How to End a Tenancy
in Malaysia (2026 Guide)

This guide is for general information only and does not constitute legal advice. For specific legal matters, consult a licensed Malaysian solicitor. WhatsApp ClickBina for help with turnover refurbishment between tenancies.

Three ways a tenancy in Malaysia ends

Because Malaysia has no Residential Tenancy Act in force, tenancy relationships are governed by the written tenancy agreement, the Contracts Act 1950, and established common law principles. A tenancy can end in three ways:

A tenancy that has expired and where the tenant remains in occupation with the landlord accepting rent is treated as a periodic tenancy (usually month-to-month) under common law. Either party can then end it with the contractual or reasonable notice period.

Notice periods in Malaysia

Malaysia has no statutory minimum notice period for residential tenancies. The notice period is whatever the tenancy agreement states — typically:

• 1 month’s notice — the most common provision in Klang Valley residential agreements
• 2 months’ notice — common in longer tenancies (2–3 years) or commercial leases
• Agreed fixed end date — no notice needed beyond honouring the agreement

If the agreement is silent on notice, the common law position for a monthly periodic tenancy is one calendar month’s notice. Always check your specific agreement. For a well-drafted template, see the ClickBina Tenancy Agreement Template →.

Landlord vs tenant — notice comparison

Vacating process — tenant steps

If you are a tenant ending a tenancy, follow this sequence to protect your deposit and avoid disputes:

1. Serve written notice to the landlord on time, as required by the agreement. Keep a dated copy.
2. Settle all outstanding rent and utility bills before the vacate date. Unpaid amounts will be deducted from the deposit.
3. Repair tenant-caused damage (beyond fair wear and tear) before vacating — it is cheaper to fix yourself than to have the landlord claim.
4. Deep-clean the unit to handover condition. Leave it in the same state as described in the handover inventory.
5. Remove all personal belongings. Any items left behind may be disposed of by the landlord.
6. Conduct a joint inspection with the landlord, walking through the property against the original inventory checklist.
7. Return all keys, access cards and remotes on the agreed handover date.
8. Obtain written confirmation of handover and the landlord’s acknowledgement of receipt.

Landlord checklist at tenancy end

• Confirm notice was properly served in writing; note the date.
• Conduct a joint move-out inspection against the original inventory (ideally the signed handover checklist).
• Document all defects with dated photographs before the tenant fully vacates.
• Provide a written deposit deduction breakdown within the period stated in your agreement (typically 14–30 days).
• Return the balance of the deposit promptly. Unreasonable withholding can expose the landlord to a civil claim.
• Notify the utility companies (TNB, SYABAS/Air Selangor, Gas Malaysia) to transfer accounts back to the landlord.
• Plan any turnover repairs or refurbishment before re-letting.

Security deposit at tenancy end — what happens

In Malaysia, a residential tenancy typically holds:

• Security deposit: 2 months’ rent (sometimes 1.5–3 months depending on negotiation)
• Utility deposit: 0.5–1 month’s rent, held for TNB/water

At the end of tenancy, the landlord may deduct from the security deposit for:

See our full guide on security deposit rules in Malaysia → for the legal framework and how to dispute unfair deductions.

Forfeiture clauses — when the landlord can terminate early

Most tenancy agreements contain a forfeiture clause (also called a re-entry clause) that allows the landlord to terminate the tenancy before the fixed term expires if the tenant:

• Falls into rent arrears (commonly defined as 14–30 days overdue)
• Breaches a material term of the agreement (e.g. subletting without consent, keeping pets where prohibited)
• Uses the property for unlawful purposes

The forfeiture clause typically requires the landlord to serve a written notice to remedy within a stated period before the right of re-entry arises. Even with a valid forfeiture clause, the landlord cannot resort to self-help — physical re-entry without a court order is unlawful. The landlord must apply to court for an order for possession.

What a landlord CANNOT do — self-help eviction is unlawful

This is the most important section in this guide. In Malaysia, a landlord who takes any of the following actions without a court order commits an unlawful act and may face civil liability and criminal exposure:

• Changing the locks or preventing the tenant from accessing the property
• Removing the tenant’s belongings from the premises
• Cutting utilities (electricity, water, internet) to force a tenant out
• Harassment, threats or intimidation of the tenant
• Entering the property repeatedly without consent or legitimate reason

A tenant who is subjected to self-help eviction can apply to the court for an injunction restoring possession, and may also seek damages for any loss suffered. The landlord’s only lawful route to repossess the property against an unwilling tenant is through the courts: either via the Distress Act 1951 (for rent arrears) or a civil action for order for possession.

See our full guide on the eviction process in Malaysia → for the court procedure step-by-step.

When court action is needed

Court action is required when the tenant refuses to vacate after valid notice has been served. The two main legal routes are:

Engage a licensed Malaysian solicitor before commencing any court action. The Bar Council Malaysia (malaysianbar.org.my) maintains a directory of practising lawyers. Unrepresented landlords may apply in person at the relevant court registry.

Handover and inventory inspection

A thorough handover inspection protects both parties and prevents deposit disputes. Best practice is to use the same inventory checklist signed at the start of the tenancy and to:

• Walk through every room together, checking walls, floors, fixtures and fittings against the entry inventory.
• Test all electrical appliances and fittings (lights, fans, air-conditioners, water heater).
• Check all plumbing (taps, showerhead, toilet flush, water pressure).
• Note any damage with photos; mark pre-existing versus new damage clearly.
• Both parties sign the completed move-out inspection report.
• The landlord provides a written deposit deduction summary (if any) within the agreed time.

For a ready-to-use checklist, see the Tenancy Agreement Template → which includes an inventory schedule.

After tenancy ends — tax and records

Landlords should keep records after the tenancy ends for income tax compliance:

• Rental income from a Malaysian residential property is taxable under the Income Tax Act 1967. Report all rent received (net of allowable expenses) in your annual LHDN e-filing.
• Keep tenancy agreements, deposit records, repair invoices and utility bills for at least 7 years (LHDN audit window).
• If RPGT (Real Property Gains Tax) may apply on a future disposal, the tenancy history supports the “holding period” and improvement cost record. See our rental income tax guide → for full LHDN treatment.

Common mistakes landlords and tenants make

• Verbal notice only. Always serve notice in writing — a WhatsApp message can count but a formal letter is better. Email is acceptable if the agreement allows electronic communication.
• No move-in inventory. Without a signed entry inventory, disputes at checkout are almost impossible to resolve fairly.
• Landlord self-help. Changing locks or cutting utilities without a court order is unlawful regardless of how much rent is owed.
• Tenant abandonment. A tenant who leaves without notice but keeps the keys (and stops paying rent) still has legal possession. The landlord must follow the proper process.
• Forgetting the utility deposit. The utility deposit is separate from the security deposit and must be refunded (less any outstanding bills) promptly.
• No written handover confirmation. Always obtain signed acknowledgement that the tenant has vacated and keys returned.