When renting a property in Malaysia, including Genting Highlands, it's important to understand the general rules and regulations that govern the rental process. Below are the key points for renters and landlords:
1. Rental Agreement (Tenancy Agreement)
Standard Contract: A written tenancy agreement should be signed by both the landlord and the tenant. This document should outline the rights and responsibilities of both parties.
Duration: Typical rental agreements range from 1 to 3 years. If it's a short-term rental (like monthly), this should be specified and agreed by landlord.
Deposit: A security deposit (usually 2 months' rent) and a utility deposit (typically 1 month's rent) are standard in Malaysia. These are refundable at the end of the tenancy, provided no damages or outstanding bills remain.
Notice Period: The agreement should specify the notice period required to terminate the lease (usually 1-3 months).
Renewal: If the tenant wishes to extend the lease, this should be negotiated and written into the agreement.
2. Rental Payment
Monthly Rent: Rent is usually paid monthly in advance, and the payment date should be agreed upon in the contract.
Late Payment Penalty: The agreement should specify the penalties for late payments (typically a percentage of the monthly rent).
Bank Transfers: Most landlords prefer rent payments via bank transfer for record-keeping.
3. Tenant Rights and Responsibilities
Property Maintenance: The tenant is responsible for keeping the property in good condition, but the landlord must ensure major repairs and maintenance (e.g., plumbing, electrical).
Permission for Alterations: Tenants generally need the landlord's consent before making any significant alterations (e.g., painting or installing new fixtures).
Access for Inspections: The landlord is entitled to inspect the property periodically, but they must provide reasonable notice (typically 24 hours).
Subletting: Tenants must seek the landlord's approval before subletting or allowing others to stay in the property.
4. Landlord Rights and Responsibilities
Property Condition: The landlord must ensure the property is habitable and in good condition at the start of the lease.
Repairs and Maintenance: The landlord is responsible for major repairs unless caused by the tenant's negligence or misuse.
Eviction: If tenants violate the terms of the lease (e.g., non-payment of rent), the landlord can initiate eviction proceedings. However, this must be done in accordance with Malaysian law.
5. Legal Framework
Housing Development (Control & Licensing) Act: Governs the development and rental of properties in Malaysia, including ensuring that rental properties meet certain standards.
Strata Titles Act: If the property is part of a condominium or apartment complex, the landlord and tenant must also comply with any rules set by the building's management.
Landlord-Tenant Disputes: Any disputes between landlords and tenants can be resolved through mediation or through the Tribunal for Homebuyers (for housing disputes).
6. Deposit Refund
Condition of Property: The landlord can only withhold part of the deposit if there is damage to the property or outstanding utility bills.
Return of Deposit: The security deposit must be returned to the tenant within 14 days after the end of the tenancy, minus any agreed-upon deductions.
7. Utilities and Other Costs
Utilities: The tenant is generally responsible for paying utilities such as water, electricity, and internet unless otherwise agreed.
Maintenance Fees: For properties in gated communities or condominiums, there may be a monthly maintenance fee which the tenant must cover unless the landlord agrees to absorb this cost.
8. Furnishing and Condition of Property
Furnished or Unfurnished: The agreement should specify whether the property is furnished or unfurnished and list the items provided (e.g., furniture, appliances).
Inventory: If the property is furnished, it’s important to have an inventory list to avoid disputes over missing or damaged items at the end of the lease.
9. Taxation
Rental Income: The landlord is required to declare rental income for tax purposes. Tenants do not need to worry about this, but it’s useful to know that the landlord must be compliant with local tax laws.
10. Other Local Laws
Foreign Tenants: If you're a foreigner, there may be specific restrictions or requirements for renting properties in Malaysia, particularly for properties above a certain price range. It's essential to verify these before signing a lease.
Conclusion
Both tenants and landlords must follow these guidelines to ensure a smooth rental experience. Always read and understand the tenancy agreement before signing, and if any terms are unclear or seem unfair, it's a good idea to seek legal advice. If you need help finding property listings or more specific advice, feel free to ask!
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