Mutual Lease Termination Agreement for Malaysia

Mutual Lease Termination Agreement Template for Malaysia

A legally binding agreement under Malaysian law that formally documents the mutual consent between a landlord and tenant to terminate an existing lease agreement before its original end date. The document outlines the terms and conditions of the early termination, including the termination date, settlement of outstanding payments, return of security deposits, property handover procedures, and mutual release from future obligations. It ensures compliance with Malaysian property and contract law while protecting both parties' interests in the termination process.

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What is a Mutual Lease Termination Agreement?

The Mutual Lease Termination Agreement is a crucial document used in Malaysia when both landlord and tenant agree to end their lease arrangement before the originally planned termination date. This document is essential for protecting both parties' interests and ensuring a clear, legally compliant closure of the tenancy relationship. It becomes particularly relevant in situations such as business relocations, property sales, or mutual agreement to end the lease due to changed circumstances. The agreement must comply with Malaysian property law, including the National Land Code 1965 and Contracts Act 1950, and typically includes provisions for security deposit returns, outstanding payments, utility settlements, and property handover procedures. A properly executed termination agreement helps prevent future disputes and provides clear documentation of the parties' agreement to end their lease obligations.

What sections should be included in a Mutual Lease Termination Agreement?

1. Parties: Identification of the Landlord and Tenant with full legal names and addresses

2. Background: Details of the existing lease agreement including date, property details, and current status

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

4. Mutual Agreement to Terminate: Clear statement of both parties' agreement to terminate the lease and the effective termination date

5. Security Deposit: Arrangements for the return or deduction of the security deposit

6. Outstanding Payments: Settlement of any outstanding rent, utilities, or other payments

7. Handover of Premises: Requirements and process for returning the property to the landlord

8. Release and Discharge: Mutual release from future obligations under the original lease

9. Governing Law: Confirmation that the agreement is governed by Malaysian law

10. Execution: Signature blocks and execution details

What sections are optional to include in a Mutual Lease Termination Agreement?

1. Existing Disputes: Used when there are ongoing disputes that need to be resolved as part of the termination

2. Property Damage: Include when there are specific agreements about repair or compensation for damage

3. Remaining Property: Required when addressing disposal or removal of tenant's remaining property

4. Third Party Rights: Include when there are sublease or assignment arrangements that need to be terminated

5. Confidentiality: Optional clause for keeping the terms of the termination confidential

6. Survival Clauses: Specifying which obligations survive the termination

What schedules should be included in a Mutual Lease Termination Agreement?

1. Schedule 1 - Property Details: Detailed description of the leased property including address and any included fixtures

2. Schedule 2 - Inventory List: List of any fixtures, fittings, or items included in the original lease

3. Schedule 3 - Payment Settlement: Detailed breakdown of final payments, deductions, and refunds

4. Schedule 4 - Handover Checklist: Checklist for property inspection and handover requirements

5. Appendix A - Original Lease: Copy of the original lease agreement being terminated

6. Appendix B - Property Inspection Report: Final inspection report documenting the condition of the property

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

Jurisdiction

Malaysia

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Real Estate

Commercial Property

Retail

Hospitality

Industrial

Office Space

Residential Property

Manufacturing

Warehousing

Education

Relevant Teams

Legal

Property Management

Facilities Management

Operations

Asset Management

Compliance

Administration

Real Estate

Contract Management

Corporate Services

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Corporate Lawyer

Lease Administrator

Property Administrator

Asset Manager

Operations Manager

Contract Manager

Real Estate Director

Compliance Officer

Company Secretary

Property Officer

Legal Administrator

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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