Rent Agreement

A rental agreement is a legal document that serves as a contract between the landlord and the tenant.

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Drafting

Rent agreement must aling with the contract between the buyer and seller while incorporating key clauses specific to NRI needs. Basic DIY rent agreement can be drafted by the client covering all standard terms of an agreement, otherwise Our NRI expert lawyers will thoroughly understand the transaction and draft a agreement covering complexities.

Basic Rent agreement - $ 30

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Review

India for NRI offers a review service where our expert lawyers will carefully examine the agreement and provide their observations, if any.

Schedule a paid call of 30 mins with our consultant
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Registration

Registration Act of 1908 mandates the registration of a lease agreement if the term is more than 12 months, which involves payment of stamp duty and regitsration charges. Otherwise the rent agreement can either be notarised or signed.

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Design Your Package

Rent agreement

Price

DIY rent agreement
$30
Review
$50
Registration
$250

Total Value

Base - basic :$100

Base Price :$0

Total Amount :$0

Power of Attorney

Price

Drafting of POA
$60
Notarisation & Attestation
$200
Registration of POA
$200

Total Value

Base - basic :$100

Base Price :$0

Total Amount :$0

Document Required

ID proof of Tenant and landlord

Original proof of ownership of the property

Property papers such as tax receipts

Two passport photographs of each of the parties and one copy of each of the witnesses

Original Lease Agreement (two sets)

Stamp paper (with correct e-stamp value )

E-Registration fee

2 witness along with ID

Submit your Query

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Frequently Asked Questions

Yes, a house rent agreement can be 24 months or even more. But usually, a rent agreement is made for 11 months only to avoid stamp duty and other fees. The Registration Act of 1908 mandates the registration of a lease agreement if the term is more than 12 months. Stamp duty and a registration fee must be paid for any agreement that is registered.

In the absence of an agreement between the parties, as per section 29 clause ( c ) of the Indian Stamp Act, it is the responsibility of the Lessee/Tenant to pay the stamp duty. As a standard practice, the stamp duty and registration charges are shared equally between the Lessee and Lessor.

  • Section 23 of the Registration Act, 1908 provides time for presenting documents, Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution.

Yes, rent agreements are required for commercial properties as well. While there may be some differences in terms and clauses compared to residential agreements, a written contract is essential for clarity and legal protection in commercial rental arrangements.

  • The notice period is generally between 1 to 3 months for either the landlord or tenant to vacate the property.
  • The exact notice period should be clearly mentioned in the rental contract through a mutual agreement between both parties.

  • Yes, rent agreements are required for commercial properties.
  • While the terms and clauses may differ from residential agreements, having a written contract is essential for legal clarity and protection in commercial rental arrangements.

For residential property, registration is required only if the rent exceeds ₹20 lakhs annually, but GST is not applied on rent.

  • The security deposit clause should specify:
  • The amount of the security deposit.
  • Conditions under which deductions may be made (e.g., for damage to the property or unpaid rent).
  • The process and timeline for returning the deposit upon agreement termination.

  • Rent increases are subject to local rent control laws if applicable.
  • These laws often specify the maximum percentage for annual rent increases.
  • It is essential to check local regulations to ensure compliance.

  • If a tenant fails to pay rent, the landlord can issue a notice for unpaid rent and may initiate legal eviction proceedings if the issue is not resolved.
  • The process and timeline for eviction may vary by state.

  • A landlord can enter the rented property for specific reasons, such as repairs, inspections, or emergencies, but generally with prior notice to the tenant.
  • Entry without consent and a valid reason may be considered harassment and is not permitted.

  • Subletting is generally not allowed unless explicitly permitted in the rent agreement.
  • Tenants are responsible for the actions and payments of subtenants.
  • It is advisable to have written consent from the landlord and a separate sublease agreement.

  • Disputes should first be addressed through negotiation between the landlord and tenant.
  • If unresolved, the parties can approach a local Rent Control Authority or a civil court for legal remedies.

  • The process for registering a rent agreement involves:
  • Drafting the agreement.
  • Obtaining the required stamp paper.
  • Visiting the local sub-registrar office.
  • Paying the applicable stamp duty and registration fees.
  • Submitting the agreement for registration.
  • The registration process varies by state, and it is advisable to check local guidelines and requirements.

  • Including an exit clause is not mandatory but can be beneficial.
  • It outlines the terms under which either party can terminate the agreement before its expiration, including notice periods and penalties, which helps reduce disputes.

  • A 'Force Majeure' clause addresses unforeseeable events, such as natural disasters or government actions, that may disrupt the rental arrangement.
  • It typically allows for the temporary suspension of obligations during such events.

  • Modifications or alterations to the rented property are generally not allowed without the written consent of the landlord.
  • Any structural or permanent changes to the property should be approved by the landlord in writing.
  • Cosmetic changes may be allowed with prior permission, but it is advisable to clarify this in the rent agreement.

  • The responsibility for maintenance and repairs is typically defined in the rent agreement.
  • Generally, landlords handle structural repairs, while tenants are responsible for minor day-to-day maintenance.

  • The notice period for vacating a property is typically specified in the rent agreement, commonly one month.
  • Both parties must follow the notice requirements, and failure to do so may result in legal consequences.

A landlord cannot evict a tenant without a valid reason, such as non-payment of rent or breach of terms, and must follow legal procedures to obtain a court order for eviction.

  • A rent agreement should specify the landlord's right to access the property for inspections or emergencies, while respecting the tenant's right to privacy.
  • Prior notice is usually required before any such entry.

After inspecting the property for damages or unpaid rent, the landlord should return the remaining security deposit to the tenant within the agreed timeline.

  • A tenant may break a rent agreement without penalty in situations such as the property becoming uninhabitable due to landlord negligence or serious breaches by the landlord.
  • Legal advice should be sought in such cases.

Yes, a rent agreement is required for commercial properties, similar to residential ones, for legal clarity and protection.