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RESIDENTIAL RENTAL AGREEMENT

A rental agreement, also known as the rental deed or lease deed, is an official contract which is signed between the owner of a property and the tenant. A tenant is a person who wishes to take possession of the property temporarily for a stipulated amount of time. A Residential Rental Agreement is drafted on a stamp paper and has the basic details of the residential property, including the following:

Name of the owner of the property

Name of the tenant or renter

Terms of the rental 

Amount of rent for the mentioned term

 

Rental contracts in India are categorised into two types. These are:

Lease agreement: which lasts for at least 12 months and is governed under the Rent control Laws of the Govt.

Lease and License agreement; which lasts up to a maximum of 11 months and does not fall under the Rent Control Laws.

 

Basic terms in a Rent agreement

The following are the basic terms which are included in a Residential Rent Agreement. These are as follows:

 

Duration of the period for which the rental agreement has been signed.

The rent or the payment which has been made by the tenant to the landlord for staying in the property which has been rented.

There might an amount which might be required to be deposited at the very first time. This deposit is returned back after the rent period expires after making the adjustments (if any).

Terms of Use specify the purpose and the terms and conditions for the usage of the property. 

The Rental agreement specifies which utilities are included in the rent and which are not.

One of the most often used terms in the Rent Agreement is insurance. It mentions if the tenant has to insure the property or not.

The Residential Rental Agreement also specifies the Repairs and Maintenance of the property, and either it is the responsibility of the tenant or the landlord.

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FAQ - Frequently asked questions

Is it mandatory to register a rent agreement? 

If your rental agreement is of more than one year term, it is compulsory to register it with the local authority.


What are the steps to prepare a rental agreement in Delhi? 

First, draft the agreement, then print it on a fixed value stamp paper, and then proceed to a sub-registrar office for registration


Is it legal to live on a rented property without registering a rental agreement? 

Yes. If your rental agreement is made for 11 months or less than a year, registration of a rent agreement is not mandatory. However, there are a few implications of doing so.


How to prepare the right rent agreement for yourself? 

You can always start by incorporating significant clauses that cover the interests of both parties and include basic details like rent amount, duration, purpose, responsibilities, and so on. Discover more here.


What happens if my lease has prohibited provisions?

In some states, when a landlord includes provisions prohibited by law, the lease or rental agreement is invalidated. The tenant may be able to recover damages and attorney fees if the landlord was aware that the provisions violated the law.


Does a rental agreement or a lease have to be in writing?

No. Most states recognize oral leases or rental agreements that are for a year or less. However, oral agreements often lead to ambiguity about the obligations of each party since memories fade over time. Having your lease term in writing is a safer bet.