Rental Agreement

Overview

A ‘Rental agreement’ is an essential legal document for both the landlord and tenant to protect their interest legally binding each other in case of a legal dispute. The rent agreement must include the cost of the rent, amount of security deposit, date of depositing the rent, and other conditions of using the premises. In case of violation of the agreement, the aggrieved party shall apply for relief in civil court. Hence the rental agreement templates should be error-free, contain important clauses, and essential specifics on property and content details. Rent Agreement laws in India are the state laws enact to govern the rental agreements in various aspects. These fall under the ambit of Rent Control Act. Each state has its own Rent Control Act.

Major Components of Rental Agreement

  • Name of the owner
  • Name of the tenant
  • The details of the property
  • The amount of rent including grace period and due date of payment
  • The term of the agreement
  • Mode of paying the rent
  • Charges of electricity, water, and maintenance
  • Scenarios of contract termination before the expiration period
  • The sum of security deposit and related terms and conditions
  • Procedure for handling emergency requests
  • Related rules and regulations

Important Clasues to be included in Rental Agreement

Rent and Maintenance charges

The values of rent and maintenance charges must be clearly spelled out in the rental agreement to prevent both parties from backing out on their word.

Cleaning and painting

If Landlord cleans and paints the home freshly before the Tenant moves in, the charges will be deducted from the Tenant. So the deed must clearly state that charges cut from the security deposit.

Lock in period

This refers to the minimum duration for which the deed cannot be terminated by both parties. Without any notice between parties nothing should be done by both parties.

Consequences of overstay

If the Tenant continues to occupy the property even after the contract ends, Landlord can decide the penalty for it. Such a penalty should be detailed in the deed.

Pets

Whether or not animals are allowed in the premises must be discussed and agreed upon in advance between the parties.

Food habits

Landlord must mention his rules on food habits that can be practiced within his property.

Penalty for late payments

Landlords are free to place a penalty on delayed rent payments. Details about the consequences of late payments must be clearly stated in the deed.

Security Deposit

Security deposit is a certain amount of money collected in advance from the Tenant to avoid losses to the Landlord due to non-payment of rent or damages to the property.

Documents Required

  • Original copy of proof of ownership or title to property
  • Two (2) recently taken passport size photos of Landlord and Tenant
  • Any Govt issued ID proof – driving licence, voter’s ID, passport etc
  • The rental agreement printed on the Stamp paper of recommended value
  • If one person is representing another person for the registration, then a Power of Attorney should be presented.
  • Aadhaar card or the receipt received while applying for it, if the person is Indian. If the person is not an Indian national, then his/her original passport is required.
  • A board resolution/ authorisation letter from the company mentioning the person’s right to register the lease, along with the company seal, if the tenant is a registered Company.