Tenancy Agreements Malaysia, part 3

https://www.nst.com.my/property/2018/06/382779/obligations-tenants-landlords

By NST PROPERTY – June 22, 2018 @ 1:27pm
THIS is the third of a four-series article intended as a simple guide to tenancy agreements for landlords who wish to rent. It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as reference.
TENANT’S COVENANT
The tenant hereby covenants with the landlord as follows:
1. Pay the rent on time
To pay the reserved rent on the days and in the manner aforesaid.
2. Pay the bills on time
To pay all charges in respect of water, electricity and gas consumed on the demised premises, including sewerage charges and all other utilities supplied to the demised premises according to the meters thereon and all charges for telephone (if any).
3. Take care of the fittings and furniture
During the term of tenancy, to keep the demised premises, the furniture, fixtures and fittings listed in the inventory hereto (if any) together with any additions thereto in a good and tenantable repair and condition (normal wear and tear accepted).
4. Not to run a business in the property
To use the demised premises as a place of residence in the occupation of one family only.
5. Follow the property management rules
To observe all the house rules and regulations made by the management of the complex (if any).
6. Do not use the property for anything illegal
Not to use the demised premises or permit or suffer the demised premises to be used for any unlawful or immoral purposes.
7. Do not annoy the neighbours
Not to suffer or permit anything to be in or upon the demised premises or any part thereof which may or is likely to be a nuisance, annoyance or danger to the owners and/or occupiers of adjacent and/or nearby units and premises and to indemnify the landlord in respect of any claims arising there from.
8. Keep the interior in good repair
At all times, to keep and maintain the interior thereof, including all doors, windows, glass, shutters, locks and fastenings and other furniture fixture fittings and additions thereto in good and tenantable repair and decorative condition and to replace and substitute the electric/fluorescent bulbs and all repair and maintenance below RM150 at its own costs during the term of tenancy.
9.Not modify or renovate anything without landlord’s permission
Not to make or permit any alteration in the construction or structure of the demised premises nor to cut, alter or injure any of the walls, timbers or floors of the demised premises nor to hack any holes or drive anything whatsoever into the walls or to bore any holes into the ceiling without the previous written consent of the landlord and if the teak timber finish of the floor (if any) is scratched and/or damaged, to varnish and restore the same to its original condition upon termination of this agreement.
10. Let the landlord know of structural problems
Forthwith to give the landlord notice in writing of any structural defects in the demised premises.
11. To repair or replace any damaged or lost items
To replace at the expiration or sooner determination of the term of tenancy such of the landlord’s furniture, fixtures and fittings and other property within the demised premises, as may have become damaged or lost by direct substitution in equivalent value and quality.
12. Not hold the landlord responsible for injury or damage
Save in so far as the Landlord is made liable therefore by statute not to hold the landlord liable for any accident damage or injury caused to the tenant, his servants, agents, licensees and invitees on the demised premises, which may happen as a result of the negligence improper management, breakage or want of repair of any part of the demised premises or any fittings, fixtures furniture and/or equipment therein and to indemnify the landlord for all damages arising therefrom.
13. Allow entry for inspection and repairs
To permit the landlord and his duly authorised representatives upon giving seven days prior notice in writing at all reasonable times to enter upon and examine the condition of the demised premises, whereupon the landlord shall be entitled to serve upon the tenant a notice in writing specifying therein any repairs necessary to be carried out and requiring the tenant to forthwith to execute the same and if the tenant shall not within 14 days after service of such notice proceed diligently with the execution of such repairs or works then the landlord with or without workmen and others shall be entitled to enter upon the demised premises and execute the repairs and the tenant agrees that the costs thereof shall be a debt due from the tenant to the landlord and be forthwith recoverable by action.
14. No subletting
Not at any time during the term of tenancy without the consent in writing of the landlord to assign, sub-let or otherwise part with the possession of the demised premises or any part thereof or permit of suffer any other person or persons to hold or occupy the same or any part thereof.
15. Not do anything that may impact
the insurance
Not to do or permit to be done on the demised premises anything which may or will infringe
any of the laws, bye-laws or regulations made by the government or any competent authority affecting the demised premises or where the policy or policies of insurance against loss or damage by fire may become void or voidable or where the rate or rates of premium payable thereon may be increased and to repay the landlord all sums paid by way of an increased premium.
16. Maintain the air-conditioning units
To maintain and service all the air-conditioning units (if any) within the demised premises as and when necessary during the term of tenancy at the tenant’s own costs. Provided always nothing herein shall make it incumbent on the tenant to compensate for any major replacement or extensive repairs to the air-conditioning units save and except where replacement or repairs are caused by the negligence of or misuse by the tenant, its servants and/or agents or through lack of maintenance. Tenant to service the air-conditioning units during the tenure period every once a year.
17. Insure tenant’s own belongings
To insure his own valuables and belongings, including all additional furnishings fixtures and fittings brought thereon the demised premises against loss and damage by fire or theft during the term of tenancy.
18. Give back the property and interiors in good condition
At the expiration or sooner determination of the term of tenancy hereby created to peaceably and quietly yield up the demised premises to the landlord with all the furniture, fixtures and fittings (except the tenant’s fixtures and fittings) therein in tenantable repair in accordance with the tenant’s covenants herein before contained.
19. Allow viewings near the end of the tenancy
During four clear weeks immediately preceding the termination of the tenancy unless the tenant shall have given notice of his intention to renew the tenancy as hereinafter provided, to permit persons with the written authority from the landlord at all reasonable times of the day to view the demised premises for the purpose of letting the same.

OBLIGATIONS OF THE LANDLORD
The next section covers the responsibilities and obligations of the landlord. We have added a side column to explain what each clause means in simpler terms.
Example:
Landlord’s covenant
The landlord hereby covenants with the tenant as follows:
1. Pay property tax
To pay the quit rent assessment, service charges and other outgoing relating to the demised premises other than those herein agreed to be paid by the tenant.
2. Insure the property
To insure and keep insured the demised premises, furnishings, fixtures and fittings belonging to the landlord against loss and damage by fire during the term of tenancy.
3. Leave the tenant alone
Upon the tenant paying the rent hereby reserved and observing and performing the covenants, obligations and stipulations herein on his part contained, to allow the tenant to peaceably hold and enjoy the demised premises without any interruption from the landlord or any persons rightfully claiming through under or in trust for him.
4. Ensure appliances are working
To ensure that all the electrical appliances supplied as listed in the inventory are in good working order at the commencement date of this agreement.
This article is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.
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