The apartment lease form has to be executed by both parties and advisably, be witnessed. Some jurisdictions require the lease to be stamped whilst some would require that it be lodged with the land office concerned. Different states and countries have different laws regarding various aspects or finer details of the leasing process.

The apartment lease form needs to be as detailed as possible to ensure that there are no ambiguities in establishing the rights and obligations of the parties to the agreement. It should include a proper identity of the lessor and the lessee and their contact information. Next, the apartment to be occupied must also be sufficiently identified and if furnitures and fittings are part of the deal, the inventories should also be listed.

An apartment lease would be void if it does not state the date of commencement of the lease and the duration of the lease. Good drafting practice would also expect a provision to state what happens upon expiry of the lease – whether there be an automatic extension of lease or not.

Provisions on the lease payable and the deposits upfront should also be indicated. Deposits include utility deposits and security deposits. Most apartment lease forms would indicate that the deposits may not be used to set off rentals payable until and unless there is a breach and termination of the lease.

Landlords or Lessors also need to be mindful to incorporate the Deed of Mutual Covenants into the lease agreement to ensure that their tenants or lessees observe and abide with the terms indicated in the Deed of Mutual Covenants. Many lessors make the mistake of not incorporating the terms of the Deed of Mutual Covenants resulting in the lessors being liable for the misdeeds of their lessees.

Legal Title
In the Deed system, the legal title on the estate passes upon the act of parties. In the Torrens system, the legal title passes upon the act of the State i.e. when the relevant authorities make an endorsement indicated the transfer of legal title.

Title
In the Deed system, the title to the land is manifested through the chain of deeds. In the Torrens system, the Issue Document of Title (also commonly known as the Land Grant) provides the record of the ownership.

Convenience
In the Deed system, a potential buyer for the piece of land would have to sieve through various sale and purchase agreements and deeds to satisfy himself that the vendor is the current owner. In the Torrens system, a search at the registry would indicate the ownership.

Adverse Possession
The doctrine of adverse possession is recognised in the Deed system. Not so in the Torrens system.

Security
As security for lending and similar transactions, the owner mortgages and conveys the land to the mortgageee. In the Torrens system, the title continues to be vested in the owner. The register merely shows that the title has been pledged (charged) to the chargee.

There are four main pieces of legislation governing land matters in Malaysia namely, the National Land Code (Penang and Melaka Titles) Act 1963, the National Land Code 1965, the Sarawak Land Code and the Sabah Land Ordinance. By reason of the codifying of the law pertaining to land matters, the application of doctrines of equity relating to English land tenure is not permitted. Section 6 of the Civil Law Act 1956 prohibits the usage of English land law and rules of equity relating to the same in Malaysia but equitable principles which do not conflict with the general framework of the Torrens system may be applicable.