Have you ever considered ending a tenancy early? Whether you are a tenant or landlord, you must understand the related legal liabilities and potential risks.
🚪Why Would a Tenancy End Early?
Life changes unexpectedly, and common reasons include:
• Tenant needs to relocate or close their business
• Landlord wants to take back the property to increase rent
• Both parties cannot continue due to management or financial issues
⚠️But note: unless the tenancy explicitly states “early termination allowed,” such actions are usually considered a breach of contract.
📜 Contract Priority Principle: The Tenancy Agreement Comes First
In law, the contents of the tenancy prevail. If a tenant ends the lease early, common legal consequences include:
💰The deposit may be forfeited, but under these conditions:
• ✔️The tenancy must state that the landlord may forfeit the deposit upon early termination
• ❌If not stated, the tenant still has the right to request the deposit back
💡Tip: Some tenancy agreements distinguish between:
• Rental deposit
• Utility/maintenance deposit (water, electricity, management fees)
Even with early termination, as long as all bills are cleared, the relevant deposits should be returned according to law.
💸Compensation: Can the Landlord Claim More?
The landlord may not only withhold the deposit but also claim remaining rent for the unexpired term under the contract.
⚖️Legal Principles (Case Reference):
📌Berjaya Times Square Sdn. Bhd. v Twingems Sdn. Bhd. & Anor (No.2) \[2012] 4 MLRH 99
The court stated these principles:
1. ✅Compensation must be based on actual loss
2. ✅The landlord must prove real loss due to breach, such as vacancy or re-letting costs.
3. ❌The purpose of compensation is not to “profit” the landlord. It is to restore both parties to the position as if the contract had been performed.
4. 📦Deposit is counted in loss calculation to avoid unjust enrichment.
5. 🛠️Duty to Mitigate Loss
Landlords should take reasonable steps after breach, such as advertising or finding a new tenant.
6. 🧾Reasonable related costs can be claimed
Since such costs are caused by the breach, the tenant must bear them.
✅Practical Advice: The Importance of Early Termination Clauses
To reduce future disputes, add a clause before signing:
“Either party may terminate with prior notice (e.g., 30 days) subject to reasonable loss compensation.”
Such an “early termination clause” offers flexibility and legal protection, common in modern leases.
🔄If the Landlord Ends Early, Can the Tenant Fight Back?
The answer: Yes! ✅
By law, the landlord must ensure the tenant’s right to occupy for the whole term.
If the landlord reclaims the property without lawful reason, it is a breach.
The tenant can claim the following remedies:
🧑⚖️Damages — Based on the actual loss compensation principle
🏢Specific Performance
Specific Performance — Court order requiring the landlord to let the tenant stay until term end
📚Reference Case: Siew Soon Wah & Ors v Yong Tong Hong \[1973] 1 MLRA 726
The court allowed the tenant to stay until the original end date, protecting their legal rights.
📌Summary: Early Termination ≠ Just Pay the Deposit and Walk Away!
Before signing, check:
🔹Does it have an early termination clause?
🔹Is deposit handling clearly stated?
🔹Does it state the scope of compensation?
📞Want your tenancy to be legally secure?
Contact us for expert legal review to clarify responsibilities and avoid disputes.
