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Table of Contents
Rent Agreement Format for Odisha
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Odisha. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Odisha cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in TheOdisha Rent Control Act.
With our user-friendly interface, landlords and tenants can easily select and customize the rent agreement to suit their specific needs. You can customise the agreement by filling in the necessary details, including the parties involved, property information, rent amount, and other specific terms and conditions.
Our pre-designed rent agreement format simplifies the process, saving you time and ensuring that your rent agreement accurately reflects the agreement between you and the other party. You can conveniently adapt the format to include additional clauses or provisions based on your unique requirements while adhering to the legal framework provided by the state.
Important clauses which should be covered in a Rent Agreement
When drafting a rental agreement, including the following clauses can help protect both the landlord and tenant and avoid potential disputes:
- Payments: Clearly state the amounts for rent, monthly maintenance, and security deposit to avoid confusion. Specify the due date for rent payment each month.
- Late Payment Penalty: Outline the penalty or additional charges that the tenant may incur for delayed rent payments.
- Lock-in Period: Specify the minimum duration during which neither party can terminate the contract to prevent unexpected early termination.
- Consequences of Overstay: Clearly state the penalties or charges if the tenant continues to occupy the property after the lease term is over without renewing the agreement.
- Food Habits: If the landlord has specific restrictions on food habits within the property (e.g., no consumption of non-vegetarian food, alcohol, or drugs), explicitly mention those restrictions in the agreement.
- Pets: If the landlord does not permit pets on the property, include a clause stating that pets are not allowed.
- Maintenance and Repairs: Define the responsibilities of both parties regarding property maintenance and repairs. Specify who is responsible for certain types of repairs and how they should be reported and addressed.
- Subletting: Clearly state whether subletting the property is allowed or not. If allowed, outline the conditions and requirements for subletting.
- Security Deposit: Clearly mention the amount of the security deposit and the conditions under which it will be refunded to the tenant at the end of the lease term.
- Notice Period: Specify the notice period required by both parties for early termination of the agreement.
- Entry and Inspection: Establish guidelines for how and when the landlord can enter the property for inspection or maintenance purposes.
- Use of Property: Outline the permissible use of the property by the tenant and any restrictions or prohibitions on certain activities.
- Utilities and Bills: Clarify whether utilities like water, electricity, gas, etc., are included in the rent or need to be paid separately by the tenant.
- Dispute Resolution: Include a clause for dispute resolution, such as mediation or arbitration, to settle any disagreements between the parties.
Understanding the Odisha Rent Control Act
The Orissa House Rent Control Act, 1967 is a law that regulates the rent and eviction of tenants in the state of Odisha. The Act was enacted to protect the interests of tenants and to ensure that they are not evicted without sufficient cause.
The Act defines a “house” as any building or part of a building with its appurtenances and outhouses used for human habitation. It also defines a “tenant” as a person who occupies a house under a lease or tenancy agreement.
Here are some of the key provisions of the Orissa House Rent Control Act, 1967:
- Fair rent: The Act establishes a system for determining the fair rent of a house. The fair rent is the rent that a tenant would be expected to pay in the open market for a similar property.
- Eviction: The Act restricts the circumstances in which a landlord can evict a tenant. A landlord can only evict a tenant for a valid reason, such as non-payment of rent or breach of the lease agreement.
- Notice period: The Act requires landlords to give tenants a minimum notice period before evicting them. The notice period is usually 11 months, but it can be shorter in some cases.
- Subletting: The Act allows tenants to sublet their property with the landlord’s permission. However, the landlord cannot unreasonably withhold permission.
- Improvements: The Act allows tenants to make improvements to the property with the landlord’s permission. The landlord is entitled to a share of the cost of the improvements if the tenant leaves the property before the end of the lease.
Stamp Duty and Registration in Odisha
Rent agreement registration is not mandatory for 11 months of agreement in Odisha. The Registration Act, 1908, states that a lease agreement for a term not exceeding one year is not compulsorily registrable. This means that a rent agreement for 11 months or less does not need to be registered with the government.
The stamp and registration charges for rent agreement in Odisha are as follows:
- For rent agreement for less than 11 months tenancy:
- Stamp duty: INR 200
- Registration charges: Nil
- For rent agreement for more than 11 months tenancy:
- Stamp duty: 1% of the rent amount
- Registration charges: 1% of the stamp duty amount
Please note that these are just the basic charges. There may be additional charges depending on the specific circumstances of the lease agreement.
Types of Rental Agreement in Orissa
- Commercial Rental Agreement: Such kinds of rental agreements are signed for business or commercial purposes only and hence they rarely have a standard format as the agreement must adapt to the needs of the particular business being considered for agreement. In this kind of rent agreement, a large amount of money is involved and is signed for a long period. Hence, registration and proper stamp duty are rarely overlooked.
- Long-term Rental Agreement: This type of rental agreement is typically used for residential purposes where a huge lump sum is paid in advance and the agreement is for the long-term. Hence, Registration and proper Stamp Duty are important aspects of this kind of agreement.
- 11- Month Rental Agreement: This is the most commonly used agreement format in the state of Orissa. The term of this agreement is 11 months at the end of which both parties have the liberty to renew/ terminate the contract. A few months’ worth of rent is collected as a Security deposit. Registration is not compulsory as the term is less than a year and such leases will require the tenant to pay a fixed monthly rent to the landlord. Hence, it is advantageous to go for this arrangement and opt for an 11-month contract. Thus, this arrangement saves money payable towards stamp duty and registration fees.
Important points to keep in mind while making a rental agreement in Orissa
Governed by the Orissa House Rent Control Act 1967, the following points must be obliged while making a rental agreement in West Bengal and Kolkata:
- The rent agreement should not contain any mistakes and ambiguity.
- If you want to increase the rent after the end of every year or the end of every term, then such an increment clause must be mentioned explicitly.
- The agreement should contain a notice period that must be complied with by both landlord and tenant.
- Information regarding fittings and fixtures in the flat should be mentioned in the rent agreement.
- Details of the advance/security deposit should be written in the agreement.