The bond between a tenant and a landlord is one-of-a-kind; it necessitates mutual agreement as well as good collaboration in order to settle any rental concerns quickly. Even while this is important, it does not imply that you must always agree and say yes to your landlord. Before renting, learn about tenant rights in Malaysia before renting.
If you’re a renter, you should be aware that renting a house comes with a slew of legal responsibilities. Those requirements are in place to safeguard not just your landlord and the unit, but also you as a tenant, which is why it’s important to comprehend the provisions you’re signing and what they mean to you as a tenant.
Landlord and tenant legislation, as well as any lease or tenancy agreement you have with your landlord, determine your basic legal tenant rights.
The majority of a tenant’s rights in Malaysia are outlined in residential tenancy legislation. The Law Reform Commission maintains a consolidated version of the Residential Tenancies Act 2004, which includes all of the 2004 Act’s amendments.
Nobody wants to be in a horrible renting situation. To assist you better understand the rights of tenants that you need to know, we’ve identified 7 scenarios in which you can apply your right to say no to your landlord.
The Top 7 Tenant Rights Every Room Renter Should Know in Malaysia
Many Malaysians have chosen to rent because it is difficult to locate an inexpensive and pleasant house in the cities. This, however, is not without its drawbacks. Conflicts and disagreements with your landlord might emerge, especially if you are unaware of tenants rights. If you are presently renting or want to rent in the future, familiarize yourself with your tenant rights by reading the information below.
1. Putting A Deal Together Based On An Oral Agreement
You can never close a transaction over the phone! You may want to put your faith in your landlord and accept their word for it, but a legitimate tenancy requires paperwork. A tenancy agreement must be provided by your landlord for you to sign. This legal document serves as a contract that safeguards both you and your landlord in important ways. It also allows you to properly review the lease terms and conditions set out by your landlord.
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2. Entering The Property Without Obtaining Permission
In a healthy tenant-landlord relationship, respecting tenant rights. Landlords do not have the right to show up unexpectedly even if you are renting their home.
When you sign a tenancy agreement, look over the terms and conditions to see if there are any requests for visitor hours. Your landlord will usually say whether or not they would want to inspect their property and when they would like to do so. You may also ask for it to be included in the lease agreement before you sign it. This safeguards you from future unpleasant situations, since it may have legal ramifications for the landlord.
3. Evicting You For NO Good Reason
Landlords may attempt to evict you for no apparent reason. When this happens, it’s usually because the landlord wants to use the room for himself. Even if your landlord is the legal owner of the property, after you sign a tenancy agreement with them, they only have the authority to remove you if you break any of the rental agreement’s provisions or engage in criminal activity on their property.
A rental agreement is legally binding, and they are unable to evict you without good cause. So, if you’re doing everything correctly and aren’t at fault, it’s the tenant’s right to say “No” and have the problem resolved by a higher authority.
4. Before the Eviction, There Will Be Proper Notice
In any instance, if you are found to have violated any of the rental agreement’s requirements, your landlord must give you at least a month’s notice before beginning the eviction process.
If the landlord asks you to evacuate without providing you a notice period, you have the right to reply “No” and seek for more time. The landlord cannot order you to move right away or before you have found another place to live. If your lease is still valid, you have the legal right to stay in the property until it expires, as long as you pay the landlord back for any infractions you may have committed.
5. Illegal Transfer of Liabilities
Maintenance costs can add up quickly, and your landlord, as the legal owner of the property, is responsible for paying them. Some landlords, on the other hand, may try to make you pay for it by default.
This is why having a documented tenancy agreement is critical for pointing out potential liabilities such as this. If the lease states that maintenance and damage are not the tenant’s duty, the right of tenant to challenge the agreement and take the problem to the appropriate authorities. So, before you rent a place, go over the tenancy agreement and look for these things.
6. The Security Deposit Is Returned
Before you move in, your landlord will need a security deposit equal to one or two months’ rent in advance. When your rent ends, the landlord is obligated to restore your deposit.
The deposit protects you from late rent and compensates you for costly damage that occurs during your stay. The landlord might deduct the appropriate amount from your security deposit and refund the remainder to you in this situation. If you believe you have finished your tenancy without falsifying documents and the landlord refuses to return your money, you have the right of tenant is fight for tenant rights!
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7. Rent Increases Without Prior Notice
There is a formula that determines the annual increase in rent, and if the landlord does not specify the increase in the agreement, the rights of tenant to challenge it.
Under no circumstances may the landlord raise the rent and expect you to pay it. There must be an appropriate procedure in place, and if the landlord does not follow it, tenant rights to refuse and keep their present rent.
There are a slew of other circumstances when you may just say “No” to your landlord and prevent more tenancy issues. You should be aware that you are paying rent even if you are living in someone else’s home. As a renter, you have rights, therefore don’t be afraid to fight for them!
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You may be interested in: The Pros and Cons of Renting a Room in a House
Common Legal Problems For Renters in Malaysia
The most common legal issue for tenants is the above-mentioned issue of early contract termination.
Let me state clearly: if you end a rental agreement early, you may be responsible for the entire rental payments due for the remainder of the contract’s period.
Another prevalent issue is the landlord’s early termination. This should also be covered in your tenancy agreement.
According to the Specific Relief Act 1950, it is illegal for a landlord to evict a tenant without a court order. This legal protection also covers your landlord locking you out of the premises by changing the locks.
If you do not pay your rent on time or cause damage to the property, you may be subject to a termination clause. If you don’t pay, the landlord can issue you a payment notice and subsequently seek eviction if you don’t pay. This is a time-consuming and generally costly process for the landlord.
What Should You Do if Your Landlord Tries to Evict You Without a Valid Reason
Make a decision on what you want to do. If you don’t want to stay but need more time to relocate, contact your landlord or the landlord’s attorney to see if the matter may be settled. To lawfully evict you, your landlord must take numerous actions. These procedures take at least two weeks longer than the move-out date specified in the initial notification. It’s the tenant rights to ask for more time to relocate. You might be able to acquire some more time if you agree to avoid your landlord at the expense of a court hearing by settling early. Before you agree to a date, think about it.
Can a tenant sue a landlord in Malaysia?
The renter has the right to dwell in the house, even if it is legally owned by the landlord. So, while a person can legally own a home, another person may have the right to occupy it. This is especially true if the renter has been paying rent for the duration of his or her residence. However, if the tenant is unable to live quietly on the premises due to the landlord’s negligence, the tenant may pursue legal action against the landlord.
What Happens if Landlord Refuses to Return Deposit?
The first step is to review the contents of the Tenancy Agreement, particularly the section concerning the return of the deposit. If the breach was not your fault, talk to them about it and try to resolve it. This may be preferable than taking legal action, which comes with legal expenses. If there is a problem with costs with the condo management, you should contact them.
The security deposit must be returned to renters within 21 days after they have departed the property, according to Malaysian legislation. A deposit reimbursement letter could be sent to the landlord. It specifies the tenant’s desire for the landlord to refund the deposit within a certain time frame. If the landlord does not comply, you may choose to pursue legal action.
If your unreturned deposit does not exceed RM5,000, you can use the small claims method. You’ll have to fill out some paperwork and submit it to the court. Your landlord will be summoned to appear before a judge by the court.
Can Your Landlord Raise the Rent Without Your Consent?
Unless you agree or your tenancy agreement allows it, your landlord will not be allowed to raise your rent throughout the set duration of your tenancy. If your fixed-term lease agreement allows for an increase in rent, it must specify when and how this will happen. This is referred to as a rent review clause.
Are You Allowed to Make Changes to the Property That You’re Renting?
A decent lease agreement should include language prohibiting renters from making alterations to the property, and if they do, they must return it to its original state when they move out.
For most renters, this entails removing and replacing blinds and drapes, updating cabinet hardware, and installing kid safety latches on kitchen cabinets, among other things.
In general, renters have little issue returning items to their original form when they move, and landlords are normally unconcerned with such minor alterations.
However, some renters go a step further and begin making permanent home renovations to the property, resulting in a slew of violated lease agreement provisions and breached limits.
If Something Breaks or Goes Wrong in the Property, Who Is Responsible for Fixing It?
Repairing a house is typically not inexpensive. If you’re a tenant, it’s simple to get into a disagreement with your landlord over who is liable for repairs, damages, and upkeep expenditures.
If you own your house, you are financially responsible for any damages that occur. Rental properties, on the other hand, are not that straightforward. Repairs are sometimes the obligation of the landlord; other times, it is the tenant’s burden.
Understanding the tenant rights, whether you’re a renter or a landlord, is the greatest approach to avoid unexpected charges. It is the landlord’s obligation to repair damages or concerns that impact a rental unit’s liveability at no expense to the tenant.
Landlords are also in charge of repairing and, in certain cases, replacing broken equipment or appliances that are part of the lease agreement. Dishwashers, ovens, washing machines, and other appliances fall within this category. A renter pays to reside in the apartment as described in the lease agreement. It is the landlord’s obligation to make the unit satisfactory if it is not as represented.
Can Your Landlord Enter Your Home Without Warning or Permission?
It depends. The answer is typically no; before accessing your property, your landlord must give you appropriate notice normally at least 24 hours in advance. Your landlord can, however, enter without your consent in an emergency such as a burst pipe.
By law, you must allow your landlord, his agents, and his workers “reasonable access” to the property to perform repairs. Before your lease expires, you may be required to let the landlord, his agents, and employees inspect the premises and/or exhibit the property to a potential renter, purchaser, mortgagee, or their representatives. Within the last thirty (30) days of your tenancy, or after either of you has provided notice of an intention to terminate the tenancy, your landlord has the right to examine the property.
If your landlord has the right to enter, you must be given fair notice that the entry will take place at a precise and reasonable time. If your landlord provides you reasonable warning and has the legal right to enter, but you refuse to let them in, they can approach the court to force you to let them in.
Your Obligation as a Tenant in Malaysia
We tend to think of our responsibilities as renters as just necessary. It is true, however, that if you do not pay your monthly rent, the landlord will come hunting for you!
You also have a responsibility to keep the property in excellent repair and care for it throughout your lease. Among the roles that may be assigned to you are:
- Deposits must be paid at the start of the tenancy.
- Rent is paid on time, as promised.
- It is your responsibility to tell your landlord if any repairs are required.
- It is your responsibility to maintain the property clean and safe.
- Assurance that no applicable laws or legislation will be broken
- Utility bills must be paid.
- Permission is required for any new tenants or sublets to be placed in the property.
Wrap-up
When a tenant has a problem with their landlord, it’s essential to understand the tenants rights in Malaysia as well as their legal duties. If you have a specific query or want legal advice regarding a legal action involving your rental, contact an expert landlord-tenant attorney near you now.