The Office Space Lease Agreement is a fundamental legal document used in Malaysian commercial property transactions to establish and regulate the relationship between landlords and tenants for office premises. This agreement is essential when businesses seek to lease office space in Malaysia, whether in commercial buildings, business parks, or mixed-use developments. It incorporates requirements from Malaysian property law, including the National Land Code 1965, Contracts Act 1950, and relevant state-level legislation. The document covers crucial aspects such as lease duration, rental payments, maintenance responsibilities, permitted use, and compliance with local regulations. It's particularly important in Malaysia's major commercial centers like Kuala Lumpur, Penang, and Johor Bahru, where office space leasing forms a significant part of commercial real estate transactions.
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1. Parties: Identification of the landlord and tenant, including registration numbers for companies
2. Background: Brief context of the lease arrangement and property ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Demised Premises: Detailed description of the leased office space and common areas
5. Term and Renewal: Duration of lease, commencement date, and renewal provisions
6. Rent and Payment Terms: Rental amount, payment schedule, and payment methods
7. Security Deposit: Amount, payment terms, and conditions for return of security deposit
8. Utilities and Service Charges: Responsibilities for utility payments and building service charges
9. Use of Premises: Permitted use of the office space and restrictions
10. Maintenance and Repairs: Responsibilities of landlord and tenant for maintenance and repairs
11. Insurance: Required insurance coverage for both parties
12. Assignment and Subletting: Conditions and restrictions on assignment or subletting
13. Landlord's Covenants: Obligations and warranties of the landlord
14. Tenant's Covenants: Obligations and warranties of the tenant
15. Termination: Grounds and procedures for early termination
16. Notices: Process for serving notices between parties
17. Governing Law: Specification of Malaysian law as governing law
1. Fit-Out Works: Details of permitted renovations and tenant improvements - include when tenant will perform initial renovations
2. Building Amenities: Access to and rules regarding shared facilities - include when building has significant shared facilities
3. Car Parking: Allocation and terms of parking spaces - include when parking is part of the lease
4. Signage Rights: Terms for external and internal signage - include when tenant requires specific signage rights
5. Green Building Compliance: Environmental compliance requirements - include for green-certified buildings
6. COVID-19 Provisions: Special provisions related to pandemic measures - include if specifically required
7. Break Clause: Option for early termination under specific conditions - include if agreed between parties
8. Rent Review: Mechanism for periodic rent reviews - include for longer-term leases
1. Schedule 1 - Floor Plan: Detailed plan showing the demised premises and common areas
2. Schedule 2 - Inventory: List of fixtures, fittings, and furniture included in the lease
3. Schedule 3 - Service Charges: Breakdown of service charges and calculation method
4. Schedule 4 - Building Rules and Regulations: Detailed building rules and operational guidelines
5. Schedule 5 - Fit-Out Guidelines: Technical specifications and requirements for renovations
6. Schedule 6 - Handover Condition: Documentation of premises condition at handover
7. Appendix A - Building Services: Details of building services and maintenance schedule
8. Appendix B - Emergency Procedures: Emergency protocols and evacuation procedures
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