Landlord vs Tenant Repair Responsibility
in Malaysia (2026)

This guide is for general information only and does not constitute legal advice. For advice specific to your tenancy, consult a qualified Malaysian solicitor. For repair and refurbishment work on your rental unit, WhatsApp ClickBina.

The legal framework in Malaysia

A common misconception among both landlords and tenants in Malaysia is that there is a dedicated statute — a “Residential Tenancy Act” — that sets out repair rights and obligations. There is not. As at 2026, Malaysia has not enacted a Residential Tenancy Act. Bills were tabled and discussed but have not come into force.

Repair obligations in Malaysian residential tenancies are therefore governed by three sources:

The Specific Relief Act 1950 (Act 137) is also relevant when a party seeks to enforce specific contractual obligations rather than damages alone.

The practical implication: the tenancy agreement is everything. A well-drafted agreement that clearly allocates repair responsibilities prevents most disputes. A poorly drafted or verbal agreement leaves both parties exposed to expensive disagreements resolved only by litigation or negotiation.

What the landlord is responsible for

Under common law and standard Malaysian tenancy practice, the landlord is responsible for:

• Structural integrity. Walls, roof, floor slabs, columns and load-bearing elements. The landlord must ensure the structure does not pose a danger to the occupants.
• Waterproofing and weather-tightness. External walls, roof membrane and terrace waterproofing. Water ingress from external sources (rain penetrating the wall, roof leaks) is the landlord’s responsibility.
• Major systems on handover. The landlord must hand over a property with all major systems — plumbing, electrical, air-conditioning, water heater — in working order at the start of the tenancy.
• Latent defects. Defects that were present but not visible at handover (e.g. failing waterproofing behind tiles, deteriorating electrical wiring) are the landlord’s responsibility.
• Fair wear and tear repairs. Deterioration from normal use over the tenancy period — fading paint, worn door hinges, a tap washer wearing out after years of use — is not damage; it is normal aging and is the landlord’s cost to rectify.
• Shared or common area repairs (for landed property). External drains, shared walls, roof gutters, car porch structure.

What the tenant is responsible for

Under standard Malaysian tenancy agreements and common law, the tenant is responsible for:

• Damage from negligence or misuse. Any damage the tenant, their family or their guests cause through carelessness or deliberate action — broken tiles from a dropped heavy object, a cracked bath from impact, burn marks on a worktop.
• Minor day-to-day maintenance. Replacing blown light bulbs, maintaining aircon filter cleanliness, keeping drains clear of obstruction, replacing worn tap washers (depending on the agreement).
• Keeping the property clean and in good order. Preventing pest infestations that result from poor housekeeping; clearing balcony and garden drainage.
• Reporting defects promptly. A tenant who is aware of a leak or defect and fails to report it promptly, resulting in worsening damage, can be liable for the additional damage caused by the delay.
• Restoring alterations. If the tenant made any alterations to the property (e.g. drilling for shelves, adding fixtures) without permission, they are typically required to restore the property on vacation.

Side-by-side responsibility table

This table reflects common Malaysian tenancy practice. Express terms in your tenancy agreement take precedence:

Understanding fair wear and tear

Fair wear and tear is a fundamental concept in Malaysian tenancy law (inherited from English common law). It refers to the inevitable, gradual deterioration of a property from ordinary and reasonable use — not from negligence, carelessness or deliberate damage.

Examples of fair wear and tear (landlord’s cost):

• Paint fading or yellowing over 2–3 years of normal occupancy.
• Small scuff marks on skirting boards from furniture movement.
• Carpet pile flattening in traffic areas over time.
• Tap washers wearing out after years of use.
• Cabinet door soft-close hinges losing tension over 3–5 years.
• Grout slightly discolouring in high-use shower areas.

Examples of damage beyond fair wear (tenant’s liability):

• Large impact holes in walls from picture hooks or impact.
• Broken tiles from a dropped heavy object.
• Burn marks on worktop from hot items placed directly on the surface.
• Deep stains from spills not cleaned promptly.
• Pet scratch damage to door frames or flooring.
• Broken window glass (unless from external cause).

The length of the tenancy affects the threshold: a property occupied for 3 years will naturally show more wear than one occupied for 12 months. A landlord who replaces a full kitchen after a 3-year tenancy cannot realistically claim the full replacement cost from the tenant — only any damage component above ordinary aging.

Grey areas and disputed items

Some items are genuinely ambiguous in Malaysian tenancy law and are the most common sources of deposit disputes:

The best resolution for grey areas is a well-drafted tenancy agreement that expressly allocates these items, rather than leaving them to be argued at vacation time. See our security deposit rules guide → for deposit protection and deduction rules.

When can the deposit be used for repairs?

The security deposit is held by the landlord as security for the tenant’s contractual obligations. In Malaysia, the standard security deposit is 2 months’ rent (plus half-month for utilities).

The landlord may deduct from the security deposit for:

• Damage beyond fair wear and tear caused by the tenant, their family or guests.
• Unpaid rent or utility bills left outstanding.
• Cleaning costs if the tenant left the unit in a demonstrably worse condition than at move-in (requires documented baseline).
• Cost of restoring unauthorised alterations the tenant made without permission.

The landlord cannot deduct for:

• Repairs that are the landlord’s responsibility (structural, waterproofing, major systems aging).
• Fair wear and tear — this is the landlord’s cost.
• Improvements the landlord chose to make that go beyond restoring the pre-tenancy condition.

Key requirement: to successfully deduct for damage, the landlord must have documented evidence of the unit’s condition at move-in. A date-stamped photo inventory at handover is the foundation of any deposit dispute. Without it, the landlord’s position in any dispute is weak — the tenant can simply assert the damage was pre-existing.

See our security deposit rules guide → for the full framework on deposits in Malaysia.

Notice before landlord entry for repairs

A tenant has the right to quiet enjoyment of the property — this is an implied term at common law. The landlord cannot enter the property without reasonable notice except in genuine emergencies (fire, flooding, gas leak).

Standard Malaysian practice (and recommended tenancy agreement drafting):

• The landlord gives at least 24–48 hours’ notice for non-emergency repairs or inspections.
• Entry is at a mutually convenient time — the tenant should not be required to leave for contractor visits.
• In genuine emergencies (burst pipe, structural collapse risk), the landlord or their contractor may enter without prior notice but should inform the tenant as soon as practicable.

What if repairs make the unit uninhabitable?

If a property becomes uninhabitable due to the landlord’s failure to carry out required repairs — for example, a roof leak that cannot be used in rain, or an electrical fault creating a safety risk — the tenant may have grounds under common law to:

• Withhold rent proportionate to the loss of use (partial rent abatement).
• Terminate the tenancy and claim damages, if the breach is sufficiently serious.
• Carry out the repair themselves and deduct the reasonable cost from rent (though this carries legal risk and should not be done without legal advice).

Similarly, if the tenant causes damage that makes the property uninhabitable, they remain liable for rent and costs until the property is restored.

These are extreme scenarios best avoided by a clear tenancy agreement, prompt repair reporting, and responsive landlord maintenance. If a dispute reaches this stage, both parties should obtain legal advice.

Practical: who calls the repairman?

Even where the landlord is legally responsible for a repair cost, the tenancy agreement should specify whether the landlord arranges the tradesperson or whether the tenant can arrange and claim reimbursement. This matters in practice because:

• Landlords who manage units remotely cannot always respond quickly; some prefer tenants to arrange minor repairs up to a set amount (e.g. RM300) and deduct from rent.
• Tenants who arrange their own repairman may use unlicensed or unqualified tradespeople, creating liability or quality issues.
• ClickBina can act as the landlord’s nominated contractor for both planned turnovers and reactive repairs, ensuring quality and response time without the landlord needing to coordinate from a distance.

Common tenancy agreement formulas for maintenance:

Tenancy agreement clauses to include

A robust tenancy agreement should expressly address the following repair-related points to prevent disputes:

• Allocation of minor plumbing repairs (e.g. tap washers, drain clearing) — specify a cost threshold (e.g. RM200) below which the tenant is responsible.
• Aircon servicing frequency — state who arranges and pays for annual service (typically tenant-arranged, landlord-paid or tenant-paid is specified).
• Light bulbs and consumables — confirm these are the tenant’s responsibility.
• Reporting obligation — tenant must report any defect within X days of becoming aware; failure to report promptly makes the tenant liable for additional damage caused by delay.
• Entry notice — landlord gives 24/48 hours’ notice for non-emergency access.
• Move-in inventory — a signed, photographed inventory at handover is incorporated into the agreement and forms the condition baseline for deposit purposes.
• Alterations clause — any alteration requires written consent; restoration on vacation.

For the full framework on preparing a unit before signing a tenancy, see our preparing a unit for rent guide → and rental inventory handover checklist →.

Sources & official references

• Contracts Act 1950 (Act 136) — general law of contract applicable to tenancy agreements in Malaysia; enforced as at 2026.
• Specific Relief Act 1950 (Act 137) — provides for specific enforcement of contractual obligations beyond damages.
• Common law — English common law principles on landlord habitability duties, quiet enjoyment and fair wear and tear, received into Malaysian law and applied by Malaysian courts.
• National House Buyers Association (HBA) — consumer guidance on tenancy rights in Malaysia (www.hba.org.my).
• Malaysian Bar — solicitor directory and legal guidance (www.malaysianbar.org.my).
• Note: As at 2026, Malaysia has not enacted a Residential Tenancy Act. Repair obligations are contractual and common-law based. Consult a solicitor for advice specific to your tenancy.