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Lease And Sublease Agreement

Lease And Sublease Agreement Template for Malaysia

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Key Requirements PROMPT example:

Lease And Sublease Agreement

"I need a Lease and Sublease Agreement for a commercial office space in Kuala Lumpur, starting March 2025, with provisions allowing the tenant to sublet up to 40% of the space to technology startups, and including specific clauses about shared facilities and utilities allocation."

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Document background
The Lease And Sublease Agreement is essential for property transactions in Malaysia where the primary tenant may require the flexibility to sublease the property to third parties. This document is commonly used in commercial real estate, retail spaces, and large residential properties where complex tenancy arrangements are necessary. It must comply with Malaysian property law, particularly the National Land Code 1965 and the Contracts Act 1950. The agreement includes comprehensive provisions for both the primary lease and potential subleasing arrangements, covering aspects such as rental terms, maintenance obligations, permitted use, and specific conditions for subletting. It serves as a crucial tool for property owners and tenants to establish clear legal frameworks for their leasing relationships while maintaining control over property usage and occupancy.
Suggested Sections

1. Parties: Identification of the lessor/landlord and lessee/tenant with full legal names and addresses

2. Background: Context of the lease arrangement, including brief property description and intent of parties

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

4. Demise: The formal grant of lease, specifying the property being leased

5. Term and Renewal: Duration of the lease and any renewal options

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

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

8. Utilities and Outgoings: Responsibility for utility payments and other property-related expenses

9. Maintenance and Repairs: Obligations for property maintenance and repairs

10. Insurance: Required insurance coverage and responsibilities

11. Tenant's Covenants: Primary obligations and promises of the tenant

12. Landlord's Covenants: Primary obligations and promises of the landlord

13. Default and Remedies: Consequences of breach and available remedies

14. Termination: Grounds and procedure for termination

15. Governing Law: Specification of Malaysian law as governing law

16. Notices: Process for serving formal notices between parties

Optional Sections

1. Subletting Provisions: Terms for subletting, if permitted - include when subletting is specifically allowed

2. Assignment Rights: Terms for assigning the lease - include for longer commercial leases

3. Fit-out Works: Provisions for tenant modifications - include for commercial properties requiring renovation

4. Option to Purchase: Terms for tenant to purchase property - include if agreed between parties

5. Break Clause: Early termination options - include for longer term leases

6. Service Charge: Details of service charges - include for commercial properties or managed buildings

7. Green Lease Provisions: Environmental and sustainability requirements - include for green buildings or if specifically required

8. Quiet Enjoyment: Extended provisions for tenant's peaceful occupation - include for high-value commercial leases

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property including floor plans and boundaries

2. Schedule 2 - Inventory: List of fixtures, fittings, and furniture included in the lease

3. Schedule 3 - Rent Review Mechanism: Detailed process and calculations for rent reviews

4. Schedule 4 - Building Rules: Specific rules and regulations for the property or building

5. Schedule 5 - Service Charges Breakdown: Detailed breakdown of service charges and calculations

6. Schedule 6 - Permitted Use: Detailed description of allowed uses of the property

7. Appendix A - Form of Rent Review Notice: Template for rent review notifications

8. Appendix B - Handover Form: Property condition documentation for start and end of lease

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Hospitality

Healthcare

Education

Office Space Management

Residential Property

Manufacturing

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Risk and Compliance

Property Management

Asset Management

Administrative Services

Corporate Services

Procurement

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Contract Administrator

Real Estate Director

Operations Manager

Asset Manager

Commercial Lease Administrator

Property Development Manager

Real Estate Agent

Tenant Relations Manager

Risk Manager

Compliance Officer

Industries
National Land Code 1965: The primary legislation governing land matters in Peninsular Malaysia, including provisions for leases, registration of titles, and dealings in land
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, including lease agreements and their essential elements
Specific Relief Act 1950: Provides for remedies in case of breach of contract, including specific performance and injunctions relevant to lease agreements
Stamp Act 1949: Regulates the stamping of documents including lease agreements, making them legally enforceable and admissible in court
Commercial Tenancy Act: Governs the relationship between landlords and tenants in commercial properties, including rights and obligations of both parties
Distress Act 1951: Provides remedies for landlords to recover rent arrears through the seizure of tenant's goods
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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