中文 · Bahasa Melayu · Bahasa Indonesia
By Jason Lim, REN 84424 · IQI Realty · Checked on 11 November 2026
This checklist is for owners letting a home in Johor Bahru or elsewhere in Malaysia, including owners living abroad. The short answer: ask for identity, a valid pass for foreign tenants, proof of income and a previous landlord’s contact; collect only what you need and handle it under the Personal Data Protection Act 2010 (PDPA); run credit checks only with consent; and make a signed, room-by-room inventory with meter readings and dated photos before you hand over the keys.
Quick answer
- What to ask for: MyKad or passport and pass, proof of income, a list of occupants and a previous landlord’s contact.
- PDPA: covers personal data in commercial transactions. Since 1 April 2025 the maximum penalty for breaching its principles is RM1 million, three years’ jail or both.
- Credit checks: tenants can view their own CCRIS report through Bank Negara’s eCCRIS at no fee; credit reporting agencies need the person’s consent.
- Foreign tenants: letting to someone without a valid pass can be an offence under section 55E of the Immigration Act 1959/63.
- Fair screening: judge every applicant on the same objective points, never race or religion.
- Inventory: room by room, with meter readings, key and access-card counts, dated photos and both signatures.
The rules that shape tenant screening in 2026
- Your agreement. On 4 August 2026 the deputy housing minister said the Residential Tenancy Bill was still being finalised (Bernama). I found no report of it being tabled by early November 2026, so the tenancy agreement sets the rules.
- The PDPA. Screening means collecting names, ID numbers and income details. The PDPA governs how that data is collected, used, kept and deleted.
- The Immigration Act 1959/63. Section 55E makes it an offence for an owner or occupier to let a person without a valid pass stay. A 2024 court report cited a fine of RM5,000 to RM30,000, up to a year in jail, or both, for each person.
For the clauses themselves, see my landlord guide to tenancy agreements in Johor Bahru.
What to ask a prospective tenant for
Ask for enough to answer three questions: is this person who they say they are, can they legally stay for the whole term, and can they afford the rent? The PDPA requires data to be adequate but not excessive for the purpose.
| Item | Malaysian tenant | Foreign tenant |
|---|---|---|
| Identity | MyKad (view the original, keep a copy) | Passport photo page |
| Right to stay | Not needed | Current pass (employment, dependant, student, MM2H or other) and its expiry date |
| Income | Employment letter or recent payslips; bank statements if self-employed | Employment letter from the Malaysian employer, or proof of income |
| Occupants | Names and ID numbers of everyone living there | Names and passport numbers of everyone living there |
| Reference | Previous landlord’s contact | Previous landlord’s contact, in Malaysia or abroad |
| Company let | Company registration documents and a letter naming the occupant | Same, plus the occupant’s passport and pass |
Checking a foreign tenant’s pass
Look at the original passport and pass, compare names and photos, and check the expiry date against the tenancy term. If the pass ends earlier, add a clause requiring the tenant to renew it, show you the new pass and tell you if it is cancelled. Foreign tenants can read my guide to renting in Johor Bahru as a foreigner.
References and a short interview
A call with a previous landlord is often the most useful check: was rent on time, how was the unit returned, was the deposit settled? Then meet or video-call the applicant, explain the house rules and building by-laws, and confirm how many people will live there and whether they keep pets. Ask every applicant the same questions.
Collecting tenant data lawfully under the PDPA
The PDPA covers personal data processed in commercial transactions, defined as any transaction of a commercial nature. Letting a property for rent is a commercial deal, so the sensible approach is to follow the Act’s principles. Agents and property managers acting for you are clearly covered. The Act exempts data an individual processes only for personal, family or household affairs; if you are unsure how it applies to you, ask a lawyer.
The 2024 amendments: what is in force
| In force from | What changed | What it means for landlords |
|---|---|---|
| 1 January 2025 | Administrative changes, such as serving notices electronically | No new duties |
| 1 April 2025 | “Data user” became “data controller”; biometric data became sensitive data; maximum penalty for breaching the principles raised from RM300,000 and two years to RM1 million, three years’ jail or both; data processors bound by the security principle | Higher stakes for careless handling, including by anyone who handles data for you |
| 1 June 2025 | Data protection officers, breach notification and data portability | The DPO duty applies above thresholds such as 20,000 data subjects, so it rarely affects an individual landlord; agencies may be caught |
The seven principles in plain terms
- General: collect for a clear purpose, with consent, and no more than you need.
- Notice and choice: tell applicants in writing, in Malay and English, what you collect, why and who will see it. A short notice on your application form works.
- Disclosure: share only with those who need it, such as your agent, lawyer or the management office, unless the tenant consents.
- Security: keep copies in a locked folder or password-protected account, not a group chat. Mark ID copies “for tenancy use only”.
- Retention: delete unsuccessful applicants’ documents once you have chosen; keep the tenant’s file only as long as the tenancy and any follow-up claim need it.
- Data integrity and access: keep details up to date, and let tenants see and correct what you hold.
Religion and health are sensitive personal data under the Act, which generally need the person’s explicit consent. A landlord has no screening reason to ask about religion, so do not ask.
Credit and background checks, with consent
- CCRIS. Bank Negara Malaysia’s credit system shows a borrower’s loans and repayments over the past 12 months. Individuals can view their own report through eCCRIS at no fee (Malaysians with a MyKad and online banking register online; others at an AKPK kiosk or through BNMLINK). The simplest route is to ask the applicant to share it.
- Credit reporting agencies. Bank Negara says approved agencies can access CCRIS only with the borrower’s consent, and they may charge a fee. Get written consent first.
- Bankruptcy status. The Malaysian Department of Insolvency (MdI) says anyone can search bankruptcy status on its e-Insolvensi portal; check the current fee there.
- Foreign applicants usually have no Malaysian credit record, so rely on the employer letter, income evidence and references.
A thin credit record is not a red flag on its own; young workers and newcomers often have one.
Letting your unit and want help with tenants?
Tell me the project, the asking rent and when it is available. For lets I handle, I check applicants’ documents with their consent and prepare the inventory with dated photos.
WhatsApp JasonRed flags when screening a tenant
- Cash only: wants to pay in cash without a receipt, or from an unrelated account.
- Pressure: pushes to sign or move in the same day, or to skip the viewing or agreement.
- No documents: will not show ID, a pass or proof of income, or the papers do not match.
- Changing occupants: vague about who will live there.
- Subletting plans: asks about short-stay listings or renting out rooms. Many by-laws restrict short stays; see my guide to Airbnb and short-stay rules in JB and add a no-subletting clause.
Scams run both ways; my guide to property scams in Johor Bahru covers common patterns.
Fair screening: race and religion are off the list
In March 2026 The Star reported a study of about 35,000 Klang Valley room-rental listings in which 42.8% explicitly excluded at least one racial group, most often Indian renters. Malaysia has no specific law against this by private landlords; a lawyer explained in 2020 (Malay Mail) that courts have held the Constitution’s equality article binds the state, not private individuals. A Residential Tenancy Act could change that once tabled.
Legal or not, I treat it as bad practice. It shrinks your pool of good tenants, and race says nothing about whether rent will be paid. Write down your criteria in advance and apply them to everyone: identity and a valid pass, income that comfortably covers the rent, references, and acceptance of your terms on occupants, pets and short stays.
Deposits and the offer letter
No law fixes rental deposits in Malaysia. The common pattern, as Malay Mail described in July 2026, is two months’ security deposit, one month’s advance rent and half a month’s utility deposit: about RM7,000 upfront on RM2,000 a month, before stamp duty. Many JB landlords also take a booking deposit with a signed offer letter. State when it is refunded if either side walks away, and in the agreement, what can be deducted from the deposit and by when it is refunded. See my guide to rental deposit refunds.
Stamp duty on the tenancy agreement
Tenancy agreements are charged under Item 49 of the First Schedule to the Stamp Act 1949, on every RM250 (or part) of annual rent:
| Tenancy length | Duty per RM250 of annual rent | At RM2,000 a month |
|---|---|---|
| Up to 1 year | RM1 | RM96 |
| Over 1 year, up to 3 years | RM3 | RM288 |
| Over 3 years, up to 5 years | RM5 | RM480 |
| Over 5 years | RM7 | RM672 |
The old exemption for annual rent up to RM2,400 ended for agreements from 1 January 2025 (The Sun). Stamping moved to self-assessment on LHDN’s MyTax e-Duti Setem in 2026, and LHDN said it would not penalise errors in 2026 submissions (The Star, December 2025). Stamp within 30 days of signing; the tenant is usually liable on the original, so agree who files it.
The move-in inventory checklist
The inventory is your evidence for any deposit deduction and the tenant’s protection against unfair ones. Do it together on handover day and attach it to the agreement.
| Area | What to record |
|---|---|
| Entrance and living room | Door, grille and locks; walls, floor, ceiling; lights, fans, switches; aircon and remote; curtains; furniture |
| Kitchen | Cabinets, worktop, sink and tap, hob and hood, fridge, washing machine; inside the fridge and cabinets |
| Bedrooms | Beds and mattresses, wardrobes, aircon and remote, lights, curtains, windows |
| Bathrooms | Water heater, shower, taps, toilet, sink, mirror, exhaust fan, tiles |
| Balcony or yard | Floor trap, drying rack, glass panels |
| Meters | Electricity and water readings, each with a dated photo |
| Keys and access | Door and letterbox keys, access cards, car park tags, gate remotes |
| Appliances | Age where known, last aircon service date, working at handover |
- Dated photos of each wall, floor and ceiling, each item, and close-ups of existing marks.
- A walk-through video of every room, with taps and appliances switched on.
- Clear condition words such as new, good, fair or marked, rather than “OK”.
- Signatures from both sides on every page; each keeps a copy and the photos.
- A short window, such as the first week, for the tenant to report defects in writing.
Furnished lets need a longer list; see furnished vs unfurnished rentals in JB.
The handback checklist at move-out
- Agree the date of the joint inspection, with the inventory and move-in photos at hand.
- Walk through room by room and note differences in writing, with photos.
- Separate fair wear and tear (normal ageing from careful use) from damage.
- Read and photograph the meters; hold the utility deposit until final bills are paid.
- Count keys, cards and remotes against the move-in list.
- Settle deductions with photos, receipts or quotes, and refund the balance by the agreed date.
- Delete documents you no longer need, in line with the PDPA’s retention principle.
If a tenancy goes wrong, see my guides on a tenant not paying rent and ending a tenancy early. Owners abroad can read managing a JB property from overseas; rental income is covered in my rental income tax guide.
Where to buy if this matters to you
- JB Sentral and Bukit Chagar: near the CIQ and the RTS Link station; Singapore commuters.
- Mount Austin: families and working couples.
- Tebrau, Setia Indah and Molek: established family neighbourhoods.
- Iskandar Puteri: Medini, EduCity and the Second Link.
- Skudai, Tampoi and Kempas: near universities and industrial areas.
- Permas Jaya and Senibong: east-side condos and landed homes.
Compare them on my JB property map, or read renting a JB unit to Singapore commuters.
More Johor living guides: Tenancy agreements for JB landlords · Rental deposit refunds · Renting out rooms in JB · Buying a tenanted property in JB
Frequently asked questions
What documents can a landlord ask a tenant for in Malaysia?
Usually a MyKad copy for Malaysians or a passport copy and valid pass for foreigners, proof of income such as an employment letter or payslips, the names of all occupants and a previous landlord’s contact. Under the PDPA, ask only for what you need.
Does the PDPA apply to landlords?
The PDPA covers personal data processed in commercial transactions, and letting a property for rent is a commercial deal, so the safe approach is to follow its principles. Agents and property managers are clearly covered. If you are unsure how it applies to you, ask a lawyer.
Can a landlord check a tenant’s CCRIS report?
Not directly. Bank Negara Malaysia lets individuals view their own CCRIS report through eCCRIS at no fee, so you can ask the applicant to share it. Approved credit reporting agencies can access CCRIS only with the person’s consent.
Is it legal to rent only to one race in Malaysia?
Malaysia has no specific law banning private landlords from it, but it is unfair and bad practice. Screen every applicant on the same objective points: identity, a valid pass, income, references and acceptance of your terms.
How much is stamp duty on a tenancy agreement in 2026?
RM1 per RM250 of annual rent for a term of up to one year and RM3 for one to three years, under LHDN’s June 2026 guideline. There has been no RM2,400 exemption since 1 January 2025. RM2,000 a month for a year means RM96.
What should a move-in inventory include?
Every item room by room with its condition, meter readings, the number of keys, access cards and remotes, and dated photos and a video. Both sides sign it at handover and use it again at move-out.
Letting your JB home?
Tell me the project, the asking rent and when the unit is available. For lets I handle, I check applicants’ documents with their consent, arrange viewings and prepare the inventory with dated photos and meter readings at handover. You can also book an appointment, or a Zoom consultation if you are abroad.
Sources: PDP Commissioner, Act 709 reprint as at 15 September 2026 (in-force dates of Act A1727; sections 4, 6, 10, 40, 45); PDP Commissioner, FAQ, updated 18 July 2025; PDP Commissioner, Amendment Act 2024 page, 12 August 2025; Malay Mail, “Understanding the Personal Data Protection Act”, 28 August 2025; Bank Negara Malaysia, CCRIS, accessed November 2026; Malaysian Department of Insolvency, search FAQ, updated 8 October 2025; Daily Express, Immigration Act section 55E(1) case, 26 April 2024; Bernama, Residential Tenancy Bill being finalised, 4 August 2026; The Star, “Study finds racial bias in Klang Valley room rentals”, 12 March 2026; Malay Mail, on racial discrimination in renting, 23 December 2020; Malay Mail, on rental deposits, 12 July 2026; LHDN, stamp duty guideline (First Schedule, Stamp Act 1949), 30 June 2026; The Sun, stamp duty changes from 2025, accessed November 2026; The Star, no penalties in first year of self-assessment stamp duty, 21 December 2025
Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 11 November 2026, not legal or tax advice. How the PDPA applies to your let, and any tenant dispute, are questions for a Malaysian lawyer. Rules change; confirm with LHDN, the PDP Commissioner, your lawyer and your building’s management before you act.