Tenancy Agreement Stamping Malaysia

As a tenant in Malaysia, it is important to understand the legalities surrounding tenancy agreements and the process of stamping them. A tenancy agreement is a legal document that outlines the rights and responsibilities of both the landlord and tenant, and must be stamped by the Inland Revenue Board of Malaysia (IRB) to be legally binding.

Here’s what you need to know about tenancy agreement stamping in Malaysia:

1. What is tenancy agreement stamping?

Tenancy agreement stamping is the process of having a tenancy agreement validated and stamped by the IRB. Once the agreement is stamped, it becomes a legal instrument and can be used as evidence in court.

2. When should a tenancy agreement be stamped?

A tenancy agreement must be stamped within 30 days of its execution or before it is presented as evidence in court, whichever comes first. Failure to stamp the agreement may result in a fine or penalty.

3. Who is responsible for stamping the tenancy agreement?

In Malaysia, the tenant is responsible for stamping the tenancy agreement.

4. How much does it cost to stamp a tenancy agreement?

The stamp duty fee for a tenancy agreement is calculated based on the duration of the tenancy and the total rental amount. The fee can range from as little as RM1 to as much as several hundred ringgit.

5. How to get a tenancy agreement stamped?

To get a tenancy agreement stamped, the tenant must bring the agreement to the nearest IRB office and pay the stamp duty fee. Once the fee is paid, the agreement will be stamped and returned to the tenant.

6. What happens if a tenancy agreement is not stamped?

If a tenancy agreement is not stamped within 30 days of its execution or before it is presented as evidence in court, it may be deemed invalid and unenforceable.

7. Can a stamped tenancy agreement be amended?

Yes, a tenancy agreement can be amended after it has been stamped. However, any changes made to the agreement must also be stamped and the appropriate stamp duty fee paid.

8. Can a tenancy agreement be stamped online?

Yes, it is possible to stamp a tenancy agreement online through the IRB’s e-stamping system. This allows for faster processing and eliminates the need to physically visit an IRB office.

9. Can a tenancy agreement be stamped in advance?

No, it is not possible to stamp a tenancy agreement in advance. The agreement must be stamped within 30 days of its execution or before it is presented as evidence in court.

10. What information is required to stamp a tenancy agreement?

To stamp a tenancy agreement, the tenant will need to provide the following information:

– The original tenancy agreement

– The duration of the tenancy

– The total rental amount

– The tenant’s name and IC/passport number

– The landlord’s name and IC/passport number

– The property address

In conclusion, tenancy agreement stamping is an important process that ensures the legal validity of the agreement and protects the rights of both the landlord and tenant. As a tenant, it is important to understand the stamping process and ensure that your agreement is properly stamped within the required timeframe.