With no dedicated Tenancy Act, your rights as a landlord or tenant come from the agreement and common law. Here is what each side can and cannot legally do.
General guidance for 2026 — not legal advice. Tenancy and conveyancing matters depend on your contract and circumstances; consult a lawyer for your situation. Preparing a property? Ask us →
Because Malaysia has no Residential Tenancy Act in force, the tenancy agreement is the single most important document — it defines most rights and obligations. Where the agreement is silent, common law and the Contracts Act 1950 fill the gaps. A clear, stamped agreement protects both sides. The absence of a dedicated Act means courts apply general contract principles to tenancy disputes, which makes the wording of the agreement critically important. See our tenancy agreement guide → for what to include.
These “self-help” actions are unlawful even if the tenant is in arrears — the landlord must use the proper legal route. Resorting to self-help exposes the landlord to a counterclaim for unlawful eviction and potential damages.
To evict a defaulting or holdover tenant, a landlord must follow due process: issue written notice as per the agreement (and/or the Contracts Act 1950), then if the tenant refuses to vacate, obtain a court order for possession (under the Specific Relief Act 1950 or equivalent). The Distress Act 1951 provides a mechanism for recovering rent arrears through court-ordered distress on goods. It is slower than locking the door, but the lawful route avoids counterclaims and gives the landlord a court order enforceable by the bailiff.
It depends on the agreement, but convention and common law hold that: the landlord handles structural and major repairs and the maintenance of fixed installations (wiring, plumbing, water heater, roof), while the tenant covers minor upkeep, consumables and any damage they cause beyond ordinary use. Spell this out precisely in the agreement — for example, state that the landlord replaces the water heater if it fails from age, while the tenant replaces light bulbs and fuses. For turnover repairs and refresh between tenants, see renovate-to-rent →.
The most common conflict between landlords and tenants. The landlord may deduct for unpaid rent/utilities and damage beyond fair wear and tear, but not for normal ageing of the property. An inventory and condition report with photographs at move-in and move-out is the best protection for both sides — it removes ambiguity about whether damage existed before the tenancy or was caused by the tenant. See security deposit rules → for a full breakdown of permissible deductions and refund timing.
| Issue | Landlord | Tenant |
|---|---|---|
| Rent | Right to receive on time; can sue for arrears | Must pay as agreed; entitled to receipt |
| Deposit | Can retain for unpaid rent, damage beyond wear & tear | Entitled to return, less legitimate deductions |
| Repairs (structural) | Responsible for structure, fixed installations | Can request; landlord must remedy in reasonable time |
| Repairs (minor) | Generally not responsible for tenant-caused damage | Responsible for minor upkeep and own damage |
| Entry | Must give reasonable notice; inspect as agreed | Right to refuse entry without notice (except emergencies) |
| Eviction | Must follow legal process; no self-help | Cannot be evicted without due process and notice |
When a tenant is in arrears, the Distress Act 1951 allows a landlord to apply to court for a distress order, which authorises the seizure and sale of the tenant’s goods up to the value of the arrears. This is a court-supervised process; the landlord cannot unilaterally seize goods. The Act limits the period of arrears that can be recovered and sets out procedural requirements. It is one of the legal tools available alongside a regular civil claim for the arrears amount.
| Arrears recovery method | When to use | Court required? |
|---|---|---|
| Distress Act 1951 | Ongoing tenancy; rent unpaid; goods on premises | Yes — distress order |
| Civil claim (Magistrates’ Court) | Any arrears amount within jurisdiction | Yes — judgment debt |
| Court order for possession | Terminating tenancy; recovering vacant possession | Yes — possession order |
| Forfeiture (via court) | Serious breach of tenancy terms | Yes — forfeiture order |
A well-presented, well-maintained unit attracts better tenants, commands higher rent and generates fewer repair disputes. See our renovate-to-rent guide → for durable, tenant-friendly specifications and our deep cleaning guide → for end-of-tenancy and turnover cleaning costs.
This guide cites Malaysian legislation and official bodies. Always confirm current rates and rules with the official source:
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