Everything You Need To Know About Rent / Lease Agreements

As home ownership may sometimes be unaffordable or inconvenient, a majority of the population in India’s major cities live in rented homes. The follow-up task is to then find a suitable rental property and create and execute a proper rent agreement to make the renting arrangement legal. As the rent agreement remains key to this entire arrangement, the same shall be made with utmost legality and the tenant must know every nitty-gritty about this crucial document.

What is a rent agreement?

A rent agreement is a crucial document that is signed between a landlord and a tenant to initiate and govern a tenancy. This document mentions every detail about tenancy and the terms and conditions of the tenancy. Both parties are governed by such agreement and have to follow the rules mentioned in the rent agreement.

Legal validity of rent agreement

To save costs, tenants and landlords sometimes reach a verbal agreement about the tenancy and avoid executing a rent agreement. Some may also document the arrangement and put terms and conditions with respect to the tenancy but decide not to register the document. This is because both parties tend to avoid to pay the registration charge if a rent agreement is created and registered. Entering into a rental agreement without registration can be said to be illegal and could prove to be a risky arrangement for both parties, especially in case of a future dispute.

It is in the favour of both the parties, to draft an agreement with specific terms and conditions and to get it registered. After drafting the rent agreement, the landlord should print it on stamp paper. Once the tenant and the landlord sign the documents in the presence of two witnesses, they should then get it registered at the sub-registrar’s office, after paying the required fee.

Details to be included in the rent agreement

Key details included in a standard rent agreement are:

  • Names and addresses of the tenant and the landlord.
  • Signatures of the tenant and the landlord.
  • Monthly rental amount and hike.
  • Security deposit.
  • Maintenance charges.
  • Period of tenancy.
  • Responsibilities/rights of the landlord.
  • Responsibilities/rights of the tenant.
  • Penalty for delay in payment.
  • Dispute Resolution.

Stamp duty & E-registration on rent agreement

One has to pay government stamp duty and e-registration fees while getting the rent agreement registered, which will vary, depending on the city where it is registered. The amount of Stamp Duty is paid by way of purchase of the stamp paper of the said value and the amount of e-registration is paid by way of purchase of E-registration fees. In Delhi, the stamp duty is payable at 2% of the average annual rent, in the case of lease / rent agreements for a term of up to five years.

Documents Required

Two passport size photographs of the Landlord and Tenant each; ID proof such as Aadhaar card, Voter’s ID card of all the parties including 2 witnesses; Copy of the computerised House Tax ID; PAN Card of all the parties including 2 witnesses, copy of latest electricity bill; Email ID and Phone Numbers of the parties; Stamp paper and registration fees receipt.

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