Reviewing your lease agreement to sublet property

The first thing to check to sublet property is whether the lease agreement allows for subletting. Some lease agreements may prohibit subletting entirely, while others may allow it with prior written consent from the landlord. If subletting is prohibited, you cannot sublet your property without violating the Lease Agreement.

If the lease agreement Consent to Sublease, check if it requires written consent from the landlord before subletting. If the lease agreement requires written consent, you must obtain it before subletting.

Seeking the landlord’s approval to sublet property

Notify your landlord: Inform your landlord that you are considering subletting your property and request their approval. You may do this in writing or in person, but it's always best to have a written record of the request.
Provide details: Provide your landlord with the details of your proposed subletting arrangement, including the name of the subtenant, the duration of the sublet, the rental amount, and any other relevant details.
Wait for a response: Wait for your landlord's response to your request for subletting. If your landlord agrees, they may require you to sign a subletting agreement or may request additional information from the subtenant.
Obtain written consent: If your landlord approves your request for subletting, make sure to obtain written consent from them. The written consent should state the duration of the sublet, the rental amount, and any other relevant details.
Register the subletting agreement: Once you obtain written consent from your landlord, you must register the subletting agreement with the relevant authorities in Malaysia, as per the legal requirements

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Finding a subtenant to sublet property

Finding a subtenant to sublet property requires some effort and planning.

1. Firstly, you need to decide on the rental rate, the duration of the sublet, and the terms and conditions of the subletting agreement.

2. Once you have these details in place, you can start looking for potential subtenants. You can advertise the subletting opportunity on various platforms such as social media, online marketplaces, and classifieds. You may also consider approaching local real estate agents, as they may have clients looking for short-term rentals.

3. Additionally, it’s essential to thoroughly screen potential subtenants to ensure they meet your requirements and are trustworthy. You may want to conduct background checks and obtain references before finalising the subletting agreement.

 Signing a sublease agreement

Signing a Sublease Agreement is an important step to protect the rights and responsibilities of both the tenant and the subtenant in order to sublet property. It should outline the terms and conditions of the subletting arrangement, including the rental rate, the duration of the sublet, and any other relevant details such as utilities, maintenance, and security deposits. Both the tenant and the subtenant should review the sublease agreement carefully before signing to ensure that they understand and agree to all the terms and conditions. It’s always advisable to seek legal advice to ensure that the sublease agreement is legally valid and enforceable.

Collecting a security deposit

Collecting a security deposit is a common practice to sublet property in Malaysia. The security deposit is usually a sum of money that the subtenant pays upfront as a guarantee against any damages or unpaid rent. The amount of the security deposit can vary depending on the rental rate and the duration of the sublet. Typically, the security deposit is equivalent to one or two months’ rent. The sublease agreement should clearly state the amount of the security deposit and the conditions for its return.

It should be held in a separate account and returned to the subtenant at the end of the subletting period, provided that the subtenant has fulfilled all the terms and conditions of the sublease agreement. If there are any damages or unpaid rent, the security deposit can be used to cover these costs, and the balance should be returned to the subtenant.

Tenant sublease property Malaysia

Notifying the landlord

It’s essential to seek the landlord’s approval before subletting and to inform them about the details of the subletting arrangement. The sublease agreement should also clearly state that the subletting is subject to the landlord’s approval. Once the landlord approves the subletting, they should be provided with a copy of the sublease agreement for their records. It’s also advisable to keep the landlord informed about any changes in the subletting arrangement, such as the addition or removal of subtenants, or any issues that may arise during the subletting period.

Collecting rent and paying the landlord

The subtenant should pay rent to the tenant, who, in turn, pays the landlord. The sublease agreement should clearly state the rental rate and the due date for the rent payment. It’s advisable to collect the rent payment in advance to avoid any late payments or default. The tenant should ensure that the rent payment is made on time and in full to avoid any potential legal issues or disputes with the landlord.

It’s also important to keep a record of the rent payments and provide the subtenant with a receipt for their records. The tenant should pay the landlord on time and in accordance with the terms of their lease agreement.

Maintaining the property

In order to sublet property to the subtenant, the tenant should ensure that the property is clean, safe, and in good condition. The sublease agreement should outline the responsibilities of the subtenant in maintaining the property, such as cleaning, repairs, and maintenance. The tenant should also conduct regular inspections of the property to ensure that it is being maintained in a satisfactory manner. Any repairs or maintenance issues should be addressed promptly to avoid any potential safety hazards or property damage.

To sublet property in Malaysia can be a great way to earn extra income, but it is important to follow the legal procedures and take the necessary precautions to avoid any potential issues.  By following these steps and being diligent throughout the process, subletting can be a mutually beneficial arrangement for all parties involved. Don’t hesitate to ask our lawyers to accompany you during your process of subletting your property.

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