Who Should Keep the Original Rental Agreement in India

In today`s world, whether it`s buying products or choosing services, most people look nowhere but on the internet. The same situation can also be observed when concluding a rental agreement. However, there are few states in India that allow online leases. Let`s find out how online rental agreement registration works. Now that we have understood the basics of lease registration, let`s understand the procedure for registering a lease: if there is disagreement about it, make two copies in the original so that each of you can keep one. The registration fee for a rental agreement is usually INR 1100. The registration fee for the rental agreement is payable regardless of the amount of the rental or the value of the property. The stamp duty fee also applies to the rental registration fee. When and how the agreement can be renewed, how much will the rent increase at the time of renewal, whether or not there are provisions to renegotiate the rent and so on. Also in cities like Mumbai, real estate agents included clauses in the original agreement regarding the payment of brokerage services at the time of renewal. Discuss this clause and learn in advance how much the brokerage fee will be for renewal and who will pay it. A registered lease sample is usually available online on many websites.

A lease must include the following: the agreement must clearly state the amount of rent you will have to pay each month and the due date on which it must be paid. The tenant may also have the original if two original agreements have been entered into with the consent of the parties and the Deputy Registrar. It is recommended that the original rental deed is usually held by the owner. Let`s look at it that way. If you`re a tenant, your landlord wouldn`t be able to evict you until the end of the rental period just because you both argued. Similarly, the landlord would have the legal right to evict a tenant if they determine that they are involved in misconduct. A tenant could not escape after neglecting his responsibilities if there is a binding agreement. Landlords usually keep the original copy of the lease, but you should always keep a copy.

Only leases longer than one year must be registered. For other leases with a duration of less than one year (e.B. 11 months), notarial certification at the notary and payment of stamp duty are sufficient and credible. The landlord usually keeps the original and gives a copy to the tenant. The tenant or tenant holds the original lease. Both the landlord and the tenant are responsible for entering into the lease. If the lease has not been renewed, the landlord cannot deduct from the bond. You can send a legal notice to your landlord to request your deposit. If it is a recommended document, the person bearing the costs will keep if the recording keeps the original.

Execute the rental agreement in consideration. Both are original and are preserved by both parties. Registration of the contract becomes mandatory if the said rental period is 12 months or more. Unlike an 11-month contract, which remains legally valid despite the lack of registration, a lease would be null and void for a period of 12 months or more if it is not registered. A lease ensures that you have recourse later in the event of a problem between you and your landlord, which is why it is important to pay attention to the clauses contained in the agreement. Here are some essential clauses for the lease. In general practice, the landlord can keep the original agreement and the tenant receives a copy of the agreement, but there is no fixed rule for possession of the documents. The majority of leases in India are established for a period of 11 months in order to avoid the hassle of registration by both parties. “Despite the lack of registration, an 11-month lease is legally valid and legally allowed in the event of a dispute between the tenant and the landlord. This is exactly why most leases are concluded in this way and are regularly reviewed or not as both parties deem appropriate,” says Brajesh Mishra, a Gurugram-based lawyer who specializes in real estate law. As a rule, leases are executed for a period of 11 months.

However, you can also make a deal for a longer period of time. Make sure that the term of office is clearly stated. Currently, archaic laws prevail in the Indian rental property market, which came into force after World War I in 1908. While the government has tried to change the situation on several occasions, the Model Tenancy Act 2019, which is still in preparation, aims to better regulate the rental market in India. Although the Model Law awaits Cabinet approval, leases continue to be governed by the Rent Control Act of 1948 and the Registration Act of 1908. Since the Model Rental Act 2019 has not yet become law, we will examine the legal validity of a lease in relation to the provisions of existing legislation. The agreement is concluded between two parties. Either party may retain the original. In practice, however, the landlord keeps the original and the copy is kept by the tenant. It doesn`t matter who holds the original lease. In the event of a dispute, unregistered leases are not considered by the court as the main evidence – the landlord and tenant keep a copy of these Many landlords do not allow tenants to keep pets. If you have a pet, discuss the matter before closing a house for rent.

Some also have problems with non-vegetarian tenants. Other questions that need to be clarified are whether you can use the terrace, parking, garden or other amenities in society. Before proceeding, it is important to note that each state has its own lease law, while some provisions of the central laws also apply. Also make sure that the agreement clearly states what else you need to pay, such as electricity, water, PNG, maintenance, etc. It is also worth clearly mentioning whether there is a separate meter for utility connections, on the basis of which you have to pay bills or whether you have to pay a fixed amount each month. The rental agreement must be concluded and the original must be kept at the owner`s premises. Leases for a period of less than 12 months. The tenant must pay a stamp duty that varies from state to state, as well as the registration fee (varies between Rs 500-1,000) when registering leases.

In Uttar Pradesh, the stamp duty on leases is four per cent, while in Maharashtra it is 0.25 per cent. To register a rental agreement, you will have to pay fees such as stamp duty and filing fees. The costs are usually shared between tenants and landlords, but mention this in the agreement. There should also be clarity on who pays the fees such as legal fees, if any, or brokering to agents. Therefore, registration is not mandatory in an 11-month lease agreement. You would have noticed that leases are usually valid for 11 months. You can subscribe to an 11-month lease to avoid the registration requirement. Why create a lease when your landlord is ready to sign a verbal contract? Well, oral contracts have no legal validity and any party can violate the pre-established conditions without having to take steps for it. A rental deed means a contract between the landlord and the tenant and should therefore serve not only as proof of the lease, but also as an instrument to protect the rights of the parties.

Therefore, it is preferable that before preparing a rental deed, you consult a local lawyer and get clarification regarding registration, stamp duty, etc. – Legally, however, it is not specified who will keep the original and can be produced on request by one of the parties. A lease provides for a tenancy for a short period of time, which is then extended after the end of the period. Typically, a landlord and tenant enter into a lease for a period of 11 months, with an option to renew regularly. Since the current rent brake law is largely in favor of tenants, but only applies to leases of at least 12 months, the establishment of an 11-month pact helps landlords to take preventive eviction measures. .