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Ready to use legal template

Drafted by lawyers

Compliant with Malaysian law

HomeRent your propertyNotice to vacate

Learn more about Notice to Vacate in Malaysia

The Notification to Vacate is a formal notice issued by the tenant to his landlord informing him of his decision to terminate the lease agreement for a variety of reasons. The tenant has the right to cancel your lease at any time. If the renter wishes to recover his security deposit, he must comply with the notice time and present a compelling cause for violating the contract. In the case of a default by the owner, Themis Partner provides you with a model of tenant breach of contract. Our legal team is also available to you to write a letter tailored to your situation, giving you the legal right to reclaim your deposit.

Table of contents


What is a Notice to Vacate?

A notice to vacate is a formal declaration sent to a landlord by a tenant informing them that they will be leaving their residence before the lease expires. A notice of intent to vacate is another name for a notice to vacate.

The letter of notice to vacate is delivered to provide your landlord adequate time to find a new tenant for the flat you’re leaving. The letter is typically distributed one to three months before your lease expires.

A notice to vacate can be given for any lease period, from month-to-month to regular one-year leases.

What is included in a Notice to Vacate Letter?

The Notice to Vacate typically includes the following provisions:

➤ Notification of termination decision
➤ Termination date
➤ The clause that forms the basis for termination
➤ Take note of any efforts to replace the renter, if agreed upon
➤ Acceptance or rejection of any financial penalty specified in the contract
➤ Termination of tenancy terms and circumstances
➤ Penalties, such as a failure to pay a security deposit, may be imposed

When should a Notice to Vacate be sent?

A 30-day notice to vacate letter is generally enough for your landlord.

However, specifications might be found in your leasing agreement. The notice period is frequently mentioned in this work, so make sure you are following protocol.

While a 30-day notice is often required, your landlord may want a 60-day or 90-day notice. If your lease does not specify a deadline for your notice to vacate, you should seek clarification from your landlord.

What are the different types of Notice to Vacate?

1. Cause Notice to Vacate

When a tenant serves his or her landlord with a cause notice to terminate the lease, it indicates that the landlord has violated the lease agreement or that the premises has become unsuitable or hazardous. Both landlords and tenants should understand the distinction between necessary and non-essential maintenance. Repairs that are time-sensitive, such as a broken HVAC system in the winter or summer, should be addressed within 1-7 days. Non-essential repairs, such as leaking faucets, minor appliance damage, or screen rips, often take 10-30 days.

2. No-Cause Notice to Vacate

The most common notice to vacate is one issued to a landlord without cause by a tenant. These notices to quit are often delivered a set number of days before the lease expires. Alternatively, they are sent when the tenant wishes or is forced to break the lease due to circumstances beyond the landlord’s control. In any case, the no-cause notice acts as a letter of termination to the landlord, alerting him or her that the tenant will not renew his or her lease and wants to quit the premises. It should be noted that a landlord’s no-cause notice to quit is unusual. It does occur in cases where the landlord wants to re-locate someone or themselves into the premises.

When returning the security deposit?

This is subject to the terms of the tenancy agreement. For example, if a notice period is provided and renters honor all payments, the deposit must still be reimbursed or waived as the final two months renting.

A security deposit is essentially a monetary security deposit for both parties involved. The property is not given to another renter, and the landlord is not concerned that the tenant would not return when the agreement is completed. As a result, if the renter breaches the lease and decides to depart sooner than stipulated in the contract, the tenant has no right to recoup the security deposit.

What laws affect tenants and landlords?

Here is a list of Malaysian laws:

➤ Contracts Act 1950 - this is the statute that governs tenancy agreement disputes
➤ The Civil Law Act of 1956 is the statute that governs payment disputes
➤ The Distress Act of 1951 is the piece of legislation that governs evictions
➤ The Specific Relief Act of 1950 makes it illegal for a landlord to evict a renter or make the property unavailable to tenants without a court order
➤ Common Law/Case Law - is a broad framework that would apply to rental issues

How to avoid tenancy disputes?

The first step to avoiding problems is effective communication. Be open and honest with your landlord or rental agent. In other words, if an accident occurs or something breaks down, you should let them know. Similarly, it is essential that your landlord keep you informed of any difficulties. A verbal agreement can be much more effective than legal action to resolve a problem. Many of these disagreements are already addressed by the terms and conditions of a decent rental agreement.

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