Residential Rental Agreement

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INTRODUCTION

A residential rent agreement is an agreement that governs tenancy and the annexed terms and conditions. As per the provisions of the Tenancy Model Act, 2020, it is mandatory for the landlord and the tenant to enter into a rent agreement.

As per the Registration Act, 1908 it is mandatory to register a rent agreement which is for a duration more than eleven months.

PROCESS

  1. Stamp Duty and Registration Fee: In order to register the rent agreement, the calculation and payment of stamp duty is necessary. Such duty is calculated on the basis of the annual average rent and the tenure of the agreement. The rate varies from state to state. Registration Charges also need to be paid. They also depend upon the average annual rent and the duration of the agreement and vary from state to state
  1. Sub-registrar’s office: After paying the stamp duty and the registration charges, both the landlord and the tenant, along with two witnesses have to visit the sub-registrar’s office, to get the agreement registered.
Rental agreement

process of registration of residential rental agreement

ADVANTAGES / FEATURES

Important Clauses and Information

  1. Identification of Parties: A rent agreement should clearly specify who is the owner or landlord and the tenant.
  2. Duration: Another very important aspect of the rent agreement is to clearly specify the duration of such arrangement, subsequent to which, the right of enjoyment of the property in question would flow back to the owner.
  3. Property or part of property being rented: The agreement must specify the property being rented out. In many instances, people only rent out a part of the property, such as a room, and not the entire premises. In such cases, it is must that the limits of enjoyment be defined.
  4. Rent and consideration: the agreement should clearly specify the amount, method and intervals in which the rent of the property must be paid. It is essential to consult the state’s rent control laws as they determine and cap the amount of rent that can be charged.

Renewal and termination: the rent agreement must specify whether there is an option with the parties to renew the agreement and extend it beyond the initial duration. It should also specify the mode, acceptance, and application etc. for such renewal. Apart from that, it should also specify the circumstances which would cause the termination of the agreement. Such breach would cause the rights of enjoyment with the tenant to cease.

DOCUMENTS REQUIRED

Duplicate copies of the unregistered Rent Agreement

    1. Two passport size photographs of the landlord and tenent
    2. ID proof
    3. Copy of Municipal Tax Bill
    4. PAN Card
    5. Stamp Paper or e-stamp paper and registration fee receipt
Documents required during rental agreement

Documents required

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