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Main Tenant And Subtenant Agreement

Main Tenant And Subtenant Agreement Template for Malaysia

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Key Requirements PROMPT example:

Main Tenant And Subtenant Agreement

"I need a Main Tenant And Subtenant Agreement for a commercial office space in Kuala Lumpur, where I will be subletting 2,000 square feet to a tech startup for 24 months starting March 1, 2025, with specific provisions for 24/7 access and server room installation permissions."

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Document background
The Main Tenant And Subtenant Agreement is a crucial legal document used in Malaysia when a primary tenant wishes to sublease all or part of their rented property to another party. This arrangement is common in both commercial and residential contexts, particularly in urban areas where property sharing and cost optimization are prevalent. The document ensures compliance with Malaysian property laws while establishing clear rights and responsibilities between the main tenant and subtenant, always subject to the terms of the head lease. It typically includes detailed provisions about rent, maintenance, utilities, security deposits, and use restrictions, while incorporating necessary references to the head lease terms. This agreement is especially important in Malaysia's dynamic property market where subletting arrangements must navigate both federal and state-specific legal requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the main tenant and subtenant, including their legal capacity to enter into the agreement

2. Background: Explains the context of the agreement, including reference to the head lease and main tenant's authority to sublease

3. Definitions: Defines key terms used throughout the agreement including Property, Head Lease, Term, Rent, etc.

4. Grant of Sublease: Formal clause establishing the sublease from main tenant to subtenant

5. Term and Possession: Specifies the duration of the sublease and possession arrangements

6. Rent and Payment Terms: Details the rent amount, payment schedule, and method of payment

7. Security Deposit: Specifies the security deposit amount, terms of holding, and conditions for refund

8. Utilities and Outgoings: Allocates responsibility for utility payments and other ongoing expenses

9. Use of Premises: Specifies permitted use of the property and any restrictions

10. Maintenance and Repairs: Defines responsibilities for property maintenance and repairs

11. Main Tenant's Obligations: Lists all obligations of the main tenant including those flowing from the head lease

12. Subtenant's Obligations: Details all obligations and responsibilities of the subtenant

13. Insurance: Specifies insurance requirements for both parties

14. Default and Remedies: Outlines what constitutes default and the available remedies

15. Termination: Details circumstances and procedures for termination of the agreement

16. Notices: Specifies how formal notices should be given between parties

17. Governing Law: Confirms Malaysian law governance and jurisdiction

Optional Sections

1. Head Landlord's Consent: Required when the head lease requires landlord's consent for subletting

2. Renovation and Alterations: Include when the subtenant is permitted to make changes to the property

3. Option to Renew: Include if the subtenant is given an option to extend the sublease term

4. Break Clause: Include if either party has the right to terminate early under specific conditions

5. Sharing of Common Areas: Required when the property includes shared facilities or common areas

6. Furniture and Fittings: Include when the property is provided furnished

7. Special Conditions: For any unique requirements or circumstances specific to the property or parties

8. Assignment and Further Subletting: Include if there are specific provisions about further transfer of rights

9. Quiet Enjoyment: Optional clause guaranteeing subtenant's right to peaceful occupation

10. Force Majeure: Include provisions for unforeseen circumstances preventing performance of obligations

Suggested Schedules

1. Schedule 1: Property Description: Detailed description of the subleased property including floor plan and boundaries

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

3. Schedule 3: Head Lease Terms: Key terms from the head lease that affect the sublease

4. Schedule 4: House Rules: Building or property rules and regulations applicable to the subtenant

5. Schedule 5: Utility Readings: Initial meter readings for utilities at the start of the sublease

6. Appendix A: Copy of Head Lease: Attached copy of the main lease agreement

7. Appendix B: Condition Report: Detailed report on property condition at commencement of sublease

8. Appendix C: Head Landlord's Consent Letter: If required, written consent from the head landlord for the sublease

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Office Space

Industrial

Hospitality

Education

Healthcare

Co-working Spaces

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Risk Management

Property Management

Asset Management

Business Development

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Contract Administrator

Leasing Manager

Property Administrator

Real Estate Agent

Building Manager

Asset Manager

Operations Manager

Compliance Officer

Risk Manager

Business Development Manager

Space Planning Manager

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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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