Normally, how do you go about making the tenancy agreement when you rent out your property?

get a conveyancing lawyer to do it for u.....

If you wish to know more, you can drop a note at my email hfchuraymond@yahoo.com.
Some guidelines unless the full presentation which would have to be put to a fee.

I am just amazed regarding this tenancy agreement and stuff there in Malaysia. It really seems to be a prerequisite when one wants to rent a property. By the way, is this tenancy agreement really pertains to a document? Or verbal with some witness or stuff?

Of course these agreement needs black and white. So it is easy to track if there is anything happen next.

Hello there,

anyone who is looking for someone to draft a tenancy agreement can call me at

013-3157339 Matthew Lee

how much does it cost to stamp the tenancy agreement? rental of 1200/month.

If the tenancy is for 12 months, then, the
calculation would be something like this :-

(RM1,200 - RM200)x 12 months divided by 250
RM1000 x 12 divided by 250
RM48.00

If not mistaken, stamp duty is only incurred for rental exceeding RM200 per month.
The rate of stamp duty is that out of the total rental collected,
for every RM250, RM1 will be incurred towards stamp duty.

ic..then the rm48 apply to original TA rights? if i make 2agreement..1original and other copy..the copy TA just stamp rm10?? or i can just photocopy the original TA ?

The reason why there is stamped copy be it, duplicate, triplicate or even quadplicate copy for RM10 is that all other stamped copies apart from the original is accepted as a stamped copy equivalent to the original.

Since only one original is used as the 'base' copy, the other stamped copies should be identical and be given the validity just like the original.

A photostated copy of the original if identical is good.

Unless the same copy is not identical with the original, ( depends on honesty ), this should not be much of a problem. My understanding is that, the proof of stamping if imprinted also in the duplicate copy at RM10 will add some confidence to both parties.

Hi, May I double check how much should the tenant paid for the tenancy agreement fee for rent of RM1200 for 12 month renting? thanks

RM48 Stamping Fee.
RM10 Copy.
RM58 in total.

Cost for preparation of tenancy agreement varies from agency to agency.

As a general guide, the legal fees for a tenancy agreement should be reasonably affordable by the parties concerned, preferably within RM300 more or less for a tenancy agreement.

Disbursements will include stamp duty, printing costs and misc. Nowadays, estamping is available online.
However, for those who prefer the franking stamping, then, a trip to the stamp office LHDN would incur some travelling expenses.

Actually, franking stamping is sufficient and efficent. To improve on the digital format, a softcopy can be scanned (although this is not so with the LHDN) and this is especially true for those who wish to preserve the signed copies bearing their respective series number and date imprint on the hardcopies.

In this way, the parties who wish to stamp their agreements can also save on the cost of legal fees since only disbursements for stamping is incurred.

Ooo..ic
normally who will keep the original tenancy agreement ? Lawyer / owner / agent?

If the term used for original means the endorsed stamped mark imprinted on to the paper of the agreement, then, that becomes the original endorsement from the franking machine placing its imprinted mark of endorsement on paper from machine to paper as the only ONE COMPLETE COURSE OF STAMPING NONE OTHER THAN BY THE MACHINE USED RUNNING IN SERIES NUMBER at the LHDN office together with the receipt ( however this is usually neglected ).

That makes the original TURE ORIGINAL UNDISPUTED AT ALL TIMES FOR ALL TIMES TO COME !

Guess that superbly answer all questions at al times for all times to come as well.

If read correctly, all parties involved ie. lawyer, owner and tenant should be keeping one original from the fully paid stamped duty agreement which are all running in series together as one set of originals.

Is it a must to get the agreement stamp?

What is the consequences for not stamping the agreement?

Good tenants and landlords will stamped their tenancy agreement.

This is a basic administrative procedure that completes the tenancy agreement effectively
which is evidently correct.

The opposite of evidently correct is that the agreement is not administratively admissible
since the stamping is not done. The longer one delays stamping, the more stamp avoidance becomes
evidently clear.

Unless the administration is not applicable due to misleading or confusing statements, unlikely,
stamping is not done.

At most, a late penalty. However, this is subject to opinions.

can the tenancy be done for half year instead of a year ? how bout the stamping fee? calculated only for 6month rite ?

Yes, you can have a monthly tenancy which is for six (6) months.

The calculation for stamp duty is as follows :-

(one month rental - RM200) x 6 months divided by RM250

You will find that the stamp duty is half of the proportionate
amount of stamp duty calculated for one year rental.

However, in the event you need to renew for another six months,
then, you may have to sign on a new tenancy agreement again at
the end of the 6th month. Another restamping.

Hence, repeating twice the same process for another six months.

Hey, Can I say that the stamping fees is pay by Tenant?

Raymond Chu wrote:
Yes, you can have a monthly tenancy which is for six (6) months.

The calculation for stamp duty is as follows :-

(one month rental - RM200) x 6 months divided by RM250

You will find that the stamp duty is half of the proportionate
amount of stamp duty calculated for one year rental.

However, in the event you need to renew for another six months,
then, you may have to sign on a new tenancy agreement again at
the end of the 6th month. Another restamping.

Hence, repeating twice the same process for another six months.

Follow the tenancy agreement.

If the tenancy agreement is silent, usually the landlord will have to pay for the stamping fees on renewal.

Raymond Chu, thanks for your reply.

Maybe I know is the meaning of Tenancy Agreement Silent?

ie. when it is not stated that Tenant has to bear stamping fee

For added information, stamp duty on tenancy agreement is preferred to be borne by the landlord.

If one is not thinking of sub-letting, then, usually confidence and good faith is maintained by so doing.

No point in giving a wrong signal by letting the tenant assumed sub-letting is permissible should the tenant bear the cost of stamping.

However, all Indah water charges, water and electricity bills will be borne by the tenant.

Thanks for your info.

It is alright. The neighbourhood priciple applies.

After all, 'Malaysia boleh' is Malaysia boleh.

That's why we are really boleh !

I agree with Mr. Raymond Chu as stated on his post below. We do the same here in the Philippines. However, there will be no sub-lease provision on the house rented/leased.

Raymond Chu wrote:
For added information, stamp duty on tenancy agreement is preferred to be borne by the landlord.

If one is not thinking of sub-letting, then, usually confidence and good faith is maintained by so doing.

No point in giving a wrong signal by letting the tenant assumed sub-letting is permissible should the tenant bear the cost of stamping.

However, all Indah water charges, water and electricity bills will be borne by the tenant.

Very informative indeed!

By the way, if i may asked, whats "boleh" means?


Raymond Chu wrote:
It is alright. The neighbourhood priciple applies.

After all, 'Malaysia boleh' is Malaysia boleh.

That's why we are really boleh !

Very informative indeed!

By the way, if i may asked, whats "boleh" means?


Raymond Chu wrote:
It is alright. The neighbourhood priciple applies.

After all, 'Malaysia boleh' is Malaysia boleh.

That's why we are really boleh !

That is a captivating slogan for anything goes,
that is if it goes well !

In reality, you have to try your luck if you have any.

Isn't that why you ask in the first place ?