Rent Agreement

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

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  • Multiple Owners or Disputed Ownership
  • Renting of commercial properties
  • Tenancy with Special Conditions like subletting, or sharing with third parties
  • Variable rent clausesbased on specific
  • Property Under Litigation
  • Corporate or Institutional Tenants
1

Drafting

Rent Agreement must align 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.

Schedule a paid call of 30 mins with our consultant
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2

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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  • Draft Power of Attorney (POA)
  • The POA is then apostilled in your country
  • Send the POA by post to India
  • The POA is registered with the SDM office
  • Once this entire process is complete, register your Rent agreement with the Sub-Registrar
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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

Drafting
$30
Review
$50
Registration
$250

Total Value

Base Price :$0

Total Amount :$0

Power of Attorney

Price

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

Total Value

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, Aadhaar eSign based digital signatures are a legally accepted and secure manner of electronically signing documents, under effect of Gazette Notification No. 2015 Jan -GSR 61(E) Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2015.

In general, it can be anywhere from 1 month to 3 months for either the landlord or the tenant to vacate the property. However, whatever may be the standard notice period, it should be clearly mentioned in the rental contract with a mutual agreement between both the parties.

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.

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 typically specify the maximum percentage by which rent can be increased annually. It's essential to check local regulations to ensure compliance.

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

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

Subletting is generally not allowed unless the Rent Agreement permits it. However, the tenant is usually responsible for the actions and payments of the subtenant. It is advisable to have written consent from the landlord and create a separate sublease agreement.

Disputes can be resolved through negotiation and discussion between the landlord and tenant. If no resolution is reached, 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 in a Rent Agreement is not mandatory but can be beneficial for both parties. An exit clause outlines the terms and conditions under which either the landlord or tenant can terminate the agreement before its expiration date. It can provide clarity on notice periods, penalties, and procedures for early termination, reducing potential disputes.

A 'Force Majeure' clause in a Rent Agreement is a provision that addresses unforeseeable events or circumstances beyond the control of the parties that may disrupt the rental arrangement. It typically specifies how such events will be handled, such as temporary suspension of obligations. It is applicable during events like natural disasters, pandemics, or government actions that make the property inaccessible.

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 property maintenance and repairs is typically defined in the Rent Agreement. In general, landlords are responsible for structural and major repairs, while tenants are responsible for day-to-day maintenance and minor repairs. However, this can vary based on the terms of the agreement and local laws.

The notice period for vacating a rented property is usually specified in the Rent Agreement. It is commonly one month but can vary. Both parties should follow the notice period requirements mentioned in the agreement. Failure to do so may result in legal consequences.

A landlord cannot evict a tenant without a valid reason as specified in the Rent Agreement or under local rent control laws. Common valid reasons for eviction include non-payment of rent, breach of terms, and the need for the property for personal use. The eviction process must follow legal procedures and obtain a court order.

A Rent Agreement should include clauses specifying the landlord's right to access the property for inspections, repairs, or emergencies. However, these clauses should respect the tenant's right to privacy and usually require prior notice to the tenant. Tenants have the right to enjoy peaceful possession and privacy within the rented property, subject to the terms of the agreement.

The process for recovering the security deposit typically involves the landlord inspecting the property for damages, unpaid rent, or other deductions. Once deductions are made, the remaining deposit amount should be returned to the tenant within the stipulated timeline mentioned in the agreement, usually after the property is vacated.

A tenant may have the right to break a Rent Agreement without penalty in certain situations, such as when the property becomes uninhabitable due to the landlord's negligence, or if there are serious breaches of the agreement by the landlord. Legal advice should be sought in such cases to ensure compliance with local laws.

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.