Guides

How much deposit can a landlord ask for and when must it be returned?

No law in Malaysia sets the amount of a residential rental deposit or the period for returning it. The tenancy agreement and the Contracts Act 1950 decide it. Market practice is a two-month security deposit and a half-month utility deposit. Disputes up to RM5,000 can be claimed yourself at the Small Claims Court without a lawyer.

By the UrusPro team. Checked 16 September 2026 against the official sources below. Not tax or legal advice.

Does the law set the amount of a rental deposit?

No. The Residential Tenancy Act proposed by KPKT was still being finalised in August 2026 and has not been tabled in Parliament [6]. The Minister said in February 2026 that it was at its final stage [7].

Until that act is in force, the deposit amount, deductions and return period are decided by the tenancy agreement and the Contracts Act 1950 [4].

How much deposit is usually asked for?

Common market practice is a security deposit of two months' rent, one month's advance rent and a utility deposit of half a month [8]. An access card or key deposit is usually between RM50 and RM100 [8].

This is practice, not a legal limit. The amount agreed in the tenancy agreement is what applies.

What can be deducted from a deposit?

Under the Contracts Act 1950, a party that suffers loss from a breach of contract is entitled to compensation for that loss [4]. If the agreement names a specific amount for a breach, only reasonable compensation up to that amount can be claimed [4].

In practice, deduct only for losses you can prove, such as unpaid rent, unpaid bills or damage beyond normal wear and tear, and give a written reason for each deduction.

How do you claim a deposit that was not returned?

Individuals can file claims of up to RM5,000 at the Small Claims Court [1]. Neither party may be represented by a lawyer, and the decision is final and binding [2].

The claim is filed using Form 198, and the party being claimed against must file a defence in Form 199 within 14 days [2]. The filing fee is RM20 [3].

Claims above RM5,000 go to the Magistrates' Court, which hears civil claims of up to RM100,000 [1].

The jurisdiction of the Tribunal for Consumer Claims does not mention tenancies or deposits, and it does not hear claims involving an interest in land [5]. The Small Claims Court is the more certain route.

What records should a landlord keep?

Complete records shorten disputes, because the evidence for each deduction can be shown.

  • An inventory list signed by both parties when the tenant moves in [8].
  • Photos of each room's condition when the tenant moves in and out [8].
  • A deposit receipt with the amount and date.
  • A written reason and evidence for each deduction.

Frequently asked questions

Yes, if the tenant agrees, because no law sets a limit. Market practice is two months [8].

Official sources

  1. [1] Maklumat Umum Mahkamah (General information on the courts), Pejabat Ketua Pendaftar Mahkamah Persekutuan. Read 16 September 2026.
  2. [2] Prosedur Tuntutan Kecil (Small claims procedure), Mahkamah Negeri Selangor. Read 16 September 2026.
  3. [3] Kenali Mahkamah Tuntutan Kecil (Getting to know the Small Claims Court), Majlis Peguam Malaysia. Read 16 September 2026.
  4. [4] Akta Kontrak 1950 (Akta 136) (Contracts Act 1950, Act 136), Jabatan Peguam Negara. Read 16 September 2026.
  5. [5] Bidang Kuasa Tribunal (Jurisdiction of the Tribunal), Tribunal Tuntutan Pengguna Malaysia. Read 16 September 2026.
  6. [6] Residential Tenancy Bill being finalised to balance rights of tenants, landlords, The Star. Read 16 September 2026.
  7. [7] Residential Tenancy Act reaches final stage, The Edge Malaysia. Read 16 September 2026.
  8. [8] Rental deposits in Malaysia explained, iBilik. Read 16 September 2026.

Keep your rental records in one place

Early bird RM 10 a month per homestay listing and RM 3 per room let monthly. No commission on bookings.

  • First listing free
  • No credit card
  • Stop any time