A rental and lease agreement is a document that outlines the arrangement between an owner of a real estate, known as the “landlord” or “lessor”, and someone else that is willing to pay rent while occupying the property, known as the “tenant” or “lessee”. In layman’s term, it’s a document used for the occupying of space (either commercial or residential) for a period of time in exchange for monthly rent.
The terms of the contract are negotiable between the tenant and landlord and once signed, the form is considered legally and mutually binding. A written agreement clearly spells out the detailed promises between the Landlord and Tenant. It also explains what should happen if they break their promises to each other. One should find the best rent lease lawyer for this purpose
A rent agreement must mention the following clauses clearly:
(i) Duration of the tenancy
(ii) Security deposit and monthly rental to be paid
(iii) Penalty for late payment
(iv)Usage charges like electricity, water, cooking gas, telephone, internet and cleaning charges to be borne by tenant as usual
(v) Any additional charges like maintenance charges, club house fee, power back-up charges, etc. to be borne by landlord or tenant as applicable
(vi) Provision of parking at a designated space
(vii) Inventory of materials being provided in the premises. This includes all electrical fittings, fans, geysers, furniture and fixtures
(viii) Provisions on whitewash, maintenance and repairs
(ix) Prohibition on making any structural changes in the premises and undertaking any construction resulting in permanent structures
(x) Safety and security norms
(xi) General up-keeping and peaceful possession of the premises without causing any disturbances or nuisances
(xii) Lock-in period, if any
(xiii) Provisions regarding keeping pets, especially dogs and cats
(xiv) Sub-letting, which is generally prohibited by the landlord
(xv) Notice period for vacating the premises
(xvi) Conditions for renewal of the agreement.
Documents Required For Registering The Rent Agreement
In order to register a rent agreement, the landlord is required to present the following documents:
(i) Proof of ownership of property, in original
(ii) Aadhar card
(iii) Another government ID proof: driving license, voter ID card or passport
(iv) 2 passport size photos
The tenant, on the other hand, is needed to present the following documents:
(i) Government ID proofs mentioning the permanent address. For example, driving license and voter ID card. The PAN card can be used as photo ID proof, but as it does not mention address, a tenant still requires to submit a copy of the aforementioned documents
(ii) Aadhar Card
(iii) 2 passport size photographs
Why Registration of Rent Agreement Is Important
As per the Registration Act, if a rent agreement is not registered, it cannot be admissible as evidence. That means, in case of a dispute between the landlord and the tenant, the un-registered rent agreement does not hold any recognition and thus no arguments and judgement can be made on the basis of an un-registered rent agreement.
Procedure to Make a Rental Agreement In Delhi
(i) Draft the agreement
(ii) Print the agreement on Stamp paper of due value.
(iii) The owner and the tenant should sign the agreement in the presence of two witnesses.
(iv) Register the agreement at the sub-Registrar office paying the appropriate registration fees.
1. What happens if I rent without an agreement in Delhi?
It is highly recommended to draft a rent agreement before renting out. Failure to have a rent agreement signed by both the parties will lead to legal inefficiencies in the case of a dispute between the landlord and the tenant.
2. How Can a Lawyer Help with a Rental Agreement?
Rental agreements are vital to any property owner who seeks to lease or rent their property. The best estate lawyer can be of great assistance and can help you to draft and review a rental agreement that suits your business needs. Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law
3. Is it mandatory to include the details of all the tenants while drafting the rent lease agreement?
Yes, its highly recommendable to include the Details of all the Mature Tenants. If you will not include the details of all the Tenants then the terms and conditions mentioned in Agreement will not be applicable to all the Tenants which can cause problem in future.
4. How much time registration process take?
It depends upon the Appointment as well as on the Status of Application. Usually the registration takes 2-4 working days.