Process, stamp duty, rent review and the legal risks of letting a tenancy roll on informally — what every Klang Valley landlord needs to know.
This guide is for general information only. Stamp duty figures are based on LHDN (Inland Revenue Board) rates current as at 2026; verify the latest rates at lhdn.hasil.gov.my before stamping. WhatsApp ClickBina if your unit needs freshening up before re-signing.
When a tenancy in Malaysia is coming to its end date, the landlord and tenant have three practical options:
| Option | What it is | When to use it | Must be stamped? |
|---|---|---|---|
| New tenancy agreement | A fresh agreement replacing the old one; full terms renegotiated | Any material change in terms (rent, duration, parties, conditions) | Yes |
| Extension / renewal letter | A simple letter or addendum extending the existing agreement | Same terms, same parties, extending duration only | Yes (same stamp duty applies) |
| Holdover (informal roll-on) | No new document; tenant stays and pays; landlord accepts rent | Short-term only — high risk for landlord (see below) | No document to stamp; legally precarious |
The recommended best practice is always to execute a new or extension document and stamp it. An unstamped agreement is not admissible as evidence in Malaysian courts under the Stamp Act 1949 (though it can be stamped late with a penalty).
Stamp duty on tenancy agreements (including renewals and extensions) is governed by the Stamp Act 1949. The rate for residential leases is:
The stamp duty is typically paid in equal shares by the landlord and tenant, though the agreement can specify otherwise.
| Monthly rent | Annual rent | Taxable annual rent (above RM2,400) | Stamp duty |
|---|---|---|---|
| RM1,200 | RM14,400 | RM12,000 | RM48 |
| RM1,800 | RM21,600 | RM19,200 | RM77 |
| RM2,000 | RM24,000 | RM21,600 | RM87 |
| RM2,500 | RM30,000 | RM27,600 | RM111 |
| RM3,500 | RM42,000 | RM39,600 | RM159 |
| RM5,000 | RM60,000 | RM57,600 | RM231 |
Formula: Stamp duty = ROUNDUP((Annual rent − RM2,400) / 250) × RM1. Verify with the LHDN MyStamp calculator at mystamp.hasil.gov.my.
There is no statutory rent control or cap for residential tenancies in Malaysia. Rent at renewal is freely negotiated between the parties. In practice, Klang Valley landlords typically adjust rent by:
Before naming a figure, check current listing prices for comparable units on the market and factor in vacancy risk. A 3-week void period on a RM2,000/month unit costs RM1,500 in lost rent — equivalent to a 6% annual increase absorbed immediately.
See our guide on how to set the right rental price in Malaysia → for market benchmarking.
If the fixed-term ends and neither party takes action but the tenant keeps paying and the landlord keeps accepting, the law implies a periodic (month-to-month) tenancy under common law. This creates several risks for the landlord:
A holdover is acceptable for 1–2 months while a renewal is being finalised, but should never become a permanent arrangement. Execute and stamp a new document promptly.
A renewal is an opportunity to tighten or modernise the agreement. Consider reviewing:
| Factor | New tenancy agreement | Extension letter |
|---|---|---|
| Legal drafting cost | RM500 – RM1,500 (solicitor) or free (DIY template) | RM200 – RM500 (solicitor) or free (DIY) |
| Stamp duty | Same rate as above based on new annual rent | Same rate as above |
| Flexibility | Full: all terms can be changed | Limited: typically only extends duration |
| Court admissibility | Full: all terms enforceable | Full if stamped; relies on original agreement for other terms |
| Best used when | Any change to rent, parties or conditions | Same rent, same parties, same conditions, extend only |
Scenario: Existing 1-year tenancy (RM2,000/month) expiring. Landlord and tenant agree to renew for another year at RM2,100/month. New agreement signed on 1 June 2026.
| Item | Calculation | Amount |
|---|---|---|
| New monthly rent | — | RM2,100 |
| Annual rent | RM2,100 × 12 | RM25,200 |
| Taxable annual rent | RM25,200 − RM2,400 | RM22,800 |
| Stamp duty | ROUNDUP(22,800 / 250) × RM1 = 92 × RM1 | RM92 |
| Split equally landlord/tenant | RM92 / 2 | RM46 each |
| Deposit top-up (if deposit = 2 months) | RM200 increase × 2 | RM400 (tenant pays landlord) |
| Stamp deadline | 30 days from 1 June 2026 | By 1 July 2026 |
If either party does not wish to renew, notice should be given in writing well before expiry — typically 1–2 months as stated in the agreement. Best practice:
If you are not renewing and need to prepare the unit for a new tenant, WhatsApp ClickBina early — we can often complete a turnover within 1–2 weeks.
The security deposit carries forward unless the agreement specifies otherwise or the rent has changed:
For full deposit rules, see our security deposit guide →.
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