Sample Tenancy Agreement

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DATED THIS DAY OF 2012 **********************************************

BETWEEN

...............................

AND

..............................

TENANCY AGREEMENT

AN AGREEMENT made this day of (hereinafter referred to as THE LANDLORD) AND ........................................ (Republic of

2012 between of the one part ........ Passport

No: ..........) c/o Unit No. B18-07 Desa Putra Condo, (hereinafter referred to as THE TENANT) of the other part. WHEREAS the Landlord, the registered proprietor lets and the Tenant takes ALL THOSE premises known Unit No., (hereinafter referred to as THE SAID PREMISES) situated upon and being part of the building currently known as DESA PUTRA (hereinafter referred to as THE BUILDING COMPLEX) together with furniture, fixtures and fittings therein as set out in the inventory attached hereto (hereinafter referred to as FURNITURE, FIXTURES AND FITTINGS) and together with the use in common with the Landlord, the Tenant and occupiers of the other premises in The Building Complex of the entrance hall, passages, stairs, passenger lifts and other common amenities in The Building Complex. WHEREAS The Landlord is desirous of letting the said Premises and the Tenant is desirous of renting the said Premises. NOW THIS AGREEMENT WITNESSETH as follows:1. The Landlord lets and the Tenant takes a tenancy of the said Premises for a period of one (1) year with effect from ....... March 2012 to .... March 2013 (hereinafter referred to as THE TERM) at a rental of Ringgit Malaysia Three Thousand Only (RM3,000.00) per month which includes furniture, fixtures and fittings and is payable monthly in advance. The rental is inclusive of service charges payable to the management of The Building Complex during the Term of this tenancy agreement but excludes all charges (wherever applicable) incurred by the Tenant for any services provided by any concessionaires/licensees/tenants carrying out any business in the common property of The Building Complex. 2. The Tenant shall on the execution of this Agreement pay to the Landlord a sum of Ringgit Malaysia Nine Thousand only (RM9, 000.00) only being two (2) months rental deposit and one (1) month rent in advance and Ringgit Malaysia One Thousand Five Hundred only (RM1,500.00) being utilities deposit (i.e. electricity, water and sewerage) and for the due observance and performance of the terms and conditions herein.

The sum of Ringgit Malaysia Seven Thousand Five Hundred only (RM7,500.00) only being rental and utilities deposit shall be maintained at this figure and shall not be taken to be or treated as payment towards rental or utilities and upon the determination of this Tenancy the said sum shall be refunded to the Tenant within 14

days free of interest less such sum or sums including outstanding water, electricity and sewerage bills then due to the Landlord as hereinafter provided. 3. THE TENANT HEREBY COVENANTS WITH THE LANDLORD AS FOLLOWS:a) b) To pay the reserved rent on the 10th day of each month in advance for the following month To pay and discharge all charges from the commencement of this Tenancy for the supply of electricity, water and sewerage charged by the Local Authority or other competent Authority or the Management Corporation in respect of the said Premises; To use and occupy the said Premises for residential purposes only; Not to keep in the said premises any dog or other animal or bird or pet if the keeping thereof is objected by the Landlord and/or his authorised agent OR the Management Corporation of The Building Complex. Not to do or permit to be done on the said Premises anything which will or may infringe any of the laws, by-laws or regulations made by the Government, the local Council or any other competent authority affecting the said Premises; Not to keep or permit to be kept on the said Premises or on any part thereof any materials of a dangerous or explosive nature, the keeping of which may contravene and/or breach any local statute or regulations whereby the Landlord shall be exposed to penalty, fine and forfeiture or in respect of which an increased rate of insurance may be required; Not to assign sublet or part with the possession of the said Premises or any part thereof without obtaining the prior written consent of the Landlord; To permit the Landlord and/or his authorised agent(s) with or without workmen and appliances at all reasonable times to enter upon the said Premises and to view the condition thereof and to take inventory of the Landlords furniture, fixtures and fittings therein and to do structural repairs to the said Premises at the cost of the Landlord provided that the Landlord shall except in the case of extreme urgency for the purpose of protecting the safety of the said Premises or human lives give the Tenant not less than one (1) days notice in advance of such entry; To permit the Landlord and or his authorised agent(s) within two (2) calendar months prior to the expiry of the Term hereby created, upon prior appointment to bring prospective tenants/purchasers to view the said Premises for the purpose

c) d)

e)

f)

g)

h)

i)

of letting/selling the same, in which case the sale would be subject to terms and conditions hereby created; j) Subject to Clause 5 (b) at all times during the Term keep the said Premises in good and substantial repair and to do all repairs except structural works necessary to put and keep the same in such repair and condition (reasonable wear and tear and damage by termites, fire or tempest only excepted); Without prejudice to any other provisions of this tenancy agreement, to indemnify the Landlord against all costs, claims, damages and expenses incurred by the Landlord as a result of breach by the Tenant of any of the terms, conditions and or covenants contained herein. Not to make or permit to be made any alterations, renovations and or additions to the said Premises without the prior consent in writing of the Landlord; If any additions, renovations and or alterations are made to the said Premises with the written consent of the Landlord, the Tenant shall at his own cost reinstate the said Premises to its original condition at the expiration or sooner determination of the Tenancy if so requested by the Landlord, but if no such request is made the Tenant shall not remove any alterations or additions made to the said Premises and shall not be entitled to any payment from the Landlord; Not to erect or permit to project outside the said Premises any radio or television aerial or antenna or any other similar devices or equipment nor do or permit to be done anything to the external walls of the said Premises or the building in which the said Premises are comprised which may in the opinion of the Landlord affect the appearance of the building or which may be objected by the Management Corporation of The Building Complex. Not to remove any of the said furniture, fixtures and fittings from the said Premises for any purpose whatsoever and to replace any thereof if damaged, missing, broken and destroyed by action of the Tenant with others of the same quality, value and description or at the Tenants election to pay the Landlord the replacement cost of any such;

k)

l)

m)

n)

o)

p)

Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the said Premises against damage by fire may become void or voidable or whereby the rate of premium thereon might be increased and to repay to the Landlord all sums paid by way of increased premiums and

all expenses incurred in or about any renewal of such policy or policies rendered necessary by a breach of this covenant and any such payments shall be added to the rent hereby reserved and be recoverable as rent; q) Not to damage or deface or cause or permit any servant agent or invitee of the Tenant or the employees of such agent or invitee to damage or to deface any part of the said Premises and The Building Complex and common areas thereof including the water closets, lavatories and conveniences of which the Tenant has the use by any act or means whatsoever and to forthwith repair and make good or to pay to the Landlord for the cost of making good such damage or defacement; To indemnify the Landlord against all costs, claims, damages and expenses incurred by the Landlord as a result of the breach by the Tenant of any of the terms, conditions and covenants contained herein; At the expiration or sooner determination of this Tenancy to peacefully surrender and yield up to the Landlord the said Premises with addition thereto, if any, in good and substantial repair and condition in accordance with the foregoing covenants. At the expiration or earlier lawful determination of the tenancy agreement hereby created to deliver up to the Landlord vacant possession of the said Premises in a clean and tenantable condition together with all keys and original furniture, fixtures and fittings if any described in the Inventory attached therein to the said Premises.

r)

s)

t)

4.

THE LANDLORD HEREBY COVENANT WITH THE TENANT AS FOLLOWS:a) That the Tenant duly paying the rent hereby reserved and observing and performing the several covenants and stipulations herein contained shall peaceably hold and enjoy the said term without any disturbance by the Landlord or any person lawfully claiming under or in trust for the Landlord; At all times throughout the Term to keep the said Premises insured against loss or damage by fire and to pay all premiums incurred but the Tenant shall be responsible for the insurance of his own goods and properties kept therein the said Premises;

b)

c)

To pay and discharge all quit rent, rates, assessments and other outgoings now or hereafter to be imposed on or payable in respect of the said Premises other than those hereinbefore covenanted to be paid by the Tenant;

d)

To maintain and keep the main structure of the said Premises in good repair condition including ceilings, roofs, walls, wires, and sanitation or water apparatus in or around the said Premises throughout the Term. Any blockages in the piping will be the responsibility of the Tenant if due to the fault of the Tenant. The Landlord shall commence repair or replacement work on any reasonable request made by the Tenant within two (2) weeks of the date of such request, failing which the Tenant shall obtain a quote for the repair and with the approval of the Landlord proceed with the work and the costs incurred thereby shall be deductible from the rent payable therein.

e)

5.

PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED as follows:-

a) If the rent hereby reserved or any part thereof shall be in arrears and unpaid for more than fourteen (14) days after the same shall have become due (whether formally demanded or not) or if any breach or failure to observe any covenant on the Tenants part contained herein shall not be remedied observed or performed after the expiry of (14) days upon service of a notice on the Tenant by the Landlord pursuant to Section 235 of the National Land Code or if the Tenant shall become a bankrupt or suffer any distress or attachment or execution to be levied against his goods it shall be lawful for the Landlord and/or her agent(s) at any time thereafter be at liberty to re-enter upon the said Premises or any part thereof and resume possession of the furniture, fixtures and fittings and thereupon this tenancy shall absolutely be determined but without prejudice to the right and action of the Landlord in respect of any antecedent breach of this tenancy agreement on the part of the Tenant herein contained. The Landlord shall also have the right to terminate this tenancy agreement and to deduct any such sum or sums as the case may be due to the Landlord from the deposit sum of Ringgit Malaysia Seven Thousand Five Hundred only (RM7,500.00) and the balance (if any) refunded to the Tenant within fourteen (14) days; b) If the said Premises or any part thereof shall be at any time during the Term of this Tenancy be destroyed or damaged by fire or otherwise so as to render the said Premises unfit for occupation or use and if the said Premises or any part thereof is not rendered fit for occupation or use for more than one (1) month, the Tenant may determine the Tenancy by giving notice in writing but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant. In the event of the determination as aforesaid the deposit sum referred to in Clause 2 of the Agreement only less such moneys as may be found to be owing or payable by the Tenant to the Landlord by virtue of the provisions herein contained shall forthwith without demand be refunded by the Landlord to the Tenant within fourteen (14) days from the date of such determination; c) If the Tenant shall be desirous of taking a tenancy of the said Premises for a further period from the expiration of the term hereby granted and shall not less than two (2) months before the expiration of the term give to the Landlord notice in writing of such desire or intention and if the Tenant

shall have observed the terms and conditions herein contained and on the Tenants part to be observed and performed then the Landlord shall grant to the Tenant a tenancy of the said Premises for a further period on the same terms and conditions as herein contained, except for the rental which shall be agreed to by both parties hereto and this provision for renewal. d) Any notice requiring to be served hereunder shall be in writing and shall be sufficiently served on the Tenant if left addressed to him on the said Premises or forwarded to him by registered post to his last known address and any notice to the Landlord shall be sufficiently served if sent by registered post or delivered personally to the Landlord at the address herein given or to his authorised agents. e) In this Tenancy where the context so admits: i) The expressions the Landlord and Tenant include the respective successors personal representatives and assigns of the Landlord and the Tenant; ii) Words importing the masculine gender only include the feminine and neuter genders and works importing the singular number only include the plural and vice-versa; f) All disbursements for the preparation of the Tenancy Agreement shall be borne and paid for by the Tenant. g) This tenancy agreement is governed by the laws of Malaysia and parties irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia. This tenancy agreement may be executed in separate counterparts and such counterparts when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement.

h)

IN WITNESS WHEREOF the parties hereto have set their hands on the day and year first above written. SIGNED by OWNER ) ) ) )

SIGNED by

TENANT

) ) ) )

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