Tenancy Agreement Generator

The Landlord(s) hereby lets and the Tenant(s) hereby takes on the tenancy of the Demised Premises together with some furniture, fixtures and fittings for the fixed period specified in Section 5 of the First Schedule hereto commencing and ending on the dates specified in Section 5 of the First Schedule, excluding all service and maintenance charges to the said Demised Premises, for the purpose stated in Section 8 of the First Schedule hereto.

THE TENANT(S) HEREBY COVENANT AND UNDERTAKE WITH THE LANDLORD(S)

as follows.

To pay the reserved monthly rental as stated in Section 6 of the First Schedule on or before the date stated in Section 9 of the First Schedule.

To pay the sum as stated in Section 10 of the First Schedule being the rental deposit upon execution of this Agreement and the same shall be recoverable free of interest less such sum or sums due to the Landlord(s) upon determination of the tenancy in accordance with the terms herein contained PROVIDED ALWAYS that the said deposit shall not at any time be construed as an advance payment of rent.

To pay the sum stated in Section 11 of the First Schedule upon execution of this Agreement being the deposit of the utilities charges, which said deposit shall be recoverable free of interest less such sum or sums due to the authority department upon the determination of the tenancy.

To pay all charges from the commencement of this Tenancy for the supply of water and electricity and sewerage charges by Indah Water Konsortium (IWK) of the said Demised Premises PROVIDED THAT all outstanding charges prior to the execution of this Tenancy have been settled by the Landlord(s).

To keep the whole of the interior of the said Demised Premises and the Landlord(s) fittings and fixtures therein, including doors, windows, glass, skylights, lights, locks, latches, fasteners and all additions thereto, in good tenantable repair and condition throughout this Tenancy or sooner determination. The Tenant(s) shall not be entitled to remove the fixtures and fittings belonging to the Landlord(s) upon termination and/or determination of this Tenancy.

To permit the Landlord(s) or agent(s), with or without workmen, at all reasonable times to enter upon and examine the state of repair of the Demised Premises and forthwith to repair and amend in a proper and workmanlike manner defects of which written notice shall be served on the Tenant(s). If the Tenant(s) shall not within seven (7) days after service of such notice diligently proceed with such repairs, the Landlord(s) may enter upon the Demised Premises and execute such repairs and the cost shall be a debt due from the Tenant(s) to the Landlord(s), payable forthwith upon demand.

Not without the consent in writing of the Landlord(s) first obtained to erect or permit or suffer to be erected any new structure on the Demised Premises or make or permit or suffer to be made any alteration or addition to the Demised Premises. If the Landlord(s) shall consent to the said alteration or addition, the Tenant(s) shall reinstate the said Demised Premises to its original condition at the expiration or sooner determination.

Not to make or permit or suffer to be made any alteration or additions to the said Demised Premises without the previous written consent of the Landlord(s) or damage any walls, ceilings, windows, doors or fittings.

Not to assign, underlet or part with the possession of the said Demised Premises or any part thereof without the prior written consent of the Landlord(s).

Not to hold or permit or suffer to be held any sale by auction on the said Demised Premises, not to bring or permit or suffer to be brought in or upon the said Demised Premises any animals or birds, or to do or permit or suffer anything in or upon the said Demised Premises which may become a nuisance, annoyance or cause damage to the Landlord(s), occupiers of the neighbourhood, apartments and/or buildings.

At the Tenant(s) expense at all times to keep the said Demised Premises in good and tenantable repair and sanitary condition throughout the said term and any renewal thereof, fair wear and tear, damage by fire or through act or omission of the Tenant(s), storm, tempest or act of God excepted.

To use the Demised Premises solely and exclusively for the purpose specified in Section 8 of the First Schedule.

Not to use the Demised Premises for any immoral or unlawful purposes.

Not to do or permit or suffer to be done upon the Demised Premises anything which in the opinion of the Landlord(s) may be a nuisance or annoyance to or in any way interfere with the quiet and comfort of the other occupants of their buildings in that locality.

Not to do or permit to be done on the Demised Premises anything which will or may infringe any laws, bye-laws or regulations made by the Government, Local Council or any other competent authority affecting the Demised Premises.

Not to damage or deface or cause or permit any servant or agent of the Tenant(s) to damage or deface any part of the Premises while moving any furniture, equipment, fittings, fixtures or any other things whatsoever and to forthwith repair and make good or to pay to the Landlord(s) the cost of making good such damage or defacement.

Upon the expiration or sooner determination of the term hereby created or any renewal thereof peacefully to deliver up to the Landlord(s) the Demised Premises in tenantable repair and condition, fair wear and tear, damage by accident, fire and any other cause beyond the Tenant(s) control only excepted.

The Tenant(s) hereby agrees to indemnify and keep indemnified the Landlord(s) from and against all claims, demands, writs, summons, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Landlord(s) may suffer or incur in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Demised Premises or by the Tenant(s) or by any of the Tenant(s) employees, independent contractors, agents, invitees and licensees.

The Tenant(s) shall pay all disbursements and out of pocket expenses, stamp duty and all other disbursement and out of pocket expenses whatsoever incurred in the preparation and completion of this Tenancy.

The Tenant(s) shall pay and make good to the Landlord(s) all and every loss and damage whatsoever incurred or sustained by the Landlord(s) as a consequence of every breach or non-observance of the Tenant(s) covenants herein contained.

If at any time the Reserved Rent or any part thereof (whether formally demanded or not) shall remain unpaid or unsatisfied for seven (7) days after becoming payable from the due date as stipulated in Section 6 of the First Schedule or if any of the Tenant's covenants shall not be performed or observed or if the Tenant shall suffer execution on the Demised Premises or if the Tenant shall become a bankrupt or being a company or corporation shall go into liquidation either voluntarily or compulsorily otherwise than for the purpose of amalgamation or reconstruction or if the Tenant for the time being shall enter into any composition with the Tenant's creditors or suffer any distress or execution to be levied on the Tenant's goods then and in any of those events it shall be lawful for the Landlord or any persons authorised by the Landlord on his behalf at any time thereafter to forfeit all Security and Utility Deposits and/or to serve a forfeiture notice upon the Tenant pursuant to Section 235 of the National Land Code and if the Tenant fails to remedy the breach within fourteen (14) days of the service of the said forfeiture notice the Landlord or any persons authorised by the Landlord on his behalf shall be at liberty to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this tenancy shall absolutely determine but without prejudice to any right of action or remedy of the Landlord in respect of any breach of the Tenant's covenants herein contained.

Maintenance service of air conditioner shall be by the Tenant when deemed necessary and/or before vacating the premises, with proof of service record presented to the Landlord.

THE LANDLORD(S) COVENANTS AND UNDERTAKES WITH THE TENANT(S)

To pay quit rent, assessment, maintenance charges, service charges, sinking fund and other outgoings relating to the Demised Premises from time to time due in respect of the Demised Premises PROVIDED ALWAYS that in the event any municipal rates or assessment are increased during the term of the Tenancy, the increase shall be borne and paid by the Landlord(s) wholly.

If the rent hereby reserved or any part shall be in arrears and unpaid fourteen (14) days after the same shall become due, whether legally demanded or not, or if the Tenant(s) shall make default in observance or performance of any terms, conditions or covenants on the part of the Tenant(s) herein contained, or if the Tenant(s) shall suffer distress, attachment, execution, liquidation, assignment for benefit of creditors, governmental intervention, or be prevented from continuing business in Malaysia, then it shall be lawful for the Landlord(s) at any time thereafter to re-enter upon the Demised Premises without notice, whereupon this Tenancy shall absolutely determine without prejudice to the Landlord(s) right of action in respect of any breach of covenant on the part of the Tenant(s).

If the Demised Premises shall during the currency of this Tenancy or any renewal be rendered unusable or damaged through fire, storm, tempest, act of God, subsidence of soil or any other cause beyond the control of the Landlord(s), then a fair proportion of the rent according to the nature and extent of the damage sustained shall be suspended until the Demised Premises are again rendered fit for use PROVIDED ALWAYS THAT THE TENANT(S) AND THE LANDLORD(S) HEREBY EXPRESSLY AGREE that the Landlord(s) shall not be required by the Tenant(s) to reinstate the Demised Premises or building of which the Demised Premises forms part or otherwise be liable to provide or pay for alternative premises.

Knowledge or acquiescence by the Landlord(s) of any breach of any conditions or covenants herein contained or any indulgence given by the Landlord(s) shall not operate as or be deemed a waiver of the conditions or covenants, and the Landlord(s) shall be entitled to exercise their rights under this Tenancy to require strict performance by the Tenant(s).

The Landlord(s) shall have the right after determination of the term hereby created to apply the whole or any part of the said deposit towards payment of any arrears of rent due from the Tenant(s), or towards the cost of repairs to the Demised Premises and fittings or fixtures therein rendered necessary by the Tenant(s) default, or towards payment of any damages awarded to the Landlord(s) against the Tenant(s) for breach of covenant, subject thereto to refund the whole of the said deposit or balance, if any, to the Tenant(s).

The Landlord(s) shall not be responsible to the Tenant(s), Tenant(s) licensees, servants, agents or other persons in the Demised Premises for any accident or injury suffered or damage to or loss of any chattel or property sustained on the Demised Premises.

The Tenancy is for the fixed period specified in Section 5 of the First Schedule hereto annexed.

Any notice required to be given under this Tenancy shall be in writing and shall be sufficiently served on the Tenant(s) by sending the same to the Demised Premises or the Tenant(s) last known address, and shall be sufficiently served on the Landlord(s) by registered post addressed to the Landlord(s) last known address, and shall be deemed received in due course of post.

In the event the Landlord shall desire to sell the said Premises, the existing Tenant shall be given first option to purchase, either verbally or in writing. Should the Tenant refuse to purchase for whatsoever reasons, then the offer may be given to any parties who may meet the price offered.

If Tenant(s) shall be desirous of continuing the tenancy after expiration of the term hereby created, Tenant(s) shall within two (2) months before expiry of tenancy give to Landlord(s) notice in writing of such desire and, if agreed, the Landlord(s) shall let the Demised Premises to Tenant(s) for a further term of one (1) year at rental to be agreed by the parties prior to expiration of this Tenancy, subject in all other respects to the same stipulations herein contained save except this covenant for renewal.

Tenant(s) shall at the end of the tenancy period leave peaceably and yield up the said Property with complete vacant possession unless the tenancy is extended as hereinbefore provided in Clause 5 hereof.

In this Tenancy unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided.

This Agreement shall be binding upon the legal representatives, successors in title and heirs of the Landlord(s) and Tenant(s).

All Appendix and Schedule herein shall be read and construed as part of this Agreement.

Time, wherever mentioned, shall be of the essence of this Tenancy Agreement.

None of the parties hereto shall be considered in default in the performance of its obligations under this Agreement if performance is prevented or delayed because of any act of God, fires, earthquakes, storms, typhoons, floods, epidemics, pandemics, plagues, strikes, lockouts or labour disputes, wars, riots, acts or threats of terrorism, or legal prohibition by Malaysian authorities, in each case directly causing either party to be unable to comply with all material parts of its obligations under this Agreement. In the event of any such delay, the time for performance shall be extended for a period equal to the time lost by reason of the delay.