With the soaring prices of properties, especially in major cities, it’s an undeniable fact that a large majority of locals in Malaysia could not afford to buy houses. This is due to the fact of the rising living costs and these people are in dire need to sustain the daily necessities of the family members — ranging from education, health and food.
It would also cover the detailed description of the property being rented out along with its furniture, fixture and other amenities, to prevent further disputes. Landlords are always advised to hire a lawyer to draft the tenancy agreement. This is to ensure the document does not leave out any important details that might result in disagreements among both parties. Include all property details starting from the property address to additional clause in the proper tenancy agreement.
The monthly rent should be clearly stated alongside the payment’s due date and the method of transaction. The method of transaction is also important as some landowners would prefer the tenant to pay after the monthly spot checks to ensure that the tenants include the costs of any damages into the rental. Rental deposit needs to match the duration of tenancy.
The amount of the Earnest Deposit, Security Deposit and Utility Deposit should also be taken into count.
Tenancy Period and Extend Period Option
Although the tenancy period is usually for a fixed period of time, a clear specification is also important to ensure the dealing goes smoothly between the landowner and the tenant. The term and as well as the duration needs to be specified as well. So, include a renewal clause in the legal contract.
The tenancy usually covers a year by year basis. Therefore, it won’t be calculated by the number of months. Any rental for a period of more than 3 years would be considered a lease and not a tenancy.
Similarly to the Real Property Gains Tax (RPGT), when an owner profits from selling a property, a landowner would need to pay a rental income tax when the landowner profits from renting out a property. This might sound sad however, there’s also a positive side to this. The landowner can claim a 50% income tax exemption on the rental income. Albeit that, there are a few criterias:
每个物业每月赚取的租金收入不应超过 RM 2,000
免税仅适用于最长 3 年的课税期
这仅适用于 2018 至 2020 课税年度的租约。
The Tenant’s Responsibility
Apart from the landowner’s obligations, the tenant has a heftier responsibility too. Rent and utility bills should be paid on time and furniture, appliances, and interiors should be maintained accordingly. The tenants should also be aware of problems and structural defects and follow all condominium rules and rules imposed by their landlord.
Rental agreement is important when it comes to rental property as it protects breach of contract and prolonged dispute between two parties as a clearly-worded tenancy agreement could lower the chance of rental disputes.