Sublease Agreement Template for Malaysia

A Sublease Agreement lets a tenant (now called the sublessor) rent out all or part of their leased property to another person (the sublessee). In Malaysia, this common arrangement must follow the original lease terms and usually needs the landlord's written permission under the National Land Code 1965.

The agreement spells out key details like rental amounts, payment dates, and how long the sublease will last. It protects everyone involved by clearly stating responsibilities for property maintenance, utilities, and security deposits. Malaysian law requires these agreements to be properly stamped at the Stamp Office to be legally enforceable in court.

Use a Sublease Agreement when you need to rent out your leased space while keeping your original lease intact. This commonly happens when Malaysian businesses downsize but can't break their lease, or when students need to sublet their rental during semester breaks or overseas exchanges.

The agreement becomes essential for protecting your interests when moving temporarily for work assignments, dealing with unexpected financial changes, or maximizing unused commercial space. Malaysian law requires landlord approval and proper documentation through the Stamp Office, so start the process early - ideally at least a month before your intended sublease date.

• Commercial Sublease Agreement: Designed for business properties with specific terms for operating hours, signage, and shared facilities
• Sublease Contract Agreement: Standard comprehensive version covering both residential and commercial properties
• Lease And Sublease Agreement: Combines original lease terms with sublease provisions in one document
• Sublease Deposit Agreement: Focuses on security deposit management and return conditions
• Subtenant Lease: Simplified version for residential properties with basic terms

• Original Tenants (Sublessors): Malaysian residents or businesses who hold an existing lease and want to rent out their space to others
• Subtenants (Sublessees): Individuals or companies taking over the rental space, often students, temporary workers, or businesses seeking flexible arrangements
• Property Owners: Must approve the Sublease Agreement and maintain ultimate control over the property under Malaysian law
• Property Agents: Often facilitate sublease arrangements and help ensure compliance with local regulations
• Legal Advisors: Draft and review agreements to protect all parties' interests and ensure alignment with Malaysian tenancy laws

• Original Lease Review: Gather the existing lease to check subletting restrictions and landlord approval requirements
• Property Details: Document exact spaces being sublet, included facilities, and utility arrangements
• Financial Terms: Calculate rental amounts, security deposits, and payment schedules
• Tenant Screening: Collect sublessee's identification, employment details, and references
• Duration Planning: Define start and end dates, notice periods, and renewal options
• Landlord Approval: Obtain written consent from property owner before finalizing
• Document Preparation: Use our platform to generate a legally-compliant agreement that includes all required elements

• Party Details: Full legal names and addresses of sublessor, sublessee, and property owner
• Property Description: Exact location, boundaries, and included facilities as registered with local authorities
• Term and Payments: Duration, rental amounts, deposit terms, and payment schedules in Malaysian Ringgit
• Usage Rights: Permitted activities, occupancy limits, and maintenance responsibilities
• Landlord Consent: Written approval from property owner as required by Malaysian law
• Termination Clauses: Notice periods, breach conditions, and recovery processes
• Stamp Duty: Acknowledgment of duty payment requirement for legal enforceability
• Governing Law: Clear statement of Malaysian jurisdiction and applicable state regulations

A Sublease Agreement differs significantly from an Assignment Agreement in Malaysian property law. While both involve transferring property rights, they serve distinct purposes and carry different legal implications.

• Control and Responsibility: In a sublease, the original tenant maintains their lease and remains liable to the landlord, while creating a new agreement with the subtenant. An assignment transfers all rights and obligations to the new tenant completely
• Duration: Subleases must end before or with the original lease term, while assignments can extend to the full remaining lease period
• Landlord Relationship: Sublease maintains the original tenant as intermediary, while assignment creates a direct landlord-tenant relationship with the new occupant
• Legal Requirements: Subleases need specific landlord approval under Malaysian law, while assignments often require more extensive documentation and may need registration with land authorities