TENANCY AGREEMENT-TEMPLAT.doc
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Transcript of TENANCY AGREEMENT-TEMPLAT.doc
TENANCY AGREEMENT
TENANCY AGREEMENT
BETWEEN
*********************************************
LING YEN CHUI
(LANDLORD)
*********************************************
AND
********************************************* (TENANT)
*********************************************
AN AGREEMENT made this 1st day of XXXXXXXXXXXX between the party whose name and address are as stated in Section 2 of the first schedule hereto (hereinafter called the landlord) of the one part and the party whose name and address as stated in Section 3 of the first schedule hereto (hereinafter called the Tenant) of the other part.
WHEREAS:
The Landlord is the registered owner of the property described in Section 4 of the first Schedule hereto (hereinafter called the Said Premises) The Landlord has agreed to let and the Tenant has agreed to rent the said Premises at a monthly rental stated in Section 8 of the First Schedule hereto (hereinafter called the rent) upon the terms and conditions hereinafter appearing.
THIS AGREEMENT WITHNESSETH as following:-
1. In consideration of the sum stated in Section 8 of the first Schedule being the rental paid in advance and a further sum stated in Section 9 of the first Schedule being deposits for Utilities respectively the Landlord hereby lets and the Tenant hereby rents the said Premises for a fixed term commencing as stated in Section 6 of the first Schedule and ending as stated in Section 7 of the first Schedule.
The Utilities Deposit shall be retained by the Landlord as security for the due observance and performance be the Tenant of the Tenants covenants and obligations herein contained and shall be refunded forthwith to the Tenant without interest at the end of the said term. At any point in time the deposit cannot be used to offset the rental unless with the prior consent of the Landlord. Such consent shall not be unreasonably withheld.
2. THE TENANT HEREBY COVENANT WITH THE LANDLORD as follows: -
a)To pay the rent reserved promptly within 7 days(seven) days of each calendar month.
b) To pay all utilities bills (including Indah Water Bills) incurred by the Tenant during the said term of tenancy.
c) Not to make any structural alterations or additional to the said Premises without the landlords consent in writing first had been obtained.
d) To keep the whole premises in good and tenantable condition in such condition to yield up the same at the end of the said term. Reasonable wear and tear and damage by storm, act of God, war, civil commotion and other causes beyond the Tenant's control can be accepted.
e) Not to do or permit to be done on the said Premise anything whereby the policy or policies of insurance against loss or damage by the dire thereof may become void or voidable or whereby the insurance premiums payable therefore may be increased and to reimburse the Landlord in fu1l in respect of any expenses incurred as a result of breach of this covenant.
f) Not to do or cause permit to be done anything on said Premise, which may be or become a nuisance to the members of the public in general and the occupants of the neighbouring houses in particulars.
g) To permit the Landlord or the Landlord's representative to enter upon the said Premises at all reasonable time of the day by given a notice of 3 days prior appointment for purpose of inspection and or maintaining the said Premises in pursuance of the Landlord's covenants and obligations herein contained.
h)At the expiration of the tenancy peaceably to quit and deliver vacant possession of the said Premises to the Landlord.
i) To use the said Premises only for purpose as a RESIDENT.
j) Not to assign sublet or part with the possession of the said Premises without the written consent of the Landlord first had and obtained.
k) Not to use the said Premises as a laboratory or workshop or for any noisy, noxious or offensive trade, business or occupation or merchandise nor for the carrying on of any vocation which may be calculated to attract to the said Premises or any part thereof persons of any undesirably character.
l) Not to store or bring upon the said Premises unlawful goods, gunpower, saltpeter or any explosive or combustible substance in any part of the said Premises of the said building.
m) To observe and conform to all reasonab1e regulations and restrictions made by the landlord, developer or its duly authorized agents for the proper management of the said Premises from time to time. Provided always that no such regulations and restrictions shall either (i) increase any of the Tenants obligations under the Agreement or (ii) reduce the Tenant's rights set forth in this Agreement.
n) To replace any glass fixture or fittings which are broken or damaged due to acts or omissions of the Tenant or its servants or agents.
o) To repair any damage to the premises due to acts or omissions of the tenant.
p) To firstly indemnify the landlord and keep indemnify against summons actions proceedings and claims and demand costs damages and expenses which may be levied, brought and made against them of which they may pay sustain or incur by reasons of the said Premises by the Tenants.
q) Not to do or permit to be done on the said Premises anything which infringe any laws, by laws or regulations made by the government or 1ocal council or any components authority affecting the said Premises.
3. THE LANDLORD HEREBY COVENANTS WITH THE TENANT as
follows:-
a) To pay all quit rents, assessments and maintenance fee including any increases thereof on the said Premises levied or to be levied by the Government or any other 1oca1 authorities.
b) To keep and maintain in good tenantable repair the main structure, floors, roof and wa1ls of the said Premises throughout the term hereby created.
c) To permit the Tenant to affix or install in the said Premises the Tenants own fixture and fittings an at any time or from time to time during the said term to permit the Tenant to disconnect and remove such fixture and fittings PROVIDED ALWAYS that the Tenant shall make good and repair any damage to the said Premises that may be occasioned thereby.
d) To insure and keep insured the said Premises, excluding the Tenant's own goods, fixtures and fittings against loss damage by fire up to the full insurable value thereof and pay all the insurance premiums necessary for that purpose in respect of the said Premises.
e) That the Tenant paying the rent hereby reserved and observing the Tenant's covenants and obligations and obligations herein contained shall peaceably hold and enjoy the said Premises during the term without any interruption by the landlord or any person rightfully claiming under or in trust for the Landlord.
f) To allow the Tenant, its agents, servants, invitees and licenses free and uninterrupted ingress and egress from and to the said Premises.
g) At the termination or sooner determination of the Tenancy hereby created to refund to the Tenant within 14 days, the utilities deposit paid by the Tenant to the Landlord's right to set off the same or deduct thereof such sum as may be requisite against any liability of the Tenant in accordance with the terms and conditions herein contained.
4. PROVIDED ALWAYS THAT it is hereby expressly agreed and declared by and between the parties as fo1lows:
a) If the rent reserved or any part thereof shall remain unpaid for seven (7) days after becoming payable whether formally demanded or not, or if any of the covenants on the Tenant's part herein before contained shall not be performed or observed or if the Tenant shall commit an act of bankruptcy either voluntarily or compulsorily then and in any such case it shall be lawful for the Landlord at any time thereafter to serve a forfeiture notice upon the Tenant pursuant to Section 235 of the National Land Code and it is mutua1ly agreed that a reasonable time in which to remedy the breach the subject. - matter of the forfeiture notice is fourteen (14) days and on the expiration of the period specified without the breach comp1ained of being remedied the Landlord shall be at liberty to reenter upon the said Premises or any thereof in the name of the whole and thereupon the said term shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any antecedent breach of the Tenant's covenants here in before contained.
b) In case the said Premises or any part thereof shall be destroyed or damaged by fire tempest or other acts of god, the landlord shall not be bound to rebuild or reinstate the said Premises unless the Landlord in their discretion thinks fit. In the event of the Landlord deciding not to rebuild and reinstate the said Premises the Landlord shall within fourteen (14) days of such destruction or damage notify the Tenant in writing of their decision then the rent hereby reserved shall cease and be determined from the date such destruction or damage as aforesaid the tenant shallpeaceably and quiet1y surrender leave and yield up to the Landlord's possession of the said Premises. In such case, the Tenancy shall be considered terminated from the said date of such of such destruction or damage.
c) This tenancy is for fixed term of Two and a half year/s. If the Tenant shall be desirous of taking the said Premises for a further term of Two year/s from the date of the expiration of the term hereby granted, the Tenant shall not less than two months before the expiration of term hereby granted, give to the Landlord notice in writing of such desire and if it shall have paid the rent hereby reserved and shall have performed and observed the several stipulations herein contained and on its part to be performed and observed up to the termination of the tenancy hereby created or such extended terms, as the case may be, then the Landlord shall at his/her discretion to decide whether or not to let the said Premises to the Tenant for a further term of Two year/s for rental to be agreed at the increased rental as specified in Section 12 of the first schedule by both parties, subject in all other respect to the same terms and conditions herein contained.
d) Any notice in writing required to be served hereunder shall be sufficiently served on Tenant if addressed to the Tenant and left at or sent by the registered post to the said Premises and shall be sufficiently served on the Landlord if addressed to the Landlord and left at or sent by registered post to the address stated above.
e) Time wherever mentioned herein shall be deemed to be of the essence of this Agreement.
f) This Agreement shall be governed by and construed in accordance with the laws or Malaysia and the parties hereto hereby agree to submit to the jurisdiction or the courts of Malaysia.
g) In the event that the Tenant terminates the Agreement before the expiry date of the Tenancy period, the Tenant shall serve a Two (2) months notice in writing and compensate Two (2) months rental to the Landlord. In the event that the Landlord terminates the Agreement before the expiry date of the Tenancy period, the Landlord shall serve a Two (2) months notice in writing and compensate Two (2) months rental to the Tenant.
5. The Tenant shall pay for their own legal cost and shall bear all stamping and other incidental costs in respect of this Agreement.
6 THIS AGREEMENT shall be binding on the parties hereto their successors in title and lawful assigns.
IN THE WITHNESS WHEREOF the parties hereunder set their hands the day and years above written.
Signed by XXXXXXXXXXXXI.C. No: XXXXXXXXXXXX(For and on behalf of said Landlord) ____________________________________
In the presence of
I.C. No:
____________________________________
Signed by
I.C. No:
(For and on behalf of said Tenant)
____________________________________
In the presence of
I.C. No:
____________________________________
FIRST SCHEDULE
WHICH IS TO BE TAKEN READ AND CONSTRUED AS AN ESSENTIAL AND INTEGRAL PART OF THIS AGREEMENT
ITEM
PARTICULARS
1.DATE OF AGREEMENT
THE 1st Day of XXXXXXX2. NAME AND ADDRESS OF THE
XXXXXXXXXXXX
LANDLORD
XXXXXXXXXXXX,
XXXXXXXXXXXX,3.NAME AND ADDRESS OF THE
XXXXXXXXXXXX
OF THE TENANT
XXXXXXXXXXXX4. DESCRIPTION OF THE DEMISED
XXXXXXXXXXXX,PREMISES
XXXXXXXXXXXX,
XXXXXXXXXXXX.
5.DURATION OF TENANCY
FOR A FIXED TERM OF TWO
AND A HALF YEAR (EQUIVALENT TO 30 MONTHS)
6.DATE OF COMMENCEMENT
1ST XXXXXXXXXXXX7.DATE OF TERMINATION
31ST XXXXXXXXXXXX8. RESERVED RENT AND MANNER
RMXXXXXX PER MONTH
PAYMENT
(INCLUSIVE OF MAINTENANCE
FEE) PAYABLE IN ADVANCE
ON THE EVERY CALENDAR
MONTH
9. DEPOSIT
UTILITIES DEPOSIT RM2,200.00
(ONE MONTH)
10. AUTHORISED USE OF DEMISED
STAYING
11.DURATION OF OPTION
TWO YEARS12. RESERVED RENT DURING OPTION
RMXXXXPER MONTH
AND MANNER PAYMENT
(INCLUSIVE OF MAINTENANCE
FEE) PAYABLE IN ADVANCE
ON THE EVERY CALENDAR
MONTH)
LIST OF ITEMS IN THE PROPERTY:
INVENTORY LISTAPPENDIX I
XXXXXXXXXXXX(ADRESS OF YOUR RENTED HOUSE)XXXXXXXXXX
Living & Dining Area
1Dining Table with 4 chairs1 set
22-door built-in-cabinet1 set
3Intercom set1 unit
4Door bell1 unit
5Sofa set of 2+1+11 set
6Glass Top coffee table1 set
7TV cabinet1 set
8TV-brand Haier c/w a remote control1 set
9Flower pot with artificial plant1 set
10Standing lamp1 unit
11Air conditioner c/w remote control-York1 set
12Movable carpet1 set
13Wall pictures2 sets
14Curtain-day & night1 set
15Wall paperEntire area
16Wall light1 unit
17Ceiling lights2 units
18Down light1 unit
19Plaster ceiling
20VCD -brand Spencer c/w remote control1 set
21Dustbin with cover1 unit
Master Bedroom
1Built-in wardrobe- 4 doors1 set
2Built-in dressing / study table attached with built in cabinet1 set
3Bed set c/w mattress and head board1 set
4Built-in-side table2 units
5Air conditioner c/w remote control-York1 set
6Ceiling light1 unit
7Standing lamp1 unit
8Table lamps2 units
9Picture c/w spot lighting1 set
10Wall paperEntire room
11Curtain-day & night1 set
Bathroom
1Down light2 units
2Shower curtain rack c/w curtain1 set
3Tower railing1 set
4Heater1 set
5Mirror1 unit
6Dusbin1 unit
Kitchen
1Built-in kitchen cabinet- high & low1 set
2Cooker c/w hub & hood & Oven1 set
3Fridge-brand Sharp1 unit
4Down light3 units
5Dusbin with cover1 unit
Other :
1House keys1 set
2Car park sticker1 unit
3Access Card2 units
Note :
*The above-mentioned furnitures, fixtures and equipments shall be returned to the landlord at a workable condition.
*Should the car park sticker and the access card lost there shall be replacement
charges (Car park sticker RM50.00 and the Access Card RM100.00 each).