Tenancy Renewal in Malaysia (2026 Landlord Guide) – ClickBina
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📄 Rental Property · Tenancy Renewal

Tenancy Renewal
in Malaysia (2026 Guide)

Process, stamp duty, rent review and the legal risks of letting a tenancy roll on informally — what every Klang Valley landlord needs to know.

Renewing a tenancy in Malaysia requires a new stamped tenancy agreement or a formal extension letter, both of which must be stamped at the nearest LHDN (Inland Revenue Board) office to be admissible in court. Stamp duty is RM1 per RM250 of annual rent above the first RM2,400. A tenancy that is allowed to run on informally (holdover) becomes a periodic tenancy under common law, with reduced legal protection for the landlord.

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.

Renewal options: new agreement vs extension letter

When a tenancy in Malaysia is coming to its end date, the landlord and tenant have three practical options:

OptionWhat it isWhen to use itMust be stamped?
New tenancy agreementA fresh agreement replacing the old one; full terms renegotiatedAny material change in terms (rent, duration, parties, conditions)Yes
Extension / renewal letterA simple letter or addendum extending the existing agreementSame terms, same parties, extending duration onlyYes (same stamp duty applies)
Holdover (informal roll-on)No new document; tenant stays and pays; landlord accepts rentShort-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).

Step-by-step renewal process

  1. Start 2–3 months before expiry. Give yourself time to negotiate, draft and stamp before the old agreement lapses.
  2. Negotiate terms: rent amount, duration, any changes to conditions (pets, subletting, renovation, etc.).
  3. Draft the new agreement or extension letter. Use a properly drafted template that covers all material terms. See the ClickBina Tenancy Agreement Template →.
  4. Both parties sign. Landlord and tenant (and any guarantor) sign all copies; date the document.
  5. Stamp within 30 days of signing at any LHDN counter (or via the MyStamp e-stamping portal). Late stamping is possible but incurs a penalty.
  6. Update the deposit position if the rent has increased (see deposit section below).
  7. Notify the utility companies if any account details have changed.

Stamp duty on tenancy renewal in Malaysia

Stamp duty on tenancy agreements (including renewals and extensions) is governed by the Stamp Act 1949. The rate for residential leases is:

  • First RM2,400 of annual rent: exempt
  • Every RM250 (or part thereof) of annual rent above RM2,400: RM1

The stamp duty is typically paid in equal shares by the landlord and tenant, though the agreement can specify otherwise.

Stamp duty calculation examples

Monthly rentAnnual rentTaxable annual rent (above RM2,400)Stamp duty
RM1,200RM14,400RM12,000RM48
RM1,800RM21,600RM19,200RM77
RM2,000RM24,000RM21,600RM87
RM2,500RM30,000RM27,600RM111
RM3,500RM42,000RM39,600RM159
RM5,000RM60,000RM57,600RM231

Formula: Stamp duty = ROUNDUP((Annual rent − RM2,400) / 250) × RM1. Verify with the LHDN MyStamp calculator at mystamp.hasil.gov.my.

Rent review at renewal

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:

  • 0–5% for a good long-term tenant in stable market conditions (retaining a reliable tenant often beats a higher rent with an unknown one)
  • 5–15% in strong rental demand areas (e.g. Mont Kiara, Bangsar, Damansara) where market rents have moved
  • No increase or slight reduction if the market has softened or to retain a tenant who has been performing

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.

Holdover tenancy — risks and legal position

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:

  • Reduced security: either party can end a periodic tenancy with just one month’s notice, giving you less planning certainty.
  • No stamped document: if a dispute arises, there is no current stamped agreement to produce as evidence in court.
  • Rent frozen at old rate: without a new agreement, there is no written basis for a rent increase.
  • Outdated terms: conditions agreed years ago may no longer reflect your needs or the law.

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.

Terms to review and update at renewal

A renewal is an opportunity to tighten or modernise the agreement. Consider reviewing:

  • Rent amount and due date
  • Permitted use — confirm no subletting or short-term letting (Airbnb) without consent
  • Pet clause — specify allowed/disallowed clearly
  • Renovation and alteration clause — no structural changes without written consent
  • Notice to quit period — align with your re-letting timeline
  • Utility responsibility — who pays TNB, water, internet, maintenance fee
  • Repair and maintenance responsibility — see our guide on landlord vs tenant repair responsibility →
  • Access clause — confirm landlord’s right to inspect with reasonable notice (24–48 hours)

Cost comparison: new agreement vs extension letter

FactorNew tenancy agreementExtension letter
Legal drafting costRM500 – RM1,500 (solicitor) or free (DIY template)RM200 – RM500 (solicitor) or free (DIY)
Stamp dutySame rate as above based on new annual rentSame rate as above
FlexibilityFull: all terms can be changedLimited: typically only extends duration
Court admissibilityFull: all terms enforceableFull if stamped; relies on original agreement for other terms
Best used whenAny change to rent, parties or conditionsSame rent, same parties, same conditions, extend only

Worked example — 1-year renewal at RM2,000/month

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.

ItemCalculationAmount
New monthly rentRM2,100
Annual rentRM2,100 × 12RM25,200
Taxable annual rentRM25,200 − RM2,400RM22,800
Stamp dutyROUNDUP(22,800 / 250) × RM1 = 92 × RM1RM92
Split equally landlord/tenantRM92 / 2RM46 each
Deposit top-up (if deposit = 2 months)RM200 increase × 2RM400 (tenant pays landlord)
Stamp deadline30 days from 1 June 2026By 1 July 2026

How and when to give notice of non-renewal

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:

  • Give notice at least 2 months before expiry to allow time to find a new tenant or new unit.
  • Non-renewal notice should state the agreement end date and confirm that the tenant is expected to vacate by that date.
  • Confirm all terms of return: key handover date, joint inspection timing, deposit refund timeline.

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.

What happens to the deposit at renewal

The security deposit carries forward unless the agreement specifies otherwise or the rent has changed:

  • Same rent: the existing deposit continues to be held; no adjustment needed.
  • Rent increase: if the deposit is a fixed multiple of monthly rent (e.g. 2 months), the tenant should top up the deposit to reflect the new rent. State this clearly in the new agreement.
  • No formal renewal (holdover): the deposit continues to be held by the landlord under the original terms, but there is no written basis for requiring a top-up if rent increases informally. Another reason to always execute a new document.

For full deposit rules, see our security deposit guide →.

Common renewal mistakes to avoid

  • Letting the tenancy lapse into holdover. Month-to-month periodic tenancy offers less security and no written basis for rent increases.
  • Not stamping the new agreement. An unstamped agreement is inadmissible in Malaysian courts. Even a late stamp is better than none — stamp within 30 days to avoid penalty.
  • Carrying forward outdated terms. A renewal is an opportunity to fix problem clauses; a lazy renewal that copies everything unchanged misses this.
  • Forgetting the deposit top-up. If rent increases and the deposit is 2 months’ rent, the landlord needs the extra deposit amount from day one of the new term.
  • No written handover at renewal. A brief joint inspection at renewal (noting condition, defects) creates a fresh baseline and reduces disputes at the end of the new term.
⚠️ Renewing a tenancy? Stamp the new agreement within 30 days. If your unit needs freshening up before a new term, WhatsApp ClickBina for a painting, touch-up or deep clean quote.

Common Questions

Do I need a new tenancy agreement when renewing in Malaysia?
You need either a new tenancy agreement or a formal extension letter — both must be stamped at LHDN. Simply allowing the tenancy to roll on without a new document creates a periodic (month-to-month) tenancy under common law, which provides less protection and has no written basis for rent changes.
How much is stamp duty for a tenancy renewal in Malaysia?
The stamp duty rate is RM1 for every RM250 of annual rent above the first RM2,400. For example, renewing at RM2,000/month (RM24,000/year) costs RM87 in stamp duty. It is typically split equally between landlord and tenant.
What is a holdover tenancy in Malaysia?
A holdover tenancy arises when a fixed-term tenancy expires but the tenant continues to occupy and the landlord continues to accept rent. Under Malaysian common law, this implies a periodic (usually month-to-month) tenancy, terminable by one calendar month’s notice from either party. It is legally precarious and not recommended as a long-term arrangement.
Can a landlord increase rent at renewal in Malaysia?
Yes. There is no statutory rent control for residential tenancies in Malaysia. Rent at renewal is freely negotiated. Market conditions in the Klang Valley typically see increases of 0–10% per renewal cycle, but this depends entirely on supply, demand and the negotiating position of both parties.
How far in advance should I give notice of non-renewal?
At least the notice period stated in your tenancy agreement — typically 1–2 months. Giving notice 2 months before expiry is good practice as it allows the tenant adequate time to find alternative accommodation and the landlord time to arrange viewings and a new tenancy.
Can I use an extension letter instead of a full new tenancy agreement?
Yes, if only the duration is being extended and all other terms remain the same. An extension letter is simpler and cheaper to draft, but must still be signed by both parties and stamped at LHDN. If the rent, parties or any conditions are changing, a full new agreement is advisable.
What happens to the security deposit when the tenancy is renewed?
The existing deposit typically carries forward. If rent increases and the deposit is tied to a monthly rent multiple (e.g. 2 months), the tenant should top up the deposit to reflect the higher rent. This top-up should be stated in the new agreement.
What is the deadline for stamping a tenancy renewal in Malaysia?
Tenancy agreements and extension letters should be stamped within 30 days of signing. Late stamping is possible but attracts a penalty under the Stamp Act 1949. LHDN’s MyStamp e-stamping portal (mystamp.hasil.gov.my) allows online stamping without a physical visit.

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