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How To Terminate Tenancy Agreement Malaysia

23 Sep , 2021   David  

Q: What compensation can I receive if the tenant terminates my lease without notice? This is where the deposit comes into play. Typically, the monthly rent matches, the security deposit is often used as protection against early termination of a lease. It is in addition to its intentional function to pay for damages (if any) that were found during the lease. `If immovable property has been leased under a rental agreement and that lease is established or terminated, but the occupant remains in the use of the property or part thereof, the person entitled to hold the property may not assert his right of recovery against the occupant other than by proceedings before the courts.` (Highlighted only here) The question then is, what exactly are the standard agreements with which you agree? Remember that every contract is different, but these are the most common situations that can arise. In addition, the lessor is also required to reduce its losses at the end of the lease. This means that the landlord must take appropriate steps to reduce their losses when it is clear that the lease is over – for example, by making ads for new tenants to take over the lease. These would usually cost more by the tenant, as they would be due to the tenant`s offense. Renewal possibilities are in principle clauses in the rental agreement that allow you to extend your rent for an additional period at the end of the first period. For example, if you originally signed a three-year contract, you may be can extend the lease for another three years if you have such a clause in your contract. If you`re wondering why the landlord can`t mitigate their losses by looking for another tenant instead of forcing you to pay for the unmatured term, the same case Berjaya Times Square tells us that the landlord doesn`t have to mitigate their loss. This argument stems from the British case of White & Carter (Councils) Ltd.

v. McGregor, in which the judge held that if only one party decided to terminate the contract, the other party could either accept it and bring an action for damages, or refuse termination and continue the contract as usual. Subject to the terms of the rental agreement, the lessor may be entitled to seek compensation from the tenant for repairing the damaged furniture/furniture. Since this is a potentially significant harm, negotiating a right of early termination by sufficient termination in the lease agreement would be the best preventive measure.

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