What is a tenancy agreement?
When you successfully rented out your rental property, a contract has to be signed between you as landlord and your tenant. It is a legalized document that both parties agreed on the specifying the terms and conditions of their rental agreement. Tenancy agreements are usually signed before the tenant is moved in.
Why do we need to stamp the Tenancy Agreement?
Under Section 52 of the Stamp Act 1949 states that instruments chargeable with duty not duly stamped shall be inadmissible evidence. At such, as a landlord we do need to make sure that all tenancy agreements are duly stamped to ensure that it is admissible in court in the event that it requires to be enforced.
Normally two copy of Tenancy Agreement will be signed. One copy will be for landlord and another copy will be given to the Tenant. Both copy of the Tenancy Agreement has to be stamp in order to become a legalized document.
Maybe some landlord wish to save the stamp duty money. This would not be a good idea as the stamp duty will not cost you a lot. It will save you a lot of trouble in the future. Let us not be penny wise, foolish pound. For me this is a must to protect myself and my tenant, so that the tenant prudent and discipline to pay rent and taking care of the property.
There is another added advantage by having a tenancy agreement. It will be a supporting document to prove that you are having additional rental income. This additional income can help you to acquired loan approval for your next property purchased.
How much is the Tenancy Agreement Stamp Duty?
As for the tenancy agreement stamp duty, the amount you have to pay is depending on yearly rental and duration of the agreement. In summary, the stamp duty is tabulated in the table below. I got the following table from the LHDN Office.
Above table listed are for the main copy of tenancy agreement, if you have 2nd or 3rd duplicate copy, the stamp duty is $10.00 for each copy.
Who should pay the Tenancy Agreement?
The next question is “who should pay the Tenancy Agreement?’ There is no right or wrong answer here. Most of the time is Tenant and some of the time can be equally shared by Tenant and Landlord. It all about how it was agreed upon.
Raju
Hi.. My agent troubled me alot and finally gave me agreement with one stamp which i cant see properly also. No registration number, nothing. So, how to find that he registered properly or not?
Please help.
Thanks,
Raju
property
AuthorHi Raju:
Once the Tenancy Agreement is stamped, you should able to see the date of the stamp and the price. Normally is printed in clear GREEN font. LHDN is using printing,so it should be clear.
ojie
raju is using stamp hsil the stamping or chop .. not very clear
nina
Hi there,
Is it true that we cannot proceed for stamping of the tenancy agreement prior to the commencement of the tenancy period?
i heard it from someone but not sure on the reliability of the information.
and if cannot refer to some supports also helps. because i didnt see it mentioned in the lhdn website. but i may have missed it though.
pls help.
tq.
property
AuthorDear Nina:
Your information is true. My personal experience also same. The LHDN officer cannot process it due to the date is not start yet.
azam
What about if the tenancy has started long time ago? I intend to use the current date, to avoid penalty for late stamping. Can I do so?
Chat Property Malaysia
AuthorI do not think so.You may seek clarification at the LHDN.
azam
What about if the tenancy has started long time ago? I intend to use the current date, to avoid penalty for late stamping. Can I do so?
Nawal
Hi there.
I rented out a condo. However, Im seeking for a few girls to join me in the unit.
How do i prepare a rental agreement between myself and the other tenant?
Looking forward for your reply.
Thank you.
Chat Property Malaysia
AuthorHi, I do not have experience on the sublet agreement.
Nurul
Hi Nawal, I usually do a 1-2 page of “sub-tenancy” agreement with my sub tenant girls. However, this is just for records purposes, as well as to give them a list of the house rules. I do not stamp them, and I do not intend for the documents to ever be used in court or anything.
For the most part, my intention is so that the house rules are clear as I have given them a written list of rules. This includes things like security issues (who can visit etc), cleanliness, notice period (how long they have to inform me before they want to move out), and prohibition against “passing on” i.e. they are not supposed to “pass” their rooms to other people, as I would like to vet my subtenants before they come in.
Let me know if you want a sample. I just wrote them up myself and have suited me so far. I have been main tenant and having sub-tenants for 4 years now. My landlord have no issues with my subtenants as I am still fully responsible for the whole house and the whole rental to him.
Lio
Hey nurul, mind to share the agreement? I will be subletting out the rooms to the condo I’m renting as well.
farah
Hi Nurul, can you give me your sample agreement? my email is aya_ixora@yahoo.com.thanks in advanced.
Jen
Hi Nurul, mind to share with me your “sub-tenancy” agreement with me as well. I appreciate a lot.
Nurul
Hi Jen and Farah, you can access it from the link:
https://drive.google.com/folderview?id=0Bz9mn-3qKemqNG5nSGNfWERJQjQ&usp=sharing
OOI CHIA GUAN
Hi Nurul, mind to share with me your “sub-tenancy” agreement with me as well. My email is gguann@hotmail.com. I appreciate a lot.
Jeana
Hi, can help send me a copy? mooifong@gmail.com
Thanks
Chat Property Malaysia
AuthorHi Jeana:
you can get it here. https://www.chatpropertymalaysia.com/how-to-stamp-the-tenancy-agreement/
Richard Ong
Hi Nurul, can I have a copy of this agreement too? my email: huntiar.ong@gmail.com
Chat Property Malaysia
AuthorHi Richard Ong:
You can get it here.
https://www.chatpropertymalaysia.com/how-to-stamp-the-tenancy-agreement/
siewhong
Hai nurul, mind to share with me your “sub-tenancy” agreement with me as well. I appreciate a lot.
Yani
Hi, could you please share the agreement with me too? if.ya.ni.m@gmail.com
Samantha
Hi Nurul, can you give me the sample of the sub-tenancy?
My email address is samanthayap18@gmail.com
Thank you in advance.
Johana
Hi Nurul, mind sharing with me your sample agreement? my email is johana.chen@yahoo.com.thanks in advanced.
Hafiz
Hai nurul, its great things to know here. Mind to share it with me? Its really helpful. Can you email to me at fieyz90@hotmail.com. Thank you nurul.
Tina
Hello,
We recently signed a new addendum that adjusted the rental rate that was stated in the original tenancy agreement that was already stamped.
In this case, How would the stamping fees for the Addendum be calculated?
Do we need to pay the few hundred Ringgit based on the rental + agreement period again?
Thank you!
Chat Property Malaysia
AuthorDear Tina, I do not have any experience on the addendum. You may check with the LHDN and update us here. It will be great as all of us are learning from each other.
Tina
Found out that for the addendum, only the nominal RM10 stamping fee is needed. UNLESS, the addendum is to extend the tenancy agreement period, or the rental fee is higher than the rental fee originally stated in the agreement, in that case, you either need to pay according to the formula you shown, or pay the differences after an increase in rental.
Lim Mei Ying
Hi Tina, do you mind if sharing the addendum document for reference?
Bey
Hi, the table above rental show is monthly or annually?
Thanks.
Chat Property Malaysia
AuthorHi Bey,it is monthly rental.
Ling
I am due for my rental renewal and the landlord sent me an electronic tenancy agreement for review, with a note to pay for RM150 stamp duty.
The rental is RM1700 per month for a year renewal. Based on the table above, stamp duty should be RM72 plus RM10 for an additional copy of duplicate agreement. Before I raise the question to landlord, would like to hear your advice if there are other standard charges behind this that I might not be aware of.
Many thanks.
Chat Property Malaysia
AuthorMy best guess is, your landlord is paying runner to get it stamp at the LHDN.
cheah
I try to do the stamping on behalf my father(landlord) but the staff said only the landlord or tenant can do. Is it?
Chat Property Malaysia
AuthorNot necessary.anyone can do on behalf
Etan
Hi
Cheah was right. The staff of LHDN said only the landlord or the tenant can do it. As registered agent how do we go about stamping ta on our clients behalf ?
mohd syamir
Hello, just wanna ask, If i made TA by myself for the tenant that already occupied my shop-lot since may 2015 but i just find out that TA need to be stamp to make it legal. Thus can we use the current TA to be stamp by LHDN from the date of tenancy? And do we need lawyer to sign our TA or not?
thanks
mohd syamir
Hello, just wanna ask, If i made TA by myself for the tenant that already occupied my shop-lot since may 2015 but i just find out that TA need to be stamp to make it legal. Thus can we use the current TA to be stamp by LHDN from the date of tenancy? And do we need lawyer to sign our TA or not?
thanks
Chat Property Malaysia
AuthorYou may need to check with LHDN if the date of the commencement is still valid since already pass for 6 months.
Do not need lawyer to sign the TA.
C Sim
Hi, I am going to rent a shop lot but the agent said I will have to pay him half a month of agent fee? I thought the agent fee is paid by the owner not the tenant?
Thanks !
Chat Property Malaysia
AuthorHi Sim:
There is no hard rule on this,it depends on your area and state. Different area practice differently
C Sim
Hi Chat Property Malaysia,
Thanks for your reply ! ^^
Davi
Hello and good evening to all here from JB im a european. I rented today a condo studio in taman austin agent said must pay 200fee agreement tenancy. Aftet all i asked for thetenanvy stamped latrr shesaid no stamps or price fee on thestamp/reciepe.what should i do. I dont like people cheat me. I can takr any further reclam. No fee tenancy mentioned on the agreement i signed thank you!!
Chat Property Malaysia
AuthorDear Davi:
The stamping fees is according to your montly rental.
For instance if your rental is RM1500, by referring to the table, it will cost $63.00 for 1 year tenancy.
And if need another copy of Tenancy agreement, it will cost RM10 for subsequent “duplicate copy”
There is no receipt issue by the LHDN office. But the price is clearly stamp onto the Tenancy Agreement.
I strongly believe that your agent is asking RM200 from you could be his/her service fees.
It is fair to pay them as they are providing the tenancy agreement and running around to get the tenancy agreement stamped.
James
I want to ask what is the reasonable service fees for the agent? If the agent asking for a high service fees and we already pay the booking fees mean 1 month of rental RM950, what can we do?
Chat Property Malaysia
AuthorHi James, i did not understand your question.
Chong
Hello,
I am the landlord and plan to stamp my copy of the tenancy agreement. What documents do i need to bring to LHDN?
Must i also bring my tenant’s copy of the agreement? Or is my copy alone sufficient? Appreciate your kind advise.
Chat Property Malaysia
AuthorYou need to bring yours and tenant copy for stamping.
Terry
Can only stamp on landlord copy? No stamp on tenant’s agreement. Is it possible to do so?
Chat Property Malaysia
AuthorOf course you could.
itai
Hi,
I remembered many years ago when paying for this stamp duty, the LHDN officer did not request me to fill up a form but this year when I went there, I was requested to fill up a LHDN form, will that mean LHDN will use this form to track my income tax report ?
Thanks.
Chat Property Malaysia
AuthorHi, I am afraid I can’t help as I do not work at LHDN.
itai
Well. How about if I go to post office buying stamp according to the rate specified, stick the stamp and stamp date on top of the stamp ? Is my tenancy agreement document considered legalized and admissible ?
Thanks again.
PC
Hi, can I bring one original copy of TA and a scan/photostat copy TA to LHDN for stamping? Or both need to be in original signed copies of TA? Kindly pls advise. Thank you in advance!
Chat Property Malaysia
AuthorWhat I always did is signed 2 copies. Not sure what other experience can share here?
Meb
Hello – I only have electronic copies of the signed tenancy aggreement from landlord – can I print the 2 scanned copies and get them stamped? – will be very difficult to get an original copy with landlord’s signature
many thanks
Chat Property Malaysia
Authortechnically is okay. howver, I cannot confirm from the legal stand point of view.
Julie wan
If we would like to extend the tenancy agreement to another one year, so need to stamp? Or only do the addendum? Thanks
Chat Property Malaysia
AuthorYes, need to renew and stamp
Julie
How much for the stamp duty? Is it follow the normal rate based on rental?
Chat Property Malaysia
AuthorYes, it follow the normal rate
Julie
If i extend the tenancy to one year and the rental is same, can i just do the addendum to pay stamp duty for addendum? Hw much is that
Chat Property Malaysia
AuthorI do not have experience on addendum. You may check with your lawyer.
Josephine
If the tenancy is for a period of 2 years – 1st year RM5000 and 2nd year RM5100. How to calculate the stamp duty payable
Chat Property Malaysia
AuthorLHDN Officer will give you the best advice on this area.
uma
I need your help. I am the owner of a unit which is currently tenanted. This is my second year with this tenant. The first year the tenancy agreement stamp duty were done by the agent therefore we don’t have any problem. Since this is the second year, I have re-typed the agreement as same as the first one. I am not sure where to get the stamp duty from? help!
Chat Property Malaysia
AuthorYou may read the article on “How to stamp tenancy Agreement“.
Babu
Hi,
I was an ex-tenant of an unit. I had tenancy agreement with my landloard.
On first page, it has a green color stamp with the info ( RM10, Date, Pejabat Setem Cheras and 11 digt number on it)..
Tenancy agreement ended in Dec-15. I did not get my deposit amount back.
At the time of contract I used to contaact the agent…now agent number also not reachabl…
Pls advise how I need to proceed…
Many Thank in advance.. Do I need to approach LHDNM or Police report?
Chat Property Malaysia
AuthorFirst you need to talk to the Landlord and discussed with it in detail.
Only then to take the next course of actions.
Babu
Thank you for the quick response.
I do not have landlord contact number.When I asked agent before, agent used to tell to contact her if I have any issue.
Agent never let me know landlord number.
Pls advise.
Mindy
Hi, i m renting my house effective 1/3/2016, meaning i can only stamp after that date? And who should keep
Original copy ,landlord or tenant?
Chat Property Malaysia
AuthorYes,correct.
Landlord keep the original
Mindy
Even though my tenant to bear the cost of stamping, i still keep the ori copy?
And thanks for your reply.
Math
Hi there, I have a tenant who is continuing to rent my house after many years. She was previously working for a company who paid for the rental but unfortunately her employer had moved elsewhere and she had to stop working. The agreement was between me and the company, witnessed by their own Director/Secretary.
My question is, can I do my own tenancy agreement (similar to the old agreement), then signed by the tenant and get it stamped? Can I get it stamped after the commencement of the tenancy period? Officially she started renting this month of March ’16.
Please advise and looking forward for an early reply. Thank you for your help.
Chat Property Malaysia
AuthorHi Math,surely you can do your own tenancy agreement and then signed by the tenant. After that, you just need to go to LHDN and get it stamped.
Komathi
Hi.. My tenancy agreement is for One year, but i have move out from the house within a year. but i have inform the owner 2 months before my moving date. whenever i tell the owner about my moving out date, he never even mention about completion of agreement. now he msging me and saying tat he will take my security deposit to cover the rental from the day i move out and also charge me for cleaning fee. In the agreement i never there is any rules that i have to complete one year or i have to pay for cleaning. can anyone advise me on this? Thanks.
Chat Property Malaysia
AuthorHi, you may check in details in the Tenancy Agreement if there is any clause mentioning that. Normally the cleaning fees only being charged if you left in a mess.Otherwsie,should not be charged.
As for deposit, as long as you comply with the Tenancy Agreement, the deposit should be refunded.
Komathi
Hi ,
I need your help. Actually i rent a house in johor bahru (Monthly RM1400). I have paid 2 months security deposit & RM700 for utilities. My agreement will expire end of March’16(One Year Agreement) . But i have notify to agent by watsapp that i will be moving out from the house before completion one year which is in mid of February. According to the agreement i need to notify one month before, but i have inform the agent since Dec’15 that ill be vacant somewhere in Feb. Even in the agreement there is no rules stated that I still have to pay the rentals for the remaining month if i terminate earlier. whenever i talk about my moving out date the agent also never tell me about this. Until end of the day, one day before i return the key the agent message me and said i have to complete one year which means i have to pay rental for March as well. That time i have already move out to new house. First thing i am wondering why agent never tell me anything until the day i move out or highlight to me to complete one year. When i question him, he said there is a miscommunication.
At last i return the key on 29th Feb to the agent and agent say he will talk to the landlord to not charge me for the March rental. I say i’m ok if he want charge me half month of rental. Yesterday i received msge from agent said that landlord will take the security deposit for cover 1 month rental in March and balance monthly security deposit will be deducted for RM550 for contractor fee (i am agree to accept this charges as we have drill but it will not cost RM550) & RM250 for cleaning the house. I don’t understand why i have to pay for cleaning services as well.
I didnt reply anything for agennt message and ask him to provide owner number. I do not have landlord contact number.When I asked agent before, agent used to tell to contact him if I have any issue. Even now i am asking for owner number but he not providing me the number. I can provide you the scan copy of the agreement if you need it.
Please advise on how I need to proceed.
Many Thank in advance. Do I need to make Police report?
Thanks, Komathi
Chat Property Malaysia
AuthorFirst thing to check is the Tenancy agreement content.
As long as before you move out, you make the house same as the day you move in, it should not charge you RM550 for the contractor.
And you are able to ensure the house cleanliness, the landlord should not charge you the cleaning fees.
Ng
Hi there, anyone know stamping fee have any 6% GST right now?
CY
Hi,Ng, There is no GST for Stamping Fees.
Emu
Hi.. I recently signed a tenancy agreement (TA). However the TA was not stamped by LHDN, but it has RM10 Setem stick to it (purchased fm post office) When i ask the owner, he said no need to waste the stamp duty money as using the RM10 stamp (blue colour) is enough and valid. Is the TA still consider valid? As owner TA copy also using the RM10 setem.
Chat Property Malaysia
AuthorHi Emu:
This required advice from Lawyer.
sk tan
can i use residential TA for commercial TA ?
Chat Property Malaysia
AuthorI do not advice. Or you know or aware of the content in the TA
Ramz
Dear Sir , My Family have been renting a commercial Land for pass 35 year , Last Year the tenant inform us to vacate the land as it has been sold . When i ask my parents there we no tenancy agreement done as they we paying rental as low as RM 80 per-month and now increased to RM 1,500 in passed 10 years . We have ask for compensation but they refuse to pay . Is there anyway we can fight . We also stop the operating business from date given notice.
Chat Property Malaysia
AuthorI cannot advice in this matter as no experience at all.
david h
Agent charged me 575 for new tenancy. Monthly rental was 2300. Second yr with new tenant. Reasonable?
Chat Property Malaysia
AuthorHi David:
you may refer here for the details charges.
https://www.chatpropertymalaysia.com/how-much-does-it-cost-for-stamp-duty-for-tenancy-agreement-in-malaysia/
kumuthen Muthucumaru
Hi there, the tenant has been move out before the agreement date end and the tenant informed me he will move out within a week, the agreement still valid for 6 month.
My question is, if I want to do new agreement do I need to cancel the old agreement? if yes is there any charges.
Please advise.
Chat Property Malaysia
AuthorOnce new agreement is made, all set to zero and new charges apply
Kooyi
Hi there, would like to ask is the TA need to prepare by lawyer form?
If self do TA can get stamping as well? Thanks!
Chat Property Malaysia
AuthorTA not necessary to be prepared by Lawyer. Self do TA can get stamping as well
Queenie
Hi Everyone,
i have provided the Tenancy Agreement drafting services with reasonable price. If anyone interest, please drop me an email at ——–legaladvisor88@yahoo.com.
Besides, i have have provided other type of Agreement drafting services and Lawyer recommendation services for Court Proceeding.
Thanks and Regards,
Queenie
Lya
Hey, I have some questions.
I had rent a apartment on 1st March 2016, ,we have sign agreement( 1year) but owner don’t want take the agreement to make stamping cause he want wave the tax. So if I want move out before 28 Feb 2017, is it have any problem? How about if he don’t let me move out ? Or he don’t give me back the security deposit?
Thanks.
Chat Property Malaysia
AuthorIt will be risky if things not end well since the tenancy agreement is not stamped
RP
Hi All,
I rented a house @jalan Ipoh in feb 2016, but my upstairs creating a lot of noise so its impacting my office work so I asked owner, management, agent to do something they gave stern warning to upstairs tenant but no use. Now I asked my owner I am leaving your house and refund me my deposit so now owner saying for deposit u r liase with agent and agent saying u will not get the deposit as u r not completing 1 year contract. What can I do in this case??
Actually my upstairs are bar tender so they comes up after drinking by 2-3 AM then creating nuisance, these peoples are used to police cases, police put them behind the bars 2-3 times. Please suggest
Chat Property Malaysia
AuthorYou need to refer to your Tenancy agreement for details. Is it stating need to stay for 1 year before can take back your deposit?
Soon
Hi there,
What does 1+1 means in the TA? If the tenant wants to continue the 2nd year, can I premise on the same TA? or do I need a new stamped TA?
Windy
Hi, I need some advise. My monthly rental is RM1500 but the agent charge me RM 400 for the stamping fee. Is’t fair for this price? Please advice and thx a lot.
Chat Property Malaysia
AuthorHi Windy:
You may read here. https://www.chatpropertymalaysia.com/how-much-does-it-cost-for-stamp-duty-for-tenancy-agreement-in-malaysia/
MhD
Hi Sir,
What is the normal service fee from an agent for preparing and stamping tenancy agreement? I’m renting a unit with RM1500 rental and agent is asking RM400 which looks very high to me. Please advise. Thanks
Chat Property Malaysia
AuthorHi MhD:
You may read here. https://www.chatpropertymalaysia.com/how-much-does-it-cost-for-stamp-duty-for-tenancy-agreement-in-malaysia/
Tenant
My old tenancy agreement with the landlord ended in June 2016. I continued to service the rental after June 2016 with the same rental for the next 4 months Due to some unforeseen circumstances the landlord did not renew the tenancy agreement until Oct 2016. Can the landlord increase the rental, make a new tenancy agreement , backdate it and ask me to pay the difference of the rental for the last 4 months ?
Chat Property Malaysia
AuthorI do not think so it can back date since you are not agreed with the increased rental
Willie
Agent contributes no value at all if he/she does not provide Tenancy Agreement and Stamping fee services.
They have commissions of at least 1 month of the rent and they should take this as part of the cost to do this business. STAY UNITED IN INSISTING AGENT TO EAT UP THIS COST!
Willie
Agent contributes no value at all if he/she does not provide Tenancy Agreement and Stamping fee services.
They have commissions of at least 1 month of the rent and they should take this as part of the cost to do this business. STAY UNITED IN INSISTING AGENT TO EAT UP THIS COST!
Isnt it funny to ask your potential customer (tenant) to prepare the TA?
CC
Hi Im the owner who get the stamping done by a property agency. The stamping fees charged is RM106 for 2yrs contracts (rental rm1200) . My question is why I was given the duplicate copy which the stamping fees shown is RM10, while the tenant is holidng the first copy stated stamping fees RM106? According to agent, this is the correct procedure. Please help. Thanks
Chat Property Malaysia
AuthorEither copy are valid.
foo
hi,
I need advice. recently I bought a suite under commercial title. I have a tenant interested for office and also accommodation. how should I prepared the tenancy agreement? should I put it under residential and office use only?
is the commercial and the residential stamp duty same price?
Chat Property Malaysia
AuthorStamping charge is same for both Residential and Commercial
foo
for fully furnished suite, we normally provide air cond, fridge, washing machine, and other electrical item…
if the items fail to work, and aircond need yearly maintenance, can we put in the agreement that the repair and maintenance bear by tenant?
Chat Property Malaysia
AuthorYes. You may put in and get agreement with the tenant.Have to achieve WIN WIN situation
Siva
Hi,
If the tenancy took effect from e.g 1st Nov, can the agreement back dated and effective on the said date?
Chat Property Malaysia
AuthorOf course cannot
Ali
Hi, Do we need to pay stamping fee every year or it can be waived by the house owner on goodwill?
Chat Property Malaysia
AuthorHighly recommend to do stamping every year so that there is no grey area later on.
Chong
I used to rent out the propert in room separately instead of entire unit, posting on iBilik and Roomz room rental platforms. In this case, do we really need to stamp the agreement with amount og a few hundreds?
I really don’t think so.
Chat Property Malaysia
AuthorYou may do your own decision.
Chong
I used to rent out the propert in room separately instead of entire unit, posting on iBilik and Roomz room rental platforms. In this case, do we really need to stamp the agreement with amount og a few hundreds?
I really don’t think so.
Ben
Hi,
My tenancy agreement about to expired soon. My landlord mention if need to renew the tenancy agreement …
He suggest to me the letter do not need to go for stamping so is much more cheaper, just RM50
Why need RM50 if not stamped?
If I preferred it to be in legal and correct way on renewal..what is procedure and cost to do renewal of tenancy agreement of my rental is rm1500.
Please advise
Thanks
Chat Property Malaysia
AuthorYou may refer to my post and cost for rental RM1500 is specified.
Ivynnn
Hi, can you send me your sample agreement? my email is ivynnn@yahoo.com. Thanks in advance.
Fan
Hi,
I’m renting and condo in hartamas for RM2500
The agent is charging me RM621.40 for professional drafting including runner, admin and stamping fee.
I think it’s really expansive. Can somebody advise how much is the reasonable charges?
New Tenant
I’m perplexed, property agent is charging me RM400 for stamping and disbursement of the tenancy agreement, from what I read above, the cost is quite high, any advise ?
Chat Property Malaysia
AuthorThey are providing services to you.
Unless you do all the leg works
Ching
Hi it’s my first time renting out a unit.
The tenant intended to rent for 3 months only. May I know how do I prepare the TA for short term renting ?
is it prepared as per those for one year/above?
And the stamp duty to be paid will fall under category of 1year?
TIA!!
Chat Property Malaysia
AuthorYou may just draft your TA duration accordingly.
However, the stamping charges is for 1 year.
Almond
Hi,
Do we need to do stamping on Lease Extension Agreement? Is it still necessary with everything remain unchanged besides rental increment? Thanks
Chat Property Malaysia
AuthorIt should stamp to make it legally bind
Laren
Hi. My tenancy is dated 1 December 2016. I will be sending the tenancy agreement for stamping next week. Is there any timeline to stamp the tenancy? If so, what are the penalties?
Chat Property Malaysia
AuthorI do not have the answer for this. Normally get it stamped within a month time
Mei
Hi Chat Property Malaysia, my tenancy for land amounting RM108,220.00 per month for 3 years. So the stamping i get is RM20,740.00. The amount seems huge, is this correct? Thanks.
Chat Property Malaysia
AuthorHi Mei:
I do not have experience for such a high rental. If the stamping is come from the LHDN, i trust it is true.
Dan
Hi.
If my tenancy up to 5 years, how much calculation for tenant agreement?
Chat Property Malaysia
AuthorYou may ask the LHDN Officer for calculations.
Jack
Hi. Good Evening.
I’m a tenant, my one year TA will be expired soon (end March 17). If the owner want to increase the rental. Can I just re-type the TA (last year prepared by agent) all over again just change the date and the new rental price and get it sign by owner and me and just go to LHDN get it stamped? Can i Do that? When should i get the stamping? 1st of April or after the date or before current TA period ends?
Chat Property Malaysia
AuthorYes, you can just retype the content of the previous year TA.
Yes from 1 april onward you can go to LHDN for stamping.
Srinivasa
Hi I’m srinivasa. I’m Indian. This month I plan to bring family to Malaysia. What is the rental process in Malaysia. What are precautions I need take rental process. Please let me know.
Chat Property Malaysia
AuthorHi Srinivasa:
Welcome to Malaysia.
First, do engaged a reliable Property agent to assist you.
The Property agent should have their license and agent number.
View the property yourself with the agent.
The last important thing need to do is signing of the Tenancy Agreement which wil protect both parties interest.
Srinivasa
Hi sir /madam
I’m tenant. What is legal procedure for rented house in Malaysia. What factors I need to consider. Please let me know
Fender
My landlord charging me a tenancy agreement that cost rm400. Isn’t that too much for a condo? How do I know it’s legit or not? What should I ask future/not owner?
Chat Property Malaysia
AuthorHi fender, you may used the table provided in the article to calculate the cost of the TA
ST
I will be renting out my house effective 28/5/2017 (Sunday).
When can I stamp tenancy agreement, before, one the 28/5/17 (Sunday) or how many days after.
Any penalty for delayed stamping?
Chat Property Malaysia
AuthorAnytime after 28 May 2017
jhen nee
A room monthly rental cost RM200, do i need to stamping my tenancy agreement at LHDN?
Chat Property Malaysia
AuthorIdeally yes to protect both parties
Mrs. Shaw
Hi, I will be renting out my property and have gone thru’ an agent
in this case who pays the stamping fees, the tenant or the agent?
Please advise. Thanks
Chat Property Malaysia
AuthorHi Mrs Shaw:
It depend on the agreement from both party. It can be either party or shared
Mun Yee Cheong
i have one (main / very first) stamped TA (detailed) – only 1 year.
So, for renewal / extension, i just prepare a 1 piece letter says extended 1 year period but all other T&C from the main TA remained with title : SUPPLEMENTARY AGREEMENT FOR EXTENSION OF TENANCY)
question : do i still need to get the extension letter stamped?
Chat Property Malaysia
AuthorHi Cheong:
Question to you, what is the advantage of this?
Why not just renew the Tenancy by signing a new Tenancy agreement where all the terms are the same?
James
Hi there..my current studio apartment is 1k monthty but the yearly renewal of contract is rm530 for agent fees n rm300 for renewal. Am i being rip off?
Chat Property Malaysia
Authoryeah. you can do it by your self alone.Save the RM200 agent fees
Ken
May I know if TA was valid as it was a 3 years with auto renewal up to 10 times? Assuming rental is rm10000. How the stamp duty looks like for 30years TA in total?
Chat Property Malaysia
AuthorHI Ken,
As far as I know, there is no auto renewal, unless it is specified in the TA.
I do not have any stamp duty for 30 years.
You may check with LHDN on this.
Elaine Mok
Hi. I shall be renting out my Unit to 3 single ladies next month. I am drafting my own TA for stamping. On the Cover Note of the TA, am I allowed to specify the Full Name & NRIC No.
of the 3 Ladies who will be my Tenants? Also on the Last Page of the TA whereby the Signature & NRIC Nos. of the Landlord and the 3 Tenants are to be done, is it compulsory to have different Witness to sign his/her name respectively for both Landlord and Tenants? Kindly advise soonest possible. Thanks.
Chat Property Malaysia
AuthorNot necessary to have different witness
Teepa
Hi there, I’m in the midst of renting a shop lot.. the landlord is the one who prepares the agreement. He said the minimum duration for renting a commercial property is 2 years and can’t do for 1 year.. is it true?
Chat Property Malaysia
AuthorYou can do for 1 year
Tsai Pei Sing
1). If there are 2 landlords as per Sales & Purchase agreement, then isn’t rental agreement must put that 2 landlords names or just 1 landlord name?
2). The agreement date isn’t must be the same date as the rental tenancy starting date? ie 1st Aug is the rental starts date. So the tenancy agreement date must be 1st Aug? or can be earlier? And we can do stamping earlier than 1st Aug. or must to stamping on 1st aug?
Chat Property Malaysia
AuthorHi Tsai:
Question 1: Either one will do
Question 2: The agreement date should be the same date as the rental tenancy starting date. Stamping is only allowed after the agreement date.Cannot be done earlier.
Yen
Hi there. May I know if the tenancy agreement is expiring soon, landlord gave me an extension letter and saying it can save stamp money as rental every month RM2800.
My question:
1. is extension letter/extension agreement need stamp of LDHN?
2. extension agreement and renewal agreement in malaysia is same in meaning? or different in meaning?
Kindly advise. Thanks in advance and appreciate your kindness.
Chat Property Malaysia
AuthorHi Yen:
What I know is, any document that has to be stamp in order to be legalised.
Bel
Hi, good points made here. I have original tenancy for 8 months at RM4200, and already stamped this agreement based on minimum 1 year, ard RM200. Would like to extend another 4 months, same rental & we have signed addendum for this extension .
enquired LHDN customer service, said I have to pay the full RM200 again,as they take the addendum as a new agreement (despite the addendum shd be supplementary to original?).
Is it not calculated based on combined tenancy period for original 8mths+ addendum 4mths, which is still within same 1 year period of stamp duty we already paid for? i could be wrong but this sounds like double charging the stamp duty on same annual rent calculated for it to be levied on in the first place.
I thought only needed to pay nominal charge, if no difference in original stamp duty paid due to extension (example if rental increase). looking for info, thanks.
Chat Property Malaysia
AuthorHave to follow LHDN
SSH
Hi, may I know what is the current runner fee for an agent to perform stamping of a continuing contract (previous lease term on previous contract expiring, and writing up a new contract for renewal and stamping). Location is in Penang. Please let me know. Thanks.
Chat Property Malaysia
AuthorIf your house is rent out through agent, then they will provide this service for free. i do not have the rate to advice as normally I do it for myself since it is pretty fast and easy.
Henry Chin Sheh Ho
Dear Nawal,
What if the Tenancy is less than a year? What would the stamp duty ?. Will it be still 1 year?
Thanx again.
Chat Property Malaysia
AuthorStill to pay for 1 year