Severability although considered as a legal precaution, sometimes, is one of the prime and crucial clauses in a rent agreement. The Severability clause states that if any one aspect of the rent agreement is found to be illegal; the rest of your agreement is still legally protected. Without the Severability clause, a judge can anytime consider the bond to be void if there is even a small clause that is found to be either illegal or might have been accidentally included. With this clause, your rent agreement gets that extra protection from being disqualified in a court of law.
The Overdue fees and allocation clause help you to know the exact date the tenant has to pay the rent and the overhead expenses with the details on late fees levy (the amount), grace days, and levy for non-payment. The clause helps you to remember the details on your expense related to renting; On the Other side you can ask for all the fees to be paid first as from a legal point of view, it’s easier to sue for unpaid rent than to Sue for an un-paid levy.
If you do not set up a subletting provision your tenants going to sublet it whenever you are not present, the subletting clause prevents tenants from rent out their property. Although instead of denying sublease you can charge a one-time fee. For the service. In this way, the tenant can sublet the property when they are going back home or traveling, and you can make an extra buck out of it.
The Joint and severability clause helps you to claim rent and damages from all individual tenants separately. They all are individually liable to all charges. It allows you to consider all tenants as a single entity as well as it further helps for giving notice, serving court documents, collecting rent, or suing for damages.
The defaulter clause includes the charges and terms that would violate the rent agreement if the tenant is unable to pay the rent or they are performing an illegal activity or violate the rent agreement of the writ. The best way to protect yourself from defaulters is to provide terms that could help you to violate the rent agreement as well as earn the rent as mitigation to damages. For example, a tenant found to violate the clause in the third month of a twelve-month agreement; You can charge the tenant for the remaining nine months as mitigation to damages or for the time you find another tenant.
The rent agreement renewal clause helps you to renew automatically rent agreement after it expires. Although some owners do not prefer rent agreement renewal as it binds them to a single tenant and for the same price usually if the price does not go up. The reason for this clause is that it guarantees that the owner has 60 days’ notice to try to find a new tenant. If they fail to provide 60 days’ notice of non-renewal, they are still held responsible for 60 days of rent, unless the owner finds a replacement.
The use of premises clause includes the safety for you to prevent more people from becoming a tenant, by approving the initial number of tenants as the only people to use the property. It is easier for the landlord to legally prevent their tenant from moving in more people in the house and those “unemployed” girlfriends and boyfriends that later turn out to be rogue tenants.
A Rent agreement is a bond between a landlord and tenant whereby a landlord gives a tenant the right to occupy their residential premises with their mutual conditions.
One of the most vital questions, the following are the situations where you must have a rent agreement binding two parties.
- Renting out a house/apartment/villa or any space for rent. - To have a formal agreement between the landlord and the tenant. - To document an agreement with specific parties, enforcing certain clauses. - To register the rent agreement with the local government authorities.
Below are the most vital points that should be covered/mentioned in the rent agreement:
- The Rent and Deposit to be paid by the tenant to the owner - Maintenance, electricity, and water charges (whatever included) - Damages, repairs and any alterations charges or points - Tenant’s and owner’s responsibilities - Lease Termination & Extension of the rent agreement
It is quite a strange fact that we in India have a robust rent agreement phase/culture in many of the cities. But are not aware of the laws associated with it. There are times when the tenant is caught up in issues that they are not aware of and has a legal clause that stands for them. This makes their situation hard, which might lead them to pay extra amounts too. Rent Agreement laws in India are the state laws enact to govern the rent agreements in various aspects. These fall under the ambit of the Rent Control Act. Each state has its own Rent Control Act. For example, let us talk about the Rent Control Act (1999) Maharashtra, Rent Control Act (1958) Delhi, Tamil Nadu Buildings (Lease and Rent Control) Act (1960) Chennai govern the state's rent agreements. Therefore, means there is also indicate to settle disputes between the landlords and the tenants in their related states. Rental laws in India provides tenants with the security and landlords their ability to evict tenants. There are the main features of rental laws existing in India are:
- Various laws are foist while; one is planning to rent out a property for both commercial and residential use. Laws are foisting irrespective of the size of the property rented to help potential tenants identify and secure satisfactory rental accommodation. - These laws govern the rental rates such that fair rents are imposed within the standardized rental ranges that may vary from state to state. A landlord cannot charge its tenants beyond these rates. - Many types of laws are made to protect the tenant thrown out by their property owner due to any kind of unfairness. - Law also defines the landlord’s responsibilities and obligations towards its tenants. Here includes the terms and conditions for the maintenance of the property. - On the other hand, it also defines the rights of the landlords, that he may use in case a tenant does not fulfill their obligations for paying rent on time or misuse of property in any manner. Here also means the landlord can object to the use of his property for reasons not specified in the agreement.
A Rent agreement can use as a temporary residence purpose. Its use anywhere required for proof of temporary residence.
A Rent agreement can be for a fixed time, depends upon mutual concern. If a landlord and tenant sign a written Rent agreement for an assured time, usually for one year, they are bound by the terms and conditions until the end of the fixed term.
A total of 2 witnesses require during the rent agreement process. Witnesses should have a PAN number and Aadhaar card available at the time of execution of the e-registration.
A piece of essential information that you must be aware of is how one can make a valid rent agreement? Remember the following point:
- The rent agreement should print on a stamp paper (the recommended value as per the location) - Signature of both the parties is mandatory - Signature of the witnesses along with name and address.
- Amount of rent, security deposit, other payments
The rent agreement should mention the amount of rent that you must pay each month and the due date by which it must be paid. In most cases, landlords ask for a security deposit Which is usually equal to one- or two months’ rent amount. Mention the security amount in the rent agreement, the exact amount, precisely and when it will get refunded (to be mentioned along with the date) Also, ensure that the rent agreement clearly states what else you will have to pay for like, electricity, water, PNG, maintenance, and so on. Also, it should be mentioned if there is a separate meter for utility connections based on which you must pay bills, or you got to pay a fixed amount every month.
- Duration of agreement and renewal criteria
Typically, rent agreements are executed for a tenure of 11 months. However, you can agree for a longer period as well. Make sure the tenure is mentioned. Also, clarify the lock-in period, during which neither the tenant nor the landlord can terminate the agreement, and ensure it is mentioned in the agreement as well. “The rent agreement should mention the consequences of terminating it by either party before the end of the lock-in period". Typically, when the tenant must vacate the house before the end of the lock-in period, the security deposit gets forfeited by the landlord. Similarly, if the landlord wants the house vacant before the end of the lock-in period, she must compensate the tenant by paying an amount equal to the security deposit, in addition to the actual security deposit refund. Note that the lock-in period is not the same as the notice period, which typically lasts one or two months. If the notice period is two months, you will have to give a two-month notice to your landlord in case you plan to vacate the house. However, the notice period is typically not valid during the lock-in period for either party.
- List of fittings, fixtures
The agreement should also have a clear description of the house that you are taking on rent like the floor or apartment number, area of the house, number of rooms, bathrooms, living area, kitchen, and so on. If it is a furnished house, make sure there is a list of all the fixtures and fittings like beds, sofas, tables, chairs, wardrobes, number of fans, air conditioners, lights, and so on.
- Registration of agreement
To register a rent agreement, you would have to pay charges such as stamp duty and registration fee. The fee shared by the tenants and the landlords but mention that in the rent agreement. Along with it, there should be clarity on who will pay charges like legal fee, if any, or brokerage to agents. Keep everything in writing.
We don't need any physical document but, we need some essential information on landlord, Tenant & Property.
If you are staying for less than 11 then It depends on the Rent agreement you signed with the owner of your rented house. There will be a clause in the rent agreement. Like you must stay for at least 6 months or so, if not, then some amount (generally one/two months’ rent) will be deducted as penalty along with other charges mentioned in your rental agreement. Otherwise, you could always request the landlord to break the lease without extensive loss to both parties.
After submission, it usually takes 3-4 working days for the document to get a registered rent agreement.
All parties should have an Aadhaar card and PAN number.
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