Home Rental Terms & Conditions (Long-Term & Short-Term)
This document outlines the standard terms and conditions for residential home rentals managed or facilitated by Alive Travel & Tours Sdn Bhd (hereinafter referred to as "the Agent") for both long-term and short-term tenancies in Malaysia.
1. Definitions
- Tenant/Renter: The individual(s) or legal entity renting the property.
- Owner/Landlord: The registered legal owner of the property.
- Agent: Alive Travel & Tours Sdn Bhd, acting as the corporate property manager or liaison.
- Property: The specific residential unit, parcel, or house being leased.
2. Rental Agreement & Court Enforceability
A formal, written Tenancy Agreement must be executed by both the Tenant and the Owner. To ensure legal validity and full enforceability in a Malaysian court under the Stamp Act 1949, the agreement must be electronically or physically stamped via LHDN (e-Duti Setem) within 30 days of signing. The tenant or landlord shall bear the stamp duty costs as mutually agreed.
3. Rental Duration Categories
- Short-Term Rental: Any tenancy lasting for a duration of less than six (6) consecutive months.
- Long-Term Rental: Any tenancy lasting for a duration of six (6) months or longer (typically 1 to 2 years).
4. Standard Deposit Structure & Payment Terms
Unless explicitly modified in the special conditions of the final signed agreement, the standard upfront financial requirements are structured as follows:
| Deposit Type | Standard Amount | Refundability / Terms |
|---|---|---|
| Security Deposit | Equivalent to 2 months' rent | Refundable within 14–30 days post-tenancy, subject to deductions for verifiable property damage exceeding fair wear and tear. |
| Utility Deposit | Equivalent to 1 month's rent | Refundable upon verification and settlement of all final outstanding utility bills (TNB, Air, Indah Water, Internet). |
| Advance Rent | Equivalent to 1 month's rent | Applied directly toward the first active month of occupancy. |
Payment Method
All rental transactions must be executed via direct online bank transfer or bank draft. Cash payments are strictly discouraged to maintain a transparent, legal audit trail. Payments should be issued to the authorized corporate account:
- Bank Name: CIMB Bank
- Account Holder: Alive Travel & Tours Sdn Bhd
5. Tenant Responsibilities
The Tenant explicitly covenants and agrees to:
- Maintain the interior of the property, including all fixtures, furniture, and appliances, in a clean, tenantable, and hygienic condition.
- Punctually pay all monthly utility fees (electricity, water, sewerage, high-speed broadband) incurred during the active tenancy period.
- Provide prompt written notice to the Agent or Owner regarding any structural defects, water leaks, or required major maintenance.
- Refrain from subletting, assigning, or parting with the physical possession of the property, either in part or whole, without the explicit prior written consent of the Owner.
6. Owner Responsibilities
The Owner explicitly covenants and agrees to:
- Hand over the property in a fully habitable, secure, and clean condition on the agreed move-in date.
- Remain financially responsible for major structural repairs, external piping, roof leaks, foundational issues, and main electrical wiring system updates (excluding damages directly caused by tenant negligence or misuse).
- Maintain timely payments for all foundational property taxes, including quit rent (Cukai Tanah), assessment rates (Cukai Pintu), and master stratified property maintenance or sinking fund fees.
7. Termination of Lease & Legal Eviction Constraints
- Short-Term Rental Termination: Either party may initiate termination by serving a minimum of thirty (30) days' written notice to the counterparty.
- Long-Term Rental Termination: Termination requires a minimum of sixty (60) days' written notice. Early termination by either party prior to the expiration of the fixed term will result in the forfeiture of the security deposit or penalties as defined in the primary agreement.
8. Corporate & House Rules
- Prohibited Activities: The property must be used exclusively for residential purposes. No illegal activities, commercial operations, gambling, drug offenses, or public nuisances are permitted under Malaysian federal law.
- Pets: Domestic pets are strictly disallowed unless explicitly authorized in writing by the Owner via a specific addendum.
- Smoking Policy: Smoking is entirely prohibited inside enclosed indoor areas of the property to safeguard clean air standards and minimize fire hazards.
9. Agent’s Role & Service Tax Compliance
Alive Travel & Tours Sdn Bhd acts clearly as an intermediary coordinator and manager. The Agent's role encompasses:
- Drafting and coordinating the legal execution of the tenancy paperwork.
- Managing the secure collection and disbursement of deposits and monthly rentals.
- Serving as the formal mediator to manage maintenance requests or resolve operational friction between the parties.
- Tax Note: Agency or management fees levied by the Agent are subject to the current service tax rate where applicable by federal law.
10. Governing Law
This document and the underlying tenancy are strictly governed by and construed in accordance with the laws of Malaysia. Any unresolved statutory disputes shall be initially submitted to professional mediation or ultimately adjudicated within the jurisdiction of the Malaysian civil court systems.
Required Documentation Checklist
For the Tenant:
- Clear copy of MyKAD/NRIC (Malaysian citizens) OR valid Passport and current Visa/Employment Pass (Foreigners).
- Verifiable proof of financial income (latest 3 months' salary slips or updated bank statements).
- Official corporate employment verification letter or valid student ID registration.
- Reference history letter from a prior landlord (highly recommended).
For the Owner:
- Clear copy of MyKAD/NRIC of the property owner.
- Proof of physical property ownership (Strata Title, Land Title, or signed Sale and Purchase Agreement).
- Latest operational utility bills (TNB electricity invoice, Water account statements).
- Most recent management maintenance fee receipts (applicable for stratified condominiums/gated units).
For the Agent (Alive Travel & Tours Sdn Bhd):
- Signed corporate Letter of Authorization empowering the Agent to list and manage the specific property.
- Comprehensive digital or physical Move-In/Move-Out Inventory Check-list verified with dated photographic evidence by both parties.