Lease/Rent Agreement


Overview

A rental or lease agreement is a document that outlines the arrangement between an owner of the property, known as the "landlord" or "lessor," and someone else who 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 occupying space (either commercial or residential) for some 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 spells out the specific promises between the Landlord and Tenant. It lists out the obligations and the consequences if either party breaks the promises made under the agreement. One should find the best Property  lawyer for this purpose

A rent agreement must mention the following clauses clearly:

  • Duration of the tenancy
  • Security deposit and monthly rental to be paid
  • Penalty for late payment
  • Usage charges like electricity, water, cooking gas, telephone, internet and cleaning charges to be borne by the tenant as usual
  • Any additional charges like maintenance charges, clubhouse fee, power back-up charges, etc. to be borne by landlord or tenant as applicable
  • Provision of parking at a designated space
  • Inventory of materials provided on the premises. This includes all electrical fittings, fans, geysers, furniture and fixtures
  • Rules on the whitewash, maintenance, and repairs
  • Prohibition on making any structural changes in the premises and undertaking any construction resulting in permanent structures
  • Safety and security norms
  • General up-keeping and peaceful possession of the premises without causing any disturbances or nuisances
  • Lock-in period, if any
  • Provisions regarding keeping pets, especially dogs and cats
  • Sub-letting, which is generally prohibited by the landlord
  • The notice period for vacating the premises
  • Conditions for renewal of the Agreement.

Documents required for Registering the Rent Agreement

To register a rent agreement, the landlord is required to present the following documents:

  • Aadhar card
  • Proof of ownership of property, in original
  • Two passport size photos
  • Another government ID proof: driving license, voter ID card or passport

The tenant, on the other hand, is required to present the following documents:

  • Government ID proof 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 the address, a tenant must submit a copy of the documents mentioned above
  • Aadhar Card
  • Two 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. Thus, no arguments and judgment can be made based on an un-registered rent agreement. Therefore to safeguard and enforce your rights in the court as a tenant or the Landlord, the agreement should be registered.

Procedure to make a Rental Agreement in Delhi

  • Draft the Agreement,
  • Print the Agreement on Stamp paper (value of stamp paper may vary from time to time)
  • The owner and the tenant should sign the Agreement in the presence of two witnesses,
  • Register the Agreement at the sub-Registrar office, paying the appropriate registration fees.

Procedure

procedure for rent lease agreement

Frequently Asked Questions

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 parties will lead to legal inefficiencies in the case of a dispute between the landlord and the tenant.

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 Property lawyer can be of great assistance and can help you to draft and review a rental agreement that suits your business/personal needs. If any dispute arises over a rental agreement, your lawyer  can help you recover damages in a court of law

How much time the registration process take? 

It depends upon the Appointment as well as on the Status of Application. Usually, the registration takes 2-4 working days.

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