Stamp Duty Calculation
Stamp duty for tenancy agreements is based on annual rent. The formula:
| Annual Rent | Stamp Duty Rate |
| First RM2,400 | Exempt (no duty) |
| Above RM2,400 | RM1 per RM250 (or part thereof) for every year of tenancy |
Example Calculations
| Monthly Rent | Annual Rent | Stamp Duty (1 year) | Stamp Duty (2 years) |
| RM1,000 | RM12,000 | RM38 | RM76 |
| RM1,500 | RM18,000 | RM62 | RM124 |
| RM2,000 | RM24,000 | RM86 | RM172 |
| RM2,500 | RM30,000 | RM110 | RM220 |
| RM3,000 | RM36,000 | RM134 | RM268 |
Formula: ((Annual Rent - RM2,400) / RM250) x RM1 x number of years. Round up any partial RM250 block.
Who pays stamp duty? By convention, the tenant pays the stamp duty for the original agreement, and the landlord pays for the duplicate copy. However, this is negotiable — check what your agreement says. Some landlords split the cost 50/50.
Frequently Asked Questions
What happens if I don't renew and just keep paying rent?
If your tenancy agreement expires and you continue paying rent (and the landlord accepts it), you become a "tenant at will" or "holding over tenant." This means either party can terminate with reasonable notice (typically 1 month). You lose the protections of a fixed-term tenancy — the landlord can raise rent or ask you to leave with short notice. Always renew formally.
Can I stamp the agreement online?
Yes. LHDN's e-Stamping portal at stamps.hasil.gov.my allows you to stamp tenancy agreements online. You'll need to create an account, fill in the agreement details (parties, property, rent, duration), pay online, and print the stamp certificate. Attach this certificate to your agreement. It has the same legal validity as a physical stamp.
What if I stamp late (after 30 days)?
Late stamping incurs penalties: RM25 or 5% of the duty (whichever is greater) if stamped within 3 months, and up to 5x the original duty if later. You can still stamp a late agreement — LHDN will assess the penalty when you submit. It's always better to stamp late than never.
Do I get my deposit back when I renew?
When renewing with the same landlord, the security deposit usually carries forward — you don't get it back and don't need to pay it again. However, if the rent increases, the landlord may ask for a top-up to maintain the 2-month equivalent. Check what your renewal agreement says about deposits.
Can my landlord refuse to renew?
Yes. Unless your tenancy agreement has a mandatory renewal clause, the landlord is not obligated to renew. They must give you proper notice (as stated in the agreement, usually 2 months). If you have a "right of first refusal" or "option to renew" clause, the landlord must honour it as long as you meet the conditions.