What is a rent or lease agreement? What are some important things which should be there in a rent agreement.

Dated: 2024-03-27 11:37:27

I want to rent my house, and so I need to know what should the rent agreement contain. How important is the registration of a agreement. If possible provide a link to some sample agreements.

Answers by Lawyers

Whenever we want to rent or lease a property, the agreement related to it is very important. now,  It is now compulsory to have an agreement of rent so as to rent the property. People in the rush and need of the hour do not pay attention to the agreement and the clauses inside it. Therefore one must be aware of the legal terms in the agreement and also pay attention to the much needed some important clauses in the agreement. This helps in protecting the interest of the landlord and tenant as well as prevents future misunderstandings that could potentially lead to trouble, disputes, financial losses or litigation.

What is a lease? A lease is an contractual agreement between two people, Lessee ( user) and lessor (owner). The lessee agree to pay to the lessor some specified amount of money for use the assets provided by lessor. In the present case, we talk about a house rent/lease agreement .

While drafting a legal agreement of rent or lease various factors mentioned below should be kept in mind.

  1. Who is the actual owner of the property
  2. Term of the agreement
  3. Termination clause and notice period
  4. Responsibilities of the owner
  5. Lock in clause
  6. Payment clause
  7. Increase in rent clause
  8. Maintenance clause
  9. Wear and tear clause
  10. Security deposit clause
  11. Clause on furniture and fixture
  12. Repair works during occupancy clause
  13. Clause for tax liability
  14. General nuisance clause
  15. Food habits in property premises
  16. Pets
  17. Consequence of overstay

 

 

Procedure : -

  1. The clauses should be discussed in detail with the landlord/tenant. A rough draft should then be prepared accordingly.
  2. Print the draft on the stamp paper and carefully check/review it. 
  3. The landlord and the tenant should sign the agreement in presence of two witnesses. The signature of the two present witnesses is also required in the agreement.
  4. The deed should then be registered at the local Sub-Registrar office.

Importance of Registration

Registration is very important and is a legal mandate. Drafting and registering a agreement prevents forgery and fraud. It is a proof that there is a contract between the landlord and tenant and hence it acts as in enforceable in courts.

 

Sample Rent/lease Agreement

Before drafting a rental agreement it is always better to have an idea and understand what a rental agreement is and what its contents are. So as to understand the same, the best way is to take a look at the rental agreement. It is also to be noted that, the agreements or the links to agreements mentioned below should be used for the purpose of reference only as the agreement may change from person to person depending on the terms and conditions imposed by the landlord and the requirement of the tenant. It is to be noted that, every state has different laws and hence some minor changes will be there in the agreement.

The links to the sample agreements are,

https://www.indiafilings.com/sample-format/residential-rental-agreement-format.pdf

http://www.realtyguru.co.in/pdf/SampleIndividualRentAgreement.pdf

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