Commercial Sublease Agreement Template for Malaysia

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Key Requirements PROMPT example:

Commercial Sublease Agreement

"I need a Commercial Sublease Agreement for subletting a retail space in a shopping mall in Kuala Lumpur, starting from March 1, 2025, with specific provisions for operating hours matching mall timing and shared utilities cost allocation."

Document background
The Commercial Sublease Agreement is essential in Malaysia's commercial property sector when a tenant wishes to transfer partial or full use of their leased premises to another party while maintaining the original lease with the landlord. This document type is commonly used in situations where businesses need to downsize, relocate, or optimize their space usage while being bound by an existing lease. The agreement must comply with Malaysian property law, particularly the National Land Code 1965 and state-specific regulations, while ensuring alignment with the head lease terms. It typically includes detailed provisions for rent, security deposits, maintenance obligations, permitted use, and termination conditions. The document is crucial for protecting all parties' interests and ensuring clear documentation of the sublease arrangement, especially important in Malaysia's dynamic commercial property market where subleasing is increasingly common in various business districts and commercial zones.
Suggested Sections

1. Parties: Identification of the Sublandlord (current tenant) and Subtenant, including registration numbers for companies or ID numbers for individuals

2. Background: Recitals explaining the head lease arrangement, authority to sublease, and context of the sublease

3. Definitions: Definitions of key terms used throughout the agreement

4. Demise: Grant of the sublease, specifying the premises and any included facilities or services

5. Term: Duration of the sublease, commencement date, and expiry date

6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and review mechanisms

7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit

8. Permitted Use: Specified allowed uses of the premises

9. Subtenant's Covenants: Obligations of the subtenant including maintenance, repairs, compliance with laws, and conduct of business

10. Sublandlord's Covenants: Obligations of the sublandlord including quiet enjoyment and maintenance of structure

11. Insurance: Required insurance coverage and obligations of each party

12. Assignment and Subletting: Restrictions on further assignment or subletting

13. Termination: Events of default and termination rights

14. Yielding Up: Obligations upon expiry or termination of the sublease

15. Notices: Process and addresses for serving notices

16. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Service Charge: Include when the premises are part of a larger building with shared services

2. Alterations and Improvements: Include when specific renovation or alteration rights are to be granted

3. Break Clause: Include when early termination rights are to be granted to either party

4. Green Lease Provisions: Include for buildings with environmental certifications or sustainability requirements

5. Car Parking: Include when parking facilities are part of the lease

6. Signage Rights: Include when specific signage rights are being granted

7. Head Lease Compliance: Include detailed provisions when head lease has specific requirements that must be followed

8. Force Majeure: Include specific provisions for unforeseen circumstances affecting the lease

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed floor plan and measurements of the subleased premises

2. Schedule 2 - Head Lease: Copy or relevant excerpts of the head lease

3. Schedule 3 - Inventory: List of fixtures, fittings, and equipment included in the sublease

4. Schedule 4 - Service Charges: Breakdown of service charges and calculation method

5. Schedule 5 - Building Rules: Rules and regulations governing the use of the building

6. Schedule 6 - Yield Up Conditions: Detailed specifications for condition of premises upon return

7. Schedule 7 - Permitted Alterations: Pre-approved alterations or improvements that can be made

8. Appendix A - Form of Bank Guarantee: Standard format for bank guarantee if required instead of cash deposit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Retail

Food & Beverage

Professional Services

Technology

Healthcare

Manufacturing

Education

Financial Services

Logistics

Hospitality

Entertainment

Relevant Teams

Legal

Finance

Operations

Facilities Management

Real Estate

Administration

Compliance

Procurement

Risk Management

Corporate Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Property Manager

Facilities Manager

Legal Counsel

Real Estate Manager

Operations Director

Business Development Manager

Finance Director

Compliance Officer

Administrative Manager

Asset Manager

Commercial Director

Procurement Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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