A tenant subletting your condo on Airbnb in Malaysia without written consent is almost always a breach of the tenancy agreement, but you still cannot evict them yourself. Collect evidence, check your subletting clause, send a written notice to stop, and if they do not stop, end the tenancy through a lawyer and the court.
We manage 100-plus homestay units in Johor Bahru and Desaru, so we see this question from both sides: owners who discover their long-term tenant is running a homestay in their unit, and owners who then ask whether they should run it properly themselves. This article covers both, including the part where turning it into a homestay is the wrong answer.
How do you find out if your tenant is listing your unit on Airbnb?
Most owners find out by accident: a neighbour complains, the management office sends a letter about strangers with luggage, or a friend sees the living room on Airbnb. You can check yourself in about 20 minutes:
| Check | What to look for |
|---|---|
| Search Airbnb, Agoda and Booking.com for your building name | Listings in your building with your furniture, view or floor plan |
| Look at the map pin and listing photos | Your sofa, curtains, kitchen or the view from your window |
| Reverse image search one of your own move-in photos | The same photo used on a listing |
| Read the reviews | Mentions of things only your unit has, such as a specific balcony view |
| Ask the management office | Visitor records, frequent access card requests, guard complaints |
| Check bills in your name | A sudden jump in TNB electricity or SAJ water use |
Screenshot everything with the date visible, and save the listing link. Listings disappear fast once a tenant knows you are asking, and screenshots are your evidence later.
Is it illegal for a tenant to sublet on Airbnb in Malaysia?
There is no Malaysian law that says "tenants may not Airbnb". What decides it is three things:
- Your tenancy agreement. Most Malaysian agreements say the tenant may not sublet, assign or part with possession without the landlord's written consent. Short-term letting to paying guests falls under that. If your agreement is silent, the case is weaker, but it is rarely silent.
- The building's by-laws. Many strata buildings restrict or ban short-term rental. Under the Strata Management Act 2013 the management can fine up to RM200 per breach, and the fine is usually charged to the parcel owner, which is you, not your tenant. We explained how bans work in what owners can do after a condo bans Airbnb.
- Local council rules. Some councils require a licence for short-term accommodation; see what licence a homestay needs in Johor Bahru.
The Residential Tenancy Act that the government has promised for years was still not in force as of the latest reports we could find in 2026, so landlords and tenants are still governed by the agreement plus general laws such as the Contracts Act 1950 and the Specific Relief Act 1950.
Can you change the locks or cut the access card?
No. In Malaysia a landlord cannot recover possession from a tenant without a court order, even when the tenant is clearly in breach. Changing locks, removing belongings, cutting electricity or asking management to block the tenant's access card can expose you to a claim for damages. It also hurts guests who did nothing wrong and have already paid someone.
The same goes for messaging the guests to leave. Your dispute is with your tenant, not with the people who booked.
What should a landlord do, step by step?
| Step | What to do | Why |
|---|---|---|
| 1. Evidence | Screenshots, listing link, reviews, management letters, dates | You need proof it is your unit and it is ongoing |
| 2. Read the agreement | Find the subletting clause, the breach and termination clause, and the notice period | This decides your options |
| 3. Check stamping | Make sure the agreement was stamped | An unstamped agreement can cause problems when you rely on it in court; it can usually be stamped late with a penalty |
| 4. Written notice | Letter or email: the breach, the evidence, a deadline to stop and take down the listing | Most cases end here |
| 5. Lawyer | If it continues, a lawyer's letter, then termination and a court order for possession if needed | The only lawful way to get the unit back |
For the notice, a clear deadline such as 14 days is a common example, but use what your agreement says. Keep the tone factual. Many tenants stop once they see the owner has the listing link.
At the end of the tenancy, damage beyond fair wear and tear can be deducted from the deposit like any other damage, with photos and receipts. If a building fine was charged to you because of the tenant's guests, ask your lawyer whether it can be claimed back under the agreement.
What should your tenancy agreement say next time?
A vague "no subletting" line is the most common gap. A clearer clause, as an example only and to be checked by your lawyer, covers:
- No subletting, licensing or letting of the whole or any part of the unit, including short-term or nightly stays through Airbnb, Agoda, Booking.com or any other platform, without the landlord's written consent.
- Any building fine, cleaning or repair caused by such use is charged to the tenant.
- Breach of this clause is a ground for termination after written notice.
- The tenant must give the management office only the names of actual occupants.
Also do a short inspection at least once or twice a year with notice, as most agreements allow.
Should you let the tenant do it and share the profit?
Some owners, once they see the listing, ask the tenant for a higher rent or a share. That can work, but think about what you are agreeing to:
- The building rules still apply to you. If short stays are banned, your written consent does not make it allowed, and the fines still come to you.
- Insurance. A normal houseowner or householder policy may not cover a unit used for paying guests. Ask your insurer in writing; we covered this in homestay insurance for owners.
- Wear and tear. Short stays mean many more check-ins, more cleaning and faster wear on sofas, mattresses and appliances.
- Control. You have no say in pricing, guest screening or house rules, but the reputation in the building is yours.
If you do agree, put it in writing: allowed platforms, maximum guests, who pays fines and cleaning, and your right to inspect.
Does a tenant running an Airbnb prove your unit should be a homestay?
Not by itself. A tenant who is subletting may be losing money, may be filling only weekends, or may be ignoring costs that you would carry as owner. What it does tell you is that there is guest demand in your building.
If the building allows short stays and you want to compare, do the sums honestly. As an example, take a long-term rent of RM2,000 a month. For real numbers on the homestay side, one owner we manage with 10 units received RM50,311 in total for December 2025, about RM5,031 per unit, but the same units received roughly RM2,388 to RM3,182 per unit in quieter months. A good year needs the peaks to carry the quiet months. Some units earn more as a long-term rental, and we say so in homestay vs long-term rental in Johor Bahru.
Be aware of our interest here: we only earn from homestay management, not from long-term rental. So we have a reason to want your unit to be a homestay. The numbers above are the honest version: in some months a homestay beats RM2,000 rent by a lot, in other months it does not.
Is this legal advice?
No. This is general information, not legal advice. Tenancy agreements differ, and the steps to terminate a tenancy and recover possession should be done with a Malaysian lawyer.
What if you want the unit back as a proper homestay?
Once the tenancy ends lawfully and you have confirmed the building allows short stays, you can run it yourself or hand it to a management company. Before you sign with anyone, read the 12 clauses to check in a management agreement. If you would like us to look at your unit, wherever it is in Johor Bahru or Desaru, you can send the details on our owner enquiry page.