Landlord vs Tenant Rights in Malaysia: Who Is Responsible for What

In Malaysia, landlords must maintain the structure and major systems of a rented property, while tenants are responsible for keeping the interior clean and undamaged. The catch: Malaysia has no dedicated Residential Tenancy Act as of mid-2026, so almost everything else is governed by whatever your tenancy agreement says, plus general contract law under the Contracts Act 1950.

The legal reality: no dedicated tenancy act (yet)

Malaysia’s proposed Residential Tenancy Act (RTA) has been in draft form since at least 2020. KPKT (Ministry of Housing and Local Government) confirmed in 2025 that the bill is in final review stages, with parliamentary tabling expected in 2026, though no royal assent date has been announced. Until that bill passes, tenant and landlord rights come from three sources:

1. The signed tenancy agreement (the dominant source)
2. General contract law under the Contracts Act 1950
3. Common law principles inherited from English law, including the right to “quiet enjoyment”

This means a well-drafted agreement protects both sides far more than any default legal rule does.

What landlords are responsible for

Structure and major systems

Even without a tenancy act, Malaysian courts and legal practice generally hold landlords responsible for:

• The structural integrity of the building: roof, walls, foundations, external windows and doors
• Plumbing and sewerage systems (pipes, water heaters, water tanks)
• Electrical wiring and the main distribution board
• Built-in fixtures provided by the landlord at the start of the tenancy (air-conditioners, water heaters, kitchen cabinets)
• Common area maintenance in strata properties (lifts, corridors, car parks), this falls under the Strata Management Act 2013 and is the responsibility of the Joint Management Body (JMB) or Management Corporation (MC), which is funded by maintenance fees the landlord pays

Statutory duties that cannot be contracted away

Regardless of what the tenancy agreement says, a landlord must:

• Pay quit rent (cukai tanah) and assessment tax (cukai taksiran). These are ownership costs. A landlord may ask the tenant to reimburse assessment tax via the monthly rent, but only if the agreement says so.
• Stamp the tenancy agreement via LHDN’s e-Duti Setem within 30 days. From 1 January 2025 the previous RM 2,400 annual rent exemption was removed, so all agreements now attract stamp duty (LHDN, 2025). Late stamping costs RM 50 or 10% of duty (within 3 months) rising to RM 100 or 20% beyond 3 months.
• Not evict unlawfully. Cutting utilities, changing locks, or removing belongings without a court order is illegal even for unpaid rent.
• Declare rental income to LHDN. Deductible expenses include quit rent, assessment, repairs, insurance, and management fees.

What tenants are responsible for

Day-to-day upkeep

Tenants are expected to:

• Keep the interior clean and in reasonable condition
• Replace consumables: light bulbs, fuses, tap washers, toilet seats
• Carry out minor repairs caused by their own use or negligence (a cracked tile from a dropped item, for example)
• Pay utilities (electricity, water, internet) unless the agreement says otherwise
• Pay the utility deposit, typically half a month’s rent, required by Tenaga Nasional Berhad or Syabas/Air Selangor at the point of registration

The fair wear and tear principle

“Fair wear and tear” is the key phrase in every deposit dispute. It means the gradual, inevitable deterioration of a property from normal daily use, not damage from misuse or neglect.

Condition	Fair wear and tear (landlord absorbs)	Tenant’s liability
Paint fading or minor scuff marks	Yes	No
Carpet thinning from foot traffic	Yes	No
Holes in walls from hanging pictures	Borderline (small, normal)	Yes (if excessive)
Stained or burned carpet	No	Yes
Broken window from a thrown object	No	Yes
Rusted tap fittings after 3 years	Yes	No
Mould from poor ventilation by tenant	No	Yes
Mould from structural roof leak	Yes (landlord’s defect)	No

When the tenancy ends, the landlord may deduct from the security deposit only for damage beyond fair wear and tear, outstanding rent, and unpaid utility bills. The balance should be returned within 30 days of vacant possession, though the tenancy agreement may specify a different period.

The security deposit: how it works

A standard Malaysian tenancy carries:

• Security deposit: 2 months’ rent (refundable, subject to deductions)
• Utility deposit: half a month’s rent (refundable, covers outstanding utility bills)
• Advance rental: 1 month’s rent (this is not a deposit; it is prepaid rent for the last month)

At handover, both parties should walk through the property together and record the condition in an inventory checklist. Photographs with timestamps are the single most useful piece of evidence in any deposit dispute. Without them, disputes are almost impossible to resolve fairly.

Access to the property

The landlord owns the property but does not have unrestricted access once a tenant is in occupation. The right to quiet enjoyment, recognised under common law, means:

• The landlord must give reasonable advance notice before entering, typically 24 to 48 hours, unless the tenancy agreement specifies a different period
• Entry should be at a reasonable time (normal waking hours)
• Entry without notice is only justified in genuine emergencies: burst pipe, fire, suspected gas leak

If the landlord enters without permission repeatedly, this can be treated as a breach of the tenancy agreement, giving the tenant grounds to terminate early.

Fixtures and alterations

What tenants may not do without permission

• Drill or make structural changes
• Paint walls a different colour (unless the agreement permits it)
• Install satellite dishes, grilles, or awnings that require drilling
• Remove built-in furniture or appliances provided by the landlord

What tenants may do

• Install removable items such as curtain rods, picture hooks, and freestanding shelves, provided the agreement does not prohibit it
• Make temporary decorative changes that can be reversed at end of tenancy

At the end of the tenancy, the tenant is expected to reinstate the property to its original condition, meaning any permitted alterations should be reversed unless the landlord agrees in writing to keep them.

Subletting, early exit, and disputes

Subletting: unless the agreement expressly allows it, tenants may not sublet or list the property on short-term rental platforms. Doing so breaches the agreement and may violate strata by-laws under the Strata Management Act 2013.

Early termination: a tenant who exits early typically forfeits the security deposit and may owe rent for the remaining term. A diplomatic clause (break clause) allows either party to exit after a minimum period, usually 12 months into a 24-month tenancy, with one to two months’ written notice. A landlord who terminates without cause must refund all deposits and may owe compensation.

Disputes: with no Tenancy Tribunal yet, go through negotiation first, then the Consumer Claims Tribunal (up to RM 50,000), and finally the civil courts (Magistrates’ Court up to RM 100,000). AKPK offers free financial counselling if a rental dispute is creating debt pressure.

Key takeaways

• Malaysia has no Residential Tenancy Act yet. Your tenancy agreement is the primary protection for both sides.
• Landlords own structural and system repairs; tenants own daily upkeep and their own damage.
• Fair wear and tear is the landlord’s cost. Only actual damage beyond normal use justifies deposit deductions.
• All tenancy agreements attract stamp duty from January 2025. Stamp within 30 days to avoid LHDN penalties.
• Quiet enjoyment is a legal right: 24 hours’ notice before landlord entry is the accepted standard.
• Photograph everything at move-in and move-out. Timestamped images are the best defence in any deposit dispute.
• The proposed RTA would bring mandatory written agreements, capped deposits, and a Tenancy Tribunal. Watch KPKT for updates.

Frequently asked questions

Who pays for a broken water heater?

If the landlord provided it and it fails from normal wear, the landlord repairs or replaces it. If the tenant damaged it through misuse, the tenant pays. When the agreement is silent, the principle is that landlord-provided fixtures are the landlord’s responsibility.

Can a landlord evict a tenant immediately for not paying rent?

No. The landlord must issue a formal demand and apply to the civil court for an eviction order. Changing locks, cutting utilities, or removing property without a court order is illegal, even for genuine non-payment.

What is a reasonable notice period for entry?

There is no statutory minimum yet. Twenty-four hours’ written notice, with entry during normal working hours, is the accepted standard. Entry without notice is acceptable only in genuine emergencies (burst pipe, fire, gas leak).

How long does a landlord have to return the deposit?

Most agreements specify 14 to 30 days after vacant possession. Courts generally treat 30 days as the benchmark where the agreement is silent. Deductions must be itemised with supporting invoices.

Does the tenant need to repaint before moving out?

Only if the agreement requires it, or the tenant painted without permission and the landlord requests reinstatement. Normal fading over a one- to two-year tenancy is fair wear and tear and cannot be charged back.

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Related reading: Renting vs Buying in Malaysia | Quit Rent, Assessment and Parcel Rent Explained | Stamp Duty on Tenancy Agreements Malaysia