Your tenancy is ending, the new place is sorted, and the boxes are starting to pile up. There is one more thing standing between you and a clean exit: getting your deposit back. For most tenants in Malaysia that is two or more months of rent sitting with the landlord, which is real money.
Most deposit disputes don’t start on handover day. They start weeks earlier, with a notice period nobody checked, a final electricity bill that arrives late, or a wall scuff that no one photographed when you moved in. This guide walks through the whole move-out in order: what the law covers today, how deposits usually work, notice, cleaning and repairs, utilities, the joint inspection, chasing the refund and, if it comes to it, the small claims route.
This is a practical guide, not legal advice, so keep your tenancy agreement next to you as you read.
1. What the Law Says Today (and What It Doesn’t)
Many tenants assume there is a law that tells the landlord how much deposit to take and how fast to return it. As of November 2026 there isn’t one.
Malaysia’s planned Residential Tenancy Act is still a Bill, not an Act in force. As of our check on 9 November 2026, we found no report that it has been tabled in the Dewan Rakyat, passed, gazetted or brought into force (see also secondary coverage dated 29 October 2026). In August 2026 the Deputy Housing and Local Government Minister told the Dewan Negara that the ministry was finalising it, describing it as a way to balance the rights of tenants and owners and to offer “a quicker, easier and more affordable way to resolve disputes” (Sinar Daily / Bernama reporting). An NGO also urged the government not to push tabling into 2027, noting the Bill had yet to be tabled (Free Malaysia Today, 12 Aug 2026). Until it becomes law, your tenancy is still governed by your agreement and general contract law. For updates, watch the Ministry of Housing and Local Government (KPKT) website and Parliament’s bills list.
Until that changes, your move-out is governed by two things:
- Your tenancy agreement. Notice period, deposit amounts, refund timeline, what can be deducted and how the property must be returned are all set here.
- General contract law. Malaysia’s general contract rules sit in the Contracts Act 1950, which you can read on the Laws of Malaysia portal. If you end up in a dispute, it is decided as a contract matter.
👉 The practical takeaway: whatever your agreement says is what you and your landlord are measured against. Read it before you give notice, not after.
2. Know Your Deposits: What You Paid and What Comes Back
Most Malaysian tenancies use a common formula, often written as “2 + 1 + ½”: two months’ rent as security deposit, one month’s rent as advance rental, and half a month’s rent as utility deposit (PropertyGuru). That is market practice, not a legal requirement, so your own agreement may differ.
| Payment | What it covers | Is it refunded? | What triggers the refund |
|---|---|---|---|
| Security deposit (commonly 2 months) | Unpaid rent, damage beyond normal wear and tear, breach of the agreement | Yes, minus agreed deductions | Handover and inspection |
| Utility deposit (commonly ½ month) | Unpaid electricity, water, sewerage and other bills you agreed to pay | Yes, minus unpaid bills | Final bills settled |
| Advance rental (commonly 1 month) | Your first month’s rent | No, it was used as rent | Not applicable |
| Earnest or booking deposit | Holding the unit before signing | Usually rolled into the payments above | Check your agreement |
Two points trip people up:
- The advance rental is not a deposit. It paid for your first month. Don’t count it in your refund.
- “Using the deposit as the last month’s rent” is not automatic. Many agreements forbid it. If you want to do it, get the landlord’s agreement in writing first. Otherwise you risk being treated as having stopped paying rent.
Find the receipts or bank transfer records for every deposit you paid. You’ll need them later.
3. Read Your Tenancy Agreement Before You Give Notice
Set aside 20 minutes and go through the agreement with a highlighter. Look for these clauses:
| Clause to find | Why it matters |
|---|---|
| Expiry date and renewal option | Tells you whether you are leaving at the end of the term or early |
| Notice period | Commonly one or two months; giving late notice can cost you rent |
| Early termination | Some agreements forfeit part or all of the deposit if you leave before the term ends |
| Deposit refund period | Many agreements give the landlord a set number of days, often around 30, to refund |
| Condition on handover | Wording like “in good and tenantable repair, fair wear and tear excepted” |
| Painting or professional cleaning | Some agreements require repainting or cleaning at the tenant’s cost; others don’t |
| Inventory list | The list of furniture and fittings you must return |
| Utilities | Which bills you are responsible for and in whose name the accounts are |
Is your agreement stamped? Stamp duty on tenancy agreements falls under the Stamp Act 1949, administered by the Inland Revenue Board (LHDN: Duti Setem). Advisory firm Rödl & Partner notes that stamping is essential for an agreement’s enforceability in court, and that the old exemption on the first RM2,400 of annual rent was removed from 1 January 2025 (Rödl & Partner). If you ever need to rely on your agreement in a dispute, a properly stamped copy puts you in a better position. If yours was never stamped, ask the landlord or agent about it now rather than later.
4. Give Notice the Right Way
Even if your tenancy simply runs out, put your move-out in writing. A short email or WhatsApp message that you can screenshot works, as long as it matches what the agreement says about how notice must be given.
Your notice should state:
- The property address and the date of the tenancy agreement.
- Your intended move-out and key handover date.
- A request for a joint inspection on or before that date.
- A request for the deposit refund within the period in the agreement, with your bank details.
Send it before the notice deadline, keep proof of delivery, and ask the landlord or agent to acknowledge it. If the landlord wants to show the unit to new tenants during your notice period, agree on viewing times in writing too. It keeps things friendly and avoids surprise visits.
5. Plan the Move Around the Handover Date
The most common mistake is booking the lorry for the same day as the inspection, with no buffer. If the move runs late, you end up rushing the inspection or handing over a unit that still has boxes in it.
A safer sequence looks like this:
| When | What to do |
|---|---|
| 4–6 weeks before | Give notice, confirm the handover date, book your movers |
| 2–3 weeks before | Declutter; arrange disposal for items you won’t take |
| 1 week before | Fix small damage, start deep cleaning rooms you have emptied |
| Moving day | Load out; take photos and video of each empty room |
| 1–2 days after moving | Final clean, meter readings, joint inspection, key handover |
If your building is a condo or apartment, you will probably need to book the service lift and inform management for both the move-in at your new place and the move-out at the old one. Our BM guide on dealing with building management when moving covers what to ask.
For the move itself, TheLorry’s house moving packages start from RM368 for a 1-tonne lorry, RM623 for 3 tonnes and RM791 for 5 tonnes, with manpower, shrink wrap, stair carry and a protection plan of up to RM500 included (TheLorry Price in Malaysia). Your final price depends on distance, floor level and extra services, so check the quote when you book. Packing well also protects the landlord’s walls and floors on the way out; see our step-by-step packing guide.
👉 Book your move-out lorry: WhatsApp TheLorry: 017-964 5401
6. Fair Wear and Tear vs Damage
Most agreements let the landlord deduct for damage, but not for “fair wear and tear”, meaning the normal ageing of a home that is lived in. There is no official list in Malaysian law, so the line is set by your agreement and by evidence. Here is how the two are commonly distinguished:
| Usually fair wear and tear | Usually tenant damage |
|---|---|
| Paint fading from sunlight | Large stains, crayon or marker on walls |
| Light scuffs where furniture stood | Holes from nails or screws you weren’t allowed to make |
| Carpet or floor worn along walking paths | Burns, deep scratches or broken tiles |
| Curtains faded with age | Torn curtains or broken curtain rails |
| Hinges or handles loosened by normal use | Doors, fittings or appliances broken by misuse |
| Grout darkening over time | Mould from leaving a leak unreported |
Two habits make this much easier to argue:
- Compare with your move-in evidence. If you took photos or signed an inventory when you moved in, use them. A mark that was already there is not your damage.
- Ask for receipts. If the landlord deducts for repairs, it is reasonable to ask for a breakdown, quotation or invoice for each item.
7. Clean, Repair and Clear Out
Repairs worth doing yourself. Small fixes usually cost less than a landlord’s contractor. Patch small nail holes if your agreement allows it, replace blown bulbs, tighten loose handles, and reattach curtain hooks. Don’t attempt electrical or plumbing work you aren’t qualified for; report the issue instead.
Painting. Only repaint if your agreement requires it or the landlord asks. A badly matched patch can look worse than a scuff and become its own deduction.
Cleaning. Work top to bottom, room by room, once the furniture is out:
- Ceiling fans, light fittings, air-conditioner filters and grilles
- Inside cabinets, wardrobes, drawers and kitchen shelves
- Kitchen hob, hood, sink and the inside of the fridge (switch it off and leave the door open if the landlord agrees)
- Bathroom tiles, grout, glass panels and drains
- Windows, window tracks and grilles
- Floors last, including behind doors and under where furniture stood
If your agreement requires professional cleaning, keep the invoice.
Clearing out. Anything you leave behind can become a deduction for removal. Old mattresses, broken furniture and appliances are the usual culprits, and your building’s rubbish room often won’t take them. TheLorry’s furniture disposal service offers disposal by item for one to seven items, so you don’t need to rent a whole lorry for a few pieces.
Return the landlord’s items. Check the inventory list: furniture, curtains, appliances, remote controls, access cards and spare keys. Put small items in one labelled bag.
8. Settle Utilities and Final Bills
The utility deposit usually comes back only after the final bills are paid, so this step often decides how fast you get it.
| Account | What to do |
|---|---|
| Electricity (TNB) | Take a dated photo of the meter on handover day; settle the final bill and keep the receipt. Use myTNB to check your account and pay. |
| Water (e.g. Air Selangor in Selangor, KL and Putrajaya) | Photograph the water meter; settle the final bill. Check your state operator’s website, such as Air Selangor. |
| Sewerage (IWK) | Settle any outstanding sewerage charges if they are billed to you. |
| Internet and pay-TV | Give notice to your provider early; check contract lock-in periods and return any rented router or decoder. |
| Condo maintenance or access charges | Check with management whether anything is billed to the unit in your name. |
If an account is in your name, ask whether you need to close it or transfer it to the owner. If it is in the landlord’s name, send them your meter photos and final payment receipts. Final bills can take a full billing cycle to arrive, which is why landlords often hold the utility deposit a little longer than the security deposit. Agree in writing how long that will be.
Moving within Malaysia also means updating your address with JPN, banks and other agencies. Our BM guide Cara Tukar Alamat Selepas Pindah Rumah lists who to inform and what each one needs.
9. The Joint Inspection and Key Handover
Ask for the inspection to be done with you present, after you’ve moved out and cleaned, and before you hand over the keys.
Bring:
- Your tenancy agreement and the move-in inventory or photos
- A phone with enough storage and battery for photos and video
- Meter photos and final bill receipts
- All keys, access cards, car park stickers or remotes
- A printed handover form (or a simple one you write on the spot)
During the walk-through:
- Go room by room with the landlord or agent.
- Take a slow, dated video of every room, including ceilings, floors and inside cabinets.
- If an issue is raised, photograph it close up and note whether you accept it.
- Agree in writing on any items to be deducted, and on what is not.
The handover form. Before handing over keys, get both parties to sign a short note that records the date and time of handover, the keys and cards returned, meter readings, the condition agreed, any deductions agreed, and the date by which the balance of the deposit will be refunded. A WhatsApp message both sides reply “agreed” to is better than nothing, but a signed page is best.
10. After Handover: Following Up on Your Refund
Once the keys are back, the clock in your agreement starts. If the refund date passes:
- Send a polite reminder by email or WhatsApp, quoting the refund clause and the handover date.
- Ask for an itemised list if the landlord says deductions apply: what each deduction is for and the supporting quotation or receipt.
- Respond item by item. Accept fair deductions, and dispute the others with your photos and inventory.
- Send a formal written demand if there is still no response. State the amount owed, the basis (the clause and handover note), a final date for payment, and that you may pursue the claim if it isn’t paid.
Keep everything in writing and stay civil.
11. If the Landlord Won’t Refund: The Small Claims Route
If talking doesn’t work and the amount is not large, Malaysia’s small claims procedure is designed for people without legal training. According to the Selangor courts portal:
| Point | What the court portal says |
|---|---|
| Rules | Order 93 of the Rules of Court 2012 |
| Who can file | Only individuals can start a small claim; companies cannot, but a company can be named as defendant |
| Type of claim | Civil claims such as breach of contract, property damage or unpaid debts |
| Amount | Claims up to RM5,000; larger claims go through the normal court process |
| Lawyers | No legal representation at the hearing for either side (Order 93 rule 7), unless the law requires the defendant to be represented; you may still consult a lawyer beforehand |
| How to file | Get Form 198 (Small Claims Writ) from the nearest Subordinate Court registry or the portal, fill it in, sign it personally, and file it at the Magistrates’ Court with a filing fee |
| Defendant’s reply | The defendant files a defence using Form 199 |
Bring the same evidence you’ve been building all along: the stamped agreement, deposit receipts, move-in and move-out photos, the handover note, final bill receipts and your written demands. For fees and current procedure, check with the court registry before filing.
12. Your Move-Out Checklist
Four to six weeks before
- ☐ Read the tenancy agreement: notice, refund period, handover condition, inventory
- ☐ Give written notice and ask for acknowledgement
- ☐ Agree on viewing times for new tenants
- ☐ Book your movers and, for condos, the service lift
Two to three weeks before
- ☐ Declutter; arrange disposal of bulky items
- ☐ Give notice to internet and pay-TV providers
- ☐ Gather deposit receipts and move-in photos or inventory
The week before
- ☐ Do small repairs allowed by the agreement
- ☐ Clean rooms as they empty
- ☐ Collect the landlord’s items, keys, cards and remotes in one bag
Moving day and handover
- ☐ Photograph and video every empty room
- ☐ Photograph electricity and water meters
- ☐ Do the joint inspection
- ☐ Sign a handover note with deductions and refund date
- ☐ Hand over keys and cards against a signature
After handover
- ☐ Pay final bills and send receipts
- ☐ Update your address with JPN, banks and other agencies
- ☐ Follow up on the refund on the agreed date
For the general house-moving side of things, our Senarai Semak Lengkap Pindah Rumah covers packing, booking and moving day.
Frequently Asked Questions
How much deposit is normal for a rental in Malaysia?
The common formula is “2 + 1 + ½”: two months’ security deposit, one month’s advance rental and half a month’s utility deposit (PropertyGuru). It is market practice, not a legal rule, so your agreement may set different amounts.
How long does a landlord have to return my deposit?
There is no fixed period in Malaysian law today. The refund period is whatever your tenancy agreement says; many agreements use around 30 days. If yours is silent, agree on a date in writing at handover.
Can I use my security deposit as my last month’s rent?
Only if the landlord agrees in writing. Many agreements say the deposit can’t be used to offset rent, and doing it without agreement can be treated as a breach.
Can the landlord deduct for repainting?
It depends on the agreement. If it requires repainting at the end of the tenancy, the landlord can usually charge for it. If it only excludes “fair wear and tear”, normal fading shouldn’t be your cost. Ask for a quotation for any deduction.
What if my final electricity or water bill hasn’t arrived yet?
Send meter photos taken on handover day and agree on how much of the utility deposit the landlord will hold, and until when. Once the final bill is paid, the balance should be refunded.
Can I go to small claims court over my deposit?
If you are an individual and the amount is up to RM5,000, the small claims procedure under Order 93 of the Rules of Court 2012 may apply, without lawyers at the hearing (Selangor courts portal). Check with the court registry before filing.
Conclusion
Getting your deposit back is mostly about paperwork you do before the keys change hands: read the agreement, give proper notice, clear and clean the unit, settle the bills, and walk through the inspection with photos and a signed handover note. Do those well and most landlords refund without a fight. If one doesn’t, you’ll already have the evidence you need.
When you’re ready to move, TheLorry can handle the heavy lifting and clear out the furniture you don’t want to take. See our house moving service for what’s included.
👉 Get a move-out quote: WhatsApp TheLorry: 017-964 5401
Sources
- Sinar Daily, “Govt finalises Residential Tenancy Bill to protect tenants”: https://www.sinardaily.my/article/739370/focus/national/govt-finalises-residential-tenancy-bill-to-protect-tenants
- Free Malaysia Today, “Don’t delay tabling Residential Tenancy Bill to 2027, NGO tells govt” (12 Aug 2026): https://www.freemalaysiatoday.com/category/nation/2026/08/12/don-t-delay-tabling-residential-tenancy-bill-to-2027-ngo-tells-govt
- Ministry of Housing and Local Government (KPKT): https://www.kpkt.gov.my/
- Laws of Malaysia portal (Attorney General’s Chambers): https://lom.agc.gov.my/
- PropertyGuru Malaysia, rental deposits guide: https://www.propertyguru.com.my/property-guides/demystifying-the-3-types-of-rental-deposits-5115
- LHDN (HASiL), Pengenalan Duti Setem: https://www.hasil.gov.my/duti-setem/
- Rödl & Partner, “Stamp Duty on Tenancy Agreements increased effective January 1, 2025”: https://www.roedl.com/en/insights/malaysia-stamp-duty-tenancy-agreements-increased/
- Selangor courts portal, Prosedur Tuntutan Kecil: https://selangor.kehakiman.gov.my/ms/prosedur-tuntutan-kecil
- myTNB: https://www.mytnb.com.my/
- Air Selangor: https://www.airselangor.com/
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