Is Your Tenancy Agreement Too Generic? 10 Signs You’re Using an Outdated Template in Malaysia
Many Malaysians still use tenancy agreements passed down from relatives, reused by agents for years, or downloaded from old websites. These templates often look complete, and most people only realise their weaknesses when a dispute occurs — usually involving repairs, deposits, or renewal.
A good tenancy agreement doesn’t need to be complicated. It just needs to be clear, modern, and relevant to today’s rental environment. If your agreement feels generic or confusing, here are ten strong signs it may be outdated.
1. Responsibilities are not clearly separated
Older agreements tend to use broad phrases like “the tenant shall maintain the property” or “the landlord shall ensure good condition”. In reality, this is the fastest path to conflict. Modern tenancies involve air-conditioners, water heaters, built-in furniture, smart appliances, and a wide range of fixtures — each with their own upkeep responsibilities.
If your agreement does not clearly define who is responsible for regular servicing, small repairs, replacement of old items, reporting timelines, or handling appliance failure, the template is behind the times. Clarity here prevents many unnecessary disputes.
2. You cannot tell whether it is pro-landlord or pro-tenant
This is one of the most overlooked but powerful signs. A generic template often appears neutral, but in reality it may contain clauses that heavily favour one side without either party realising it. When the agreement lacks clear positioning, both sides enter the tenancy with different assumptions, only discovering the imbalance when a problem arises.
A strong modern agreement makes its intention obvious. For example, a landlord-focused version will emphasise protection of property condition, stricter rules on entry, and tighter control on subletting. A tenant-focused version offers clearer safeguards, more balanced termination terms, and fairer maintenance expectations.
Do you know the agreement you are signing is protecting you, or the other side?
3. It says nothing about short-term rental or Airbnb
Older agreements were created long before short-term rental platforms existed. If your agreement does not address Airbnb, Agoda, or similar platforms, you are using an outdated template. Without a clause that clearly states whether short-term rental is prohibited or allowed under specific conditions, both landlord and tenant are exposed to risks involving building management, neighbours, and security.
4. It does not mention access cards, parking rules, or modern condo facilities
Traditional templates only mention keys. But today, a typical high-rise unit involves several access cards, door remotes, lift access, designated parking bays, parcel room rules, and sometimes even smart locks. When an agreement does not address these items, disputes arise during move-out — especially when cards go missing or when building management imposes penalties for misused facilities.
A modern agreement reflects the reality of high-rise living and makes handover far smoother.
5. Deposits are lumped together without a proper structure
A vague deposit clause is one of the biggest sources of conflict in Malaysia. Outdated agreements usually mix everything into one deposit or provide just a single line on refunds. They do not explain what the deposit covers, how deductions work, what happens to outstanding utilities, or how long it takes to refund.
A modern agreement separates the Security Deposit from the Utility Deposit, explains their purpose, and outlines the steps for refund, deductions, and handling final bills. Without this structure, every move-out becomes a negotiation.
6. No mention of air-conditioning servicing or appliance upkeep
Airconds are the number one cause of rental disputes today. Older templates don’t mention them at all, because they were written for homes with fans and simple fixtures. Today, tenants and landlords often argue about gas top-ups, clogged pipes, servicing schedules, and who pays for breakdowns. A modern agreement addresses this clearly and prevents assumptions.
7. Landlord entry and inspections are not properly defined
If the agreement only says “landlord may enter with notice”, it’s outdated. Tenants need privacy, and landlords need access — but both sides need clarity. Modern agreements specify reasonable notice, acceptable timing, how viewings work near the end of tenancy, and what counts as an emergency where no notice is required. Without this, both sides become frustrated and feel the other is acting unreasonably.
8. Renewal, rent review, and early termination are vague or missing
The typical generic template simply states, “renewal subject to mutual agreement”. This creates confusion because it does not explain when discussions should begin, how long the notice period is, whether rent adjustments follow a process, or how early termination works for either party.
A modern agreement provides structure so that neither landlord nor tenant is caught off guard near the expiry date. Clear renewal timelines also prevent last-minute disputes and rushed decisions.
9. WhatsApp or email is not recognised as valid notice
This is a major sign of an outdated template. Many older agreements still require notices to be sent by registered post, which nobody uses today. When WhatsApp messages, emails, or SMS are not recognised as written notice, one party can easily claim they “did not receive official notice”.
A modern agreement acknowledges the way Malaysians actually communicate and prevents unnecessary arguments.
10. Fair Wear & Tear is mentioned but never explained
Almost every agreement uses the phrase “fair wear and tear”, but very few explain what it means. Without examples, both landlord and tenant interpret it differently, especially during deposit refund discussions. Modern agreements provide clarity — such as distinguishing between normal ageing of materials and damage caused by misuse — so both sides evaluate the unit fairly at handover.
Why Modern Agreements Matter Today
Malaysia’s rental landscape has changed significantly. We now live in a world of high-rise buildings, digital communication, parcel deliveries, strict building management rules, multiple access devices, Airbnbs, and expensive appliances. A generic tenancy agreement simply cannot capture these realities.
If your current agreement feels overly simple, unclear, or outdated — or if you cannot confidently tell who it is meant to protect — you are relying on a template that no longer fits today’s expectations.
That is why our bilingual, role-specific DIYA tenancy packs were designed. They remove outdated assumptions, clarify responsibilities, and reduce the chances of misunderstandings long before they happen. Whether you are a landlord or a tenant, a clear and modern agreement protects your rights and ensures a smoother rental experience for everyone involved.
