Rental Agreement makes a tenancy agreement a document stating and explaining the relationship of a landlord to the tenant. Then, the basis of the renting process would be upon clear rights, responsibilities, and expectations between the parties. Whether you are a landlord or a tenant looking for letting out space, knowing the basics of tenancy agreement will save you stress and nightmares in court. This blog will discuss the along with clauses, which define the main elements of tenancy agreement, including tips for drafting a fair and legally binding document. Rental Agreement agreement cannot be the same for all the tenants, because its terms and conditions changed from tenant to tenant. 

What is a Rent Agreement?

Rent Agreement is somehow a legal agreement between the tenant and the landlord for a particular time. This means a list of conditions and the requirements, which need to be completed by parties in the document. Time term of the rent agreement runs by each and every 11 months or more according to a clause stated in the agreement. This agreement has been signed in order to protect the property from illegal possession. It is the duty of the parties of the agreement to read this agreement properly before signing it, it has been recommended because this agreement is a binding agreement on both the parties. 

Terms & Conditions for Rent Agreement

A rental agreement must comprise all such clauses which has been mentioned below but it does not mean it must be limited to these clauses only. If tenant and landlord mutually wants to add something in this agreement they can do so:

  • Length of the tenancy period
  • Rent to be paid 
  • Advance deposit
  • Delay charges at the time of payment of rent
  • Extra charges relating to maintenance, society water, gas etc. of that premise borne by either tenant or landlord
  • Provisional furnishing, if that way
  • Damages or cost at the time of repair.
  • Privileges of tenant
  • Privileges of landlord
  • Tenancy agreement drafting shall get complete its entire process

Characteristics of Rental Agreement in India 

Following discussed are the characteristics of rental agreement online in India:

  • Lease Deed gets for implementation either by the lessor or at lessee of the property.
  • It is signed by the lessee and the lessor to showcase mutual consent to the terms proposed by the lessor. 
  • Being a legal document, it has the force of law and courts may refer to them. 
  • It should be printed on a Non-Judicial Stamp Paper worth Rs.100/ or more. 
  • Commonly it is done on a deposit with respect to the rental property between the lessor and the lessee. Usually, two originals of the document are issued and each takes a copy. 
  • Make sure our Rental Agreement format is enough to fill your legal document. Terms of Agreement
  • All normal terms while coming into property rentals in India is that there exists a period of 11 months of agreement. 
  • The period of 11 months is opted by most of the landlords at the time of coming into the property rentals because there exist two types of agreements relating to the property rentals in India, that is, lease agreement and leave & license agreement

What is the Leave-and-License Agreement?

Leave and Licence Agreement is the contract wherein the licensor provisionally allows the licensee to use and dwell in the licensor's immovable property, to perform business doings or housing use. For this, the Licensor will pay back by the licensee a fixed amount called a rental fee. Both parties of the agreement need to register the mentioned agreement before the sub-registrar. The registration of the agreement will take place where the property is.

Rental vs. Lease vs. License Agreement

Below is a short explanation of Rent vs lease vs license agreement. There is very much confusion between them because they have very slight differences. Go through the table given below in order to understand their difference properly: 

Type of Agreement 

Definition 

Features 

Rental Agreement 

A rental agreement is a short term agreement, usually automatically renewed unless the parties opt to cancel.

  • It allows the tenants for tenancy. It is suitable for short term adaptations.
  • It can be cancelled on the mutual notice of either in the agreement. Normally 30 days.

Lease Agreement

Lease agreement refers to an all-inclusive paper term, a term relation binding contract that confers security and strength to both parties; it is an agreement for 6-12 months more or so.

  • Will retain static tenancy terms in the agreements that include mutual terms.
  • For this is revoked through mutual decision or due to specific happening which may occur.
  • Shall demand more permanence at the said premises.

License Agreement 

A licence agreement grants the right to occupy properties or premises on a non-assignable, single and non-exclusive basis in not creating tenancy.

  • It is not an assignable right of using property.
  • Likely to the discretion of the licensor.
  • Commercial, shared office or parking.

Rent Agreement Format for Reference Purpose 

A Rental Agreement format outlines conditions between a landlord and tenant for the rental related property. Here’s a summarized rent agreement format based on the provided template:

Parties Involved

  • Landlord: [Full Name, Address]
  • Tenant: [Full Name, Current Address]

Property Description

  • Premises Address: [Property Address]

Tenancy Period

  • Start Date: [Date]
  • End Date: [End date of the agreement]

Rent and Deposit

  • Rent Amount: ₹[Rent]
  • Rent related Due Date: [Date]
  • Payment Method: [Mode, e.g., bank transfer, cheque, etc.]
  • Security Deposit: ₹[Amount] (Refundable)

Maintenance and Utilities

  • It is the duty of tenant to keep the property clean.
  • Utilities like water, and others are to be paid by the tenant.

Termination

  • Either party of the agreement has power to terminate the agreement with a written notice of [Notice Period] days.

Additional Terms

  • Any specific terms mutually agreed upon 

Governing Law

  • The agreement is subject to the laws of [State/Region].

Signatures

  • Landlord's Signature & Date
  • Tenant's Signature & Date

Conclusion

A good rental agreement is not some paperwork; instead, it is more about mutual respect and transparency which pervades between the landlord and tenant. With factors given above in the rent, a security, be done for both's maintenance work, and ending by including termination clause, of course, both parties can make. Whether entering into a short-term lease or long-term tenancy, investing time in understanding and negotiating your rental agreement can prevent misunderstandings and foster a harmonious relationship. Always consult a professional or lawyer to ensure that the agreement is worked out according to your needs and in accordance with local law.

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