I wanted to inquire any legal or property manager about the need of stamp duty in Malaysia: -

I am currently renting a house to a company's workers for 1 year. The 1 year agreement will end by the end of the month and I need to sign another agreement with that tenant. The previous agreement was prepared by a property realtor and I found out recently that he DID NOT duty stamp the agreement.

I read through some online property advice that you need to go to LHDN to ask for stamp duty for your tenant agreement, or else the agreement is not enforceable under Malaysia law.

So I need to clarify a few things and I hope that any forumer can help.

1. Is it true that tenant agreement is not enforceable if we did not apply stamp duty for it?
2. Can I use the previous agreement ( just changing the date etc).
3. Does LHDN read through the agreeement and check whether it is legally correct? (because the agreement was prepared by the previous realtor and it is filled with grammar errors, which is worrying).
4. Is there anything else that I need to know before signing the agreement?

Any input will be greatly appreciated. Thanks!!!

The tenancy agreement is still a valid and legal binding agreement even though it's not stamped. But if you want to initiate a civil proceedings the agreement can only be admissible to court as evidence if it's stamped. No harm to use the previous agreement and change the necessary details (date and correction on the grammatical errors as you said). What I know is that LHDN officer won't bother to read through the content. To them their job is quite administrative. For those officers who are more alert ones they may check whether the value adjudicated appears to be fair. Now stamping needs to go through online first before you bring the docs to their office - very mafan. Just handle it to your agent or lawyer yo get it done for you.

Yup, that's correct.

Or you can use Speedsign at https://speedsign.speedrent.com to do the agreement. We will handle the stamp duty etc.

*** Disclosure: I am the founder of Speedrent/Speedsign ***

topic parking