How to Stamp the Tenancy Agreement?

Once the property had rented out, tenant and landlord signed a mutual contract called Tenancy Agreement which agreed on the term and conditions.

If you have agent doing the tenancy agreement and get your tenancy agreement stamped, then you could be very relax. However, what if you rented out your unit yourself without agent help? There is no big deal, just submit your email and name at below, to get the a copy of Tenancy Agreement (sample). Then you will just follow the following step to stamp your Tenancy Agreement.

Fill Up and Get A Copy of Tenancy Agreement (Sample) Here!

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How to stamp my Tenancy Agreement?

Prepared two copies of Tenancy Agreement and duly signed by both Tenant and Landlord. Go to your nearest Lembaga Hasil Dalam Negeri office, which is the same place where we submit our income tax.

So far I have been only 3 LHDN offices, namely:

PENANG BRANCH
LEVEL 3-10
BANGUNAN DEWAN PERNIAGAAN
MELAYU
LEBUH PANTAI, P.O BOX 660
10910 PULAU PINANG.
GENERAL LINE : 04-2552000
FAX : 04-2628406
04-2635910
BUKIT MERTAJAM BRANCH
NO. 20
LORONG PERDA SELATAN 2
BANDAR PERDA
14000 BUKIT MERTAJAM
PULAU PINANG.
GENERAL LINE : 04-5487000
FAX : 04-5307024
04-5399576
KULIM BRANCH
NO.12, ARAS BAWAH & ARAS SATU
KULIM BUSINESS PARK
JALAN TUNGKU ASAAD
SEKSYEN 6, 09000 KULIM, KEDAH
TEL. AM : 04-4962552/2551
FAKS : 04-4962555

Once you walked in, tell the officer you want to stamp your Tenancy Agreement. A queue ticket will be given with 2 forms.
Fill up the form given, there are:

  1. Two copies of PDS, 49 (A)
  2. One copy of PDS 1 (Pin. 2011)

Once number is called up, you will have to submit the 3 forms with your 2 copies of Tenancy Agreement together.

You will be asking to pay the Stamp Duty according to the Rental rate table. You may pay on the spot. However, for Kulim branch, you will need to buy the stamp Hasil from POS office first before going to Kulim LHDN Office.

Immediately after the stamping fee is paid, the document will passed to another officer just beside it. The officer will checks the document and passes it to a guy who operates a stamping machine.

The whole process could be less than 10 mins to get your tenancy agreement done. So it is pretty simple process. I done this very often.

 

Below are the samples of the “Stamped” on your Tenancy Agreement.

Sample Stamp Duty Paid

157 comments

  1. Joey

    I would like to request a copy of the tenancy agreement as well. Thank you! By the way, what can I do to ensure my tenant will pay on time? I am able to impose a penalty to them if their payments are late?

    • Chat Property Malaysia
      Author

      Normally, before hand over the key to the tenant, the best practice is to go through the Teanncy Agreement. Make sure the tenant know what is exactly in the Tenancy Agreement. In the TA, there is a clause stated penalty will be imposed for late payment. So you just need to ensure that Tenant is responsible to pay on time.

    • Chat Property Malaysia
      Author

      Hi Joseph,
      Please submit your details at the “Fill Up and Get A Copy of Tenancy Agreement (Sample) Here!” at above post, then you will get a copy for it.
      Thanks.

  2. Joseph

    What documents beside the 2 copies of the tenancy agreement/renewal agreement are required to be shown to LHDN?

    Two copies of PDS, 49 (A)
    One copy of PDS 1 (Pin. 2011)

    These two documents need any supporting documents to be attached together etc?

    • Chat Property Malaysia
      Author

      Hi Normadiah,
      Please submit your details at the “Fill Up and Get A Copy of Tenancy Agreement (Sample) Here!” at above post, then you will get a copy for it.
      Thanks.

  3. Asha Asogan

    Hi ,
    Does the landlord himself need to present while getting the stamping done at the LHDN office. Can someone in the family represent the landlord to get stamping done? If family, are in laws included? Does LHDN need a letter of authorization??
    Thanks.

  4. TAN

    My tenant wanted to rent the apartment for 2nd year. Should I use the same agreement template like the 1st year or there is another tenancy agreement template for extension of tenancy? Appreciate the advice.

    • Chat Property Malaysia
      Author

      Dear Tan:

      First question to ask your self is “Is there any term and conditions” change from 1st year to 2nd year?
      If no, then it will be the same.
      Otherwise, you may changed accordingly.

  5. Dan

    I would like to confirm below 2 questions:
    1. Can a scan/photostat copy of TA send for stamping?
    2. If the renting start on 25feb2016. What is the TA date and when is the date send for stamping ?

    Thank you.

    • Chat Property Malaysia
      Author

      1. Can a scan/photostat copy of TA send for stamping?
      Answer:You can photocopy of your content of your TA. then get your tenant to sign on both copy. I am not sure if you can photocopy of the signed copy or not.

      2. If the renting start on 25feb2016. What is the TA date and when is the date send for stamping ?
      Answer: TA date will be 25feb2016. You may send for stamping on 25feb2016 onwards.

  6. sp

    question about Form PDS, 49 (A) >> the tenant is company not individual , how do i fill the IC number and the incometax number? just fill in company name will do?

    thanks

  7. Ahmadbashah

    If the property is my dad’s , instead of putting his name as landlord , can i put mine and will it count as my income ? Thanks

  8. rosalind

    If the tenancy period commence 1st Oct 2015 but the TA was only signed on 17 Feb 2016, will there be late payment charges if I send for stamping tomorrow ? Is it based on commencement date or date TA is signed ?

  9. Ooi Ling Hong

    Any other place I can stamp the TA beside LHDN office? If I no plan to declare my rental income in my income tax (BE or B borang), would it trigger LHDN if I get my stamping at LHDN office.. thanks in advance for the advice.

  10. Desmond

    Hi,

    for the tenancy agreement, is the landlord and tenant signature is enough? Do I need to have another witness to sign? Thanks.

  11. km

    Hi. i have a few questions here, appreciate your kind explanations:
    1. is the tenancy agreement done on my own and get stamped at LDHN legally enforceable even without lawyer involvement?
    2. if the tenancy agreement get stamped at LDHN, will LDHN monitor me for my rental incomes during my tax declaration? cause if possible i don want to report the rental as income to avoid taxation.
    3. can i edit, remove or add in any clause to the tenancy agreement that u send me? is it still legally enforceable?
    4. is it any LDHN office can do the stamping or there is any specific branch? have u done it in johor? please tell me the location

    thanks in advance for any kind explainations from anyone. thank you.

  12. Vivian Ng

    Hi, I noticed there’s Inventory stated in the Sample Tenancy Agreement , however I don’t see any of the Inventory List attached in the agreement. Please advise. Thanks.

  13. Toon

    i went to the UTC johor wanting to stamp the tenancy agreement for client, but the officer said only the landlord himself or the tenant himself come personally. is it true? if so, any idea how to go about it? pls advise. (the officer said landlord write to appoint me to carry out this task also cannot?!)

  14. Roger

    Hi,
    I went to LHDN Penang just now, the officer told me agent has to go thru online. Same as what Toon mentioned above.
    They stamped for me but ask me go online next time.

  15. Alvin

    Hi. If the landlord register his company with his own land title. Does he himself needed a set of TA for the company registration procedure?

  16. Kay

    Hi, two copy of TA stamped with different amount, one stamped with rm10, the other one stamped with balance amount, is it have to make both of these photocopy to the tenant?

  17. Daphne

    Hi anyone know what documents to bring along beside 2 copies of the tenancy agreement ?
    Because someone told me must bring sales & purchase agreement for stamping.

    • Chat Property Malaysia
      Author

      Hi tracie, it all depends on your agreement with your landloard, and you must aware of why you are doing so.

  18. Clara

    Good info. Just want to find out

    (1) For stamping tenancy agreement that require 2 copies, can one be original signed & the other photocopy of the original signed (for the extra rm10 copy)? If worse case got instance need to submit to court as evidence, one existing original should be enough right?

    (2) Any where published in LHDN rules on this? (No reference from any official guidelines anywhere..even on LHDN website)

    THX

  19. Jill

    If my tenant wants to renew the TA and there is no change in the terms and conditions, do I have to prepare a set of new agreement to be stamped for the new period? Can I just issue a letter to renew the tenancy stating the commencement of the new agreement? If yes, do I have to get the letter of renewal stamped? Appreciate your advice.

  20. june

    Hi, if both landlord and the tenant agreed that the date on the tenancy agreement is on the 1st day of January 2018 and everyone sign in December because the tenant wanted to move in early for renovation and applying for sesb, is it possible to get the agreement to get stamp?Thanks in advance.

  21. june

    Hi, if both landlord and the tenant agreed that the date on the tenancy agreement is on the 1st day of January 2018 and everyone sign in December because the tenant wanted to move in early for renovation and applying for sesb, is it possible to get the agreement to get stamp?Thanks in advance. 🙂

  22. Ong Ka Ka

    Hi , I already fill up my details in the columm “Fill Up and Get A Copy of Tenancy Agreement (Sample) Here! “. Could you send me a sample of tenancy agreement . Thank you very much

  23. Ali

    I would like a template of the tenancy agreement. Ive filled out the above email and name and hit submit and nothing happened.
    Also I have a question does stamping at lhdn mean the landlord will have to report it on his upcoming taxes?
    And how will this effect landlord?
    Also can spouse of tenant go to lhdn to stamp the forms?
    Also should we include photocopies of IC’s and passports for non malaysian tenants?
    Can non malaysians go to lhdn and get stamp duty ?
    Is there forms in lhdn that are in english or is it all in malay?
    Can the spouse of the tenant be the witness in the TA or does it have to be an outside party?
    Also is there other places besides lhdn where one can get a TA stamped by government officials?
    Is poslajus rubber stamps valid as a legal stamp?

  24. Jin

    hi, Can I back dated the agreement on 1st Jan 2018? For example tenant already stay in on Jan 18 and now only want to prepare and stamp the agreement?

  25. Destiny

    Hi I have a question on renting out a unit. The unit is under my mother’s name. Unfortunately she passed away last year July. I have submitted the paperworks to change of ownership to all her assets and it’s still under process. I’m looking to rent out the property asap as it’s been almost a year now but the unit is not changed to my name yet. My question is if I’m able to do a tenancy agreement by myself (No agent) will I have any issues to do the tenancy agreement between me n tenant as the unit is still not under me yet?

    • Ong Mary

      When did ird introduce the method of stamping tenancy agreements by having the keying in of data of the tenancy details. I mean they put out the pcs at the stamp office and ask you to key into the application as opposed to submission of paper documents.

  26. Jack

    Hi, may i know the cost for the tenants agreement contract and stamp duty should be borne by the tenant or the house owner? Thanks in advance.

    • Chat Property Malaysia
      Author

      Hi Jack:

      there is no hard rule on this. Either 50% Vs 50% or 100% borne by tenant. All depends on the negotiation.Good luck.

    • Chat Property Malaysia
      Author

      Hi Charlotte:

      Do fill up your email details in this article “how-to-stamp-the-tenancy-agreement“to have the tenancy agreement send to you

  27. Carene

    Good day, I have few question hope to get you advice.

    a) is the tenancy agreement done on my own and get stamped at LDHN legally enforceable even without lawyer involvement?

    b) If both tenant & landlord agreed the rent start from 1 SEPT 2018, which is the best date to be fill into the TA & get it stamp

    Appreciated for you kind advice and thanks in advance.

  28. arafat

    hello,
    i am a tenant…can i sign 3 copies of agreement papers so that i have concrete evidence of payment. So after the landlord stamps the remaining 2 papers then i can have the stamped agreement paper…

    so which is better, paying in full and initially getting an unstamped paper, or paying 1 month deposit and receiving the booking paper before they do the stamping?

    i m dealing with a landlord whom i dont know and who wont b able to see me physically…so what document can i tequest from her while paying first time?

    thank you

    • Chat Property Malaysia
      Author

      Hi Arafat:

      I am not getting the full picture of what you are asking. You can sign as many copies as you like and get it Stamped. Each additional copies only cost you RM10.

  29. Chin kwan

    Hi i want to ask can i just bring only 1 set of agreement to stamping?
    My tenant do not want a copy for himself
    Just 1 set agreement and we share it just to save the cost
    Izzit possible to just sign n stamp 1set only at lhdn
    Thank you

  30. Alice

    Hi, my tenancy agreement is started on 19th December 2018. I believe I should send for stamping is from 19th December 2018. My question is if I cannot send by 19th December 2018, how long is the duration I can send for stamping without penalty. If there is penalty, how much is the penalty? Thank you.

    • Chat Property Malaysia
      Author

      Ideally, do not late by 1 month.I do not have this experience for stamping late.Maybe others can give comment?

  31. Jhonny

    Hello sir, how to fill up this form. Anyone will help to fill up those pds1 and pds49 ?
    I prepare tenancy agreement myself one original another duplicate ? Need to bring details of tenant ? The tenancy agreement required any lawyer endorsement signature or verification prior to bring lhdn ?

  32. Chan Wai Yee

    Tenant period is start from June 2019 till June 2020, may I write date of tenancy at 15th Apr 2019 and go for stamping on Apr 19?

  33. Sue Lin

    Hi My tenancy agreement is done through an agent, however, he still hasn’t get back to me on the TA. Is there anything I can do?

    Thanks,

    • Chat Property Malaysia
      Author

      Hi Sue Lin:

      Is it both parties signed already?
      You may just follow up with your agent accordingly.

  34. Yuffie

    Hi, may I know within how many days we shall do stamping after both tenant and landlord signed the tenancy agreement?

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