent.
Don’t rush to make decision on the spot. The unit may looks perfectly suitable, but it cannot be the only one.
Renting a shop lot is also a big decision.
As a matter of fact, I just view two shop lot lately, but I didn’t take action although the landlord (again, perceive to be landlord) says “Please reply within few days time”, I just politely thank him. Then the other shoplot’s owner said “first come first serve. There is another one coming to view this evening”. Well, this kind of pressuring sales won’t work on me anymore.
I know how to select it well through costly education, but I do learnt from my mistake.
I am writing this to help those who in the middle of selecting shop lot to rent.

The potential tenant didn't come, ask his siblings to come view the house. They are I. (agent bring, though I told before don't wan I)

I ask to take photo of the house. I allowed. However, I noticed he only took pic of furniture, fan, crystal light, house from outside. HE Never take room PIC UNFURNISHED.

They just take pic and left.... Never ask anything...

Can this be a theft? How to prevent it?