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TENANCY AGREEMENT SAMPLE

| Resources | 22/08/2010

DATED THIS                               DAY OF


BETWEEN


THE LANDLORD


MICHEAL


AND


THE TENANT


JOHN


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TENANCY AGREEMENT

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AN AGREEMENT made the day and year stated in Section A between the party whose name and address are stated in Section B (hereinafter called “the Landlord”) which expression shall where the context so admits shall includes his heirs, personal representatives, successors in title and assigns of the one part and the party whose name and address are stated in Section C (hereinafter called “the Tenant”) which expression shall where the context so admits shall include his heirs, personal representatives, successors in title and assigns of the other part.

WHEREAS the landlord is the registered owner of the property more particularly referred to and describe in Section D (hereinafter referred to as “the demised premises”).

NOW IT IS HEREBY AGREED as follows :-

  1. The landlord lets and the Tenant takes the demised premises for the term stipulated in Section E at the rent stipulated in Section F, commencing on the date stipulated in Section G and subject to terms and conditions hereinafter contained.
  2. The Tenant shall upon execution of this Agreement pay the Landlord the sum stipulated in Section H by way of deposit as security for the due observance and performance by the Tenant of the terms and conditions of this Agreement. The said sum shall be maintained at this figure and shall not deemed or treated as payment of rent.
  3. The Tenant hereby covenants with the Landlord as follows :

(a) to pay the rent in advance on or within 30th day and of each and every month in the manner aforesaid.

(b) to keep the demised premises, the flooring or interior plaster or other surface material or rendering on walls and ceilings and the Landlord fixtures thereon including doors, windows, glasses, shutters, locks fastening, electric wires, installations and fittings for the light and power and other fixtures and additions therein in good and tenant able repair and clean condition and to replace or repair any part of the demised premises and the Landlord’s fixture and fitting therein which shall be broken or damaged due to malicious, negligent or careless acts or omission of the Tenant, his servants, agents, invitees or otherwise and further that if any person whomsoever directly or indirectly through the said damage condition of any part of the interior of the demised premises (including flooring, walls, ceilings, doors, windows and other Landlord’s fixtures), suffer any injury, the Tenant shall be wholly responsible therefor and shall fully indemnify the Landlord against all claims, demands, actions, and legal proceedings whatsoever made upon the Landlord by any person in respect thereof.

(c) not to store or bring upon the said demised premises arms, ammunition or unlawful goods, gunpowder or and explosive substance in any part of the demised premises.

(d) to permit the Landlord and the Landlord’s servants, agents and workmen and with all necessary equipments and appliances at all reasonable time to enter upon the demised premises and to view the condition thereof and to do such works and things as may be required for any repairs, alterations or improvements to the demised premises or any other part or parts of the said building and forthwith to repair and amend in a proper and workmanlike manner any defects for which the Tenant is liable and of which written notice shall be given to the Tenant or left in the demised premises and to pay the costs of the Landlord’s surveyors or otherwise in respect of such repairs, alterations or improvement.

(e) not to do or permit to be done upon the demised premises anything which in the opinion of the Landlord may constitute a nuisance.

(f) not to use the demised premises for any illegal unlawful or immoral purpose and not to do or permit to be done any act or thing which may become a nuisance or give reasonable cause for complaint to the Landlord or any other adjoining occupiers and in particular not to use the demised premises as residential only.

(g) forthwith to notify the Landlord in writing of any notices served by any competent authority and with all due speed to comply with the terms of the said notice as are effective and to keep the Landlord indemnified from and against all actions, costs, claims, demands and liability in respect thereof.

(h) not to make or permit to be made any alterations in or additions or partitions to the demised premises or to the Landlord’s fixtures, fittings and decorations wherein without having first obtained the written license and consent of the Landlord therefor and in the event of such license and consent being to carry out at the Tenant’s own expenses such alterations and additions or partitions wit such materials and in such manner and at such time shall be designated by the Landlord and to be carried out by a Contractor approved or appointed by the Landlord and upon the determination of the term hereby created, if so requested by the Landlord, to restore the demised premises to their original state and condition at the expenses of the Tenant.

(i) not allowed to assign under let or part with the possession of the said premises or any part thereof without the consent of the Landlord.

(j) not without the previous consent of the Landlord to affix, paint or otherwise exhibit on the exterior of the demised premises or the windows or any part thereof of any name plate, signboards, placards, posters or advertisements or and flagstaff or other things whatsoever or use the outer wall of the demised premises for the purpose of any public announcements or to exhibit anywhere outside the demised premises any indication of business or otherwise expect upon the written consent of the Landlord and such consent shall not be withheld unreasonably by the Landlord.

(k) not to do or permit or suffer to be done anything whereby the policy or policies insurance on the demised premises against damage by fire may become void or voidable or whereby the premiums thereon may be increased and to make good all damages suffered by the Landlord and to repay to the Landlord on demand all sums paid by them by way of increased premium and all expenses incurred by the Landlord in or about any renewal of such policy or policies rendered necessary by a breach or non-observance of this convenent without prejudice to the rights of the Landlord.

(l) not to install or cause to be installed in the said demised premises any heavy equipment or electrical appliances consuming high voltage without the prior written consent of the Landlord first had and obtained.

(m) at the expiration or sooner determination of the tenancy to yield up the demised premises with the fixtures, fittings and decorations thereto in good and tenant able repair and condition, fair wear and tear expected.

(n) at all times during the term hereby created to comply with all such requirements as may be imposed on the Tenant by Ordinance or Act or Parliament now or hereafter in force and any orders, rules, regulations, requirements and notices thereunder.

(o) at the expiration or sooner determination of the tenancy the Tenant should pay and settle all the outstanding amount such as water and electricity charges and the telephone charges if any, with the relevant government departments before delivering the vacant possession of the said premises and should hand over all the official receipts issued by the relevant government authorities to the Landlord.

(p) to rent the whole premises with the condition as is where is basis.

4. The Landlord hereby convenants with the Tenant as follows :-

(a) to pay all rates, quit rent, maintenance and services charges and assessment imposed on and payable is respect of the demised premises.

(b) to permit the Tenant if he or she punctually pays the rent hereby reserved and other charges and observes the stipulations on his or her part herein contained to peaceably enjoy the demised premises without any interruption or disturbances by the Landlord or those lawfully claiming title under or in trust for them.

PROVIDED ALWAYS and it is expressly agreed as follows :-

(a) if the rent reserved or any part thereof shall at any time be unpaid for seven (7) days after the same shall have become due (whether formally demanded for or not) or any convenant on the Tenant’s part herein contained shall not be performed or observed or if the Tenant shall have a receiving order made against him or her shall have made any assignment for the benefit of his creditors or entered into any agreement or made any arrangements with his creditors by composition or otherwise or suffered any distress or attachment or execution to be levied against his goods or if the Tenant for the time being shall be a company and shall go into liquidation whether compulsory or otherwise expect for the purpose of reconstruction or amalgamation then and in any such cases it shall be lawful for the Landlord at any time thereafter to reenter upon the demised premises or any part thereof in the name of the whole and thereupon the tenancy shall absolutely determine but without prejudice to the right of the Landlord in respect of any antecedent breach of the conditions on the part of the Tenant herein contained.

(b) The Landlord shall at the written request of the Tenant made not less than three (3) months before the expiration of the term hereby created and if there shall not at the time of such requested be accompanied by an existing breach or non-observance to be performed at the Tenant’s expenses to grant to the Tenant a tenancy of the demised premises for a further term and subject to the conditions stipulated in the Section I.

(c) If the Tenant shall unilaterally determine the tenancy before the expiry of the term hereby created, the deposits shall be absolutely forfeited to the Landlord without prejudice to the Landlord’s right of action against the Tenant for damages due to the breach of this Agreement.

5. Any notice or other documents or writing required to be served delivered or given hereunder shall be sufficiently served if left addressed to the Tenant on the demised premises or sent to the Tenant by registered post addressed to the Tenant’s last last known address in Malaysia and any notice document or writing to the Landlord shall be sufficiently served if sent by registered post to the Landlord’s last known address.

6. The costs and expenses of and incidental to this Agreement including stamp duty registration fees and disbursements shall be paid by the Tenant.

7. The agreement hereby created shall absolutely determine and vacant possession of the said property shall be delivered by the Tenant to the Landlord if and when the land on which the said property now stands shall be required or acquired by the Government for development, public utility or other purposes.

8. Time whenever mentioned shall be of the essence.

9. The Schedule and Special Conditions shall be taken read and construed as an essential part of this Agreement.

10. This Agreement shall be binding upon the respective heirs, personal representatives, successors in title and assigns of the Landlord and Tenant.

11. Masculine gender expressions shall be taken to include the feminine and neuter gender.

12. Singular expressions shall be taken to also include plural expressions.

IN WITNESS WHERE OF the parties hereto have hereunto set their hands the day and year set out in Section A hereto.

SIGNED AND DELIVERED by

MICHEAL

In the presence of

Name :

I/C No. :

SIGNED AND DELIVERED by

JOHN

In the presence of

Name :

I/C No. :

THE SCHEDULE ABOVE REFERRED TO :

(Which is part of this Agreement)

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SECTION A : The day and year of this Agreement

01 Jan 2000

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SECTION B : Name and Address of the Landlord

NAME : MICHEAL

NRIC NO : 123456-78-0000

ADDRESS : NO 1, NORTH STREET, 47100 SELANGOR.

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SECTION C :  Name and Address of the Tenant

NAME : JOHN

NRIC NO : 123456-78-0000

ADDRESS : NO 2, NORTH STREET, 47100 SELANGOR.

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SECTION D :  Description of the demised premises

UNIT 1-2-3, JUN CONDO, JALAN MUTIARA, SELANGOR 47100.

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SECTION E :  Term of Lease

ONE (1) YEAR

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SECTION F : Rental

RM 900.00 (RINGGIT MALAYSIA : NINE HUNDRED ONLY) PER MONTH

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SECTION G :  Date of Commencement & Expiry of the Tenancy

COMMENCING ON : 01 JAN 2000

EXPIRY ON : 01 JAN 2001

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SECTION H :  Deposit

RM1,800.00 (RINGGIT MALAYSIA : ONE THOUSAND EIGHT HUNDRED ONLY) BEING TWO MONTHS RENTAL SHALL BE PAID BY THE TENANT TO THE LANDLORD UPON SIGNING THIS AGREEMENT.

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SECTION I : Option for Renewal Rent

TWO (2) MONTHS WRITTEN NOTICE IN ADVANCE BY THE TENANT BEFORE THE TENANCY EXPIRES AS PER SECTION G ABOVE FOR A FURTHER TERM OF ONE (1) YEAR AT A RENTAL OF WHICH AGREED BY BOTH PARTIES.

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SECTION K :  Utility

(A) RM 400.00 (RINGGIT MALAYSIA : FOUR HUNDRED ONLY) BEING DEPOSIT FOR WATER AND ELECTRICITY CHARGES SHALL BE PAID BY THE TENANT TO THE LANDLORD UPON SIGNING THIS AGREEMENT.

(B) THE TENANT SHOULD COMPLY WITH CLAUSE 3(o) OF THIS AGREEMENT.

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