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No more dealing with the hassles and long waits of the old way. With us, you can easily make a legal rent agreement.
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Rent Agreement Format for Kerala
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Kerala. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Kerala cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in The Kerala Buildings (Lease and Rent Control) Act, 1965 (the “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.
The Kerala Buildings (Lease and Rent Control) Act, 1965 (the “Act”)
The Kerala Buildings (Lease and Rent Control) Act, 1965 (the “Act”) has several provisions relating to rent agreements. These provisions include:
- Section 5: This section deals with the determination of fair rent for a building leased to a tenant either for residential or non-residential purpose. The fair rent is fixed by the Rent Control Court after such enquiry as it thinks fit.
- Section 6: This section deals with the increase in fair rent in certain cases. The landlord can increase the fair rent by a maximum of 5% in certain cases, such as when there have been significant improvements to the building.
- Section 8: This section prohibits the landlord from claiming or receiving anything in excess of the fair rent or agreed rent. This means that the landlord cannot charge the tenant any additional fees or charges, such as a security deposit or a maintenance fee.
- Section 9: This section gives the tenant the right to a receipt when they pay rent or an advance to the landlord. The receipt must be in writing and must state the amount of rent or advance paid, the date of payment, and the purpose of the payment.
- Section 10: This section gives the tenant the right to deposit rent with the Rent Control Court in certain cases, such as when the landlord is refusing to accept rent or when the tenant is disputing the amount of rent payable.
- Section 11: This section deals with the eviction of tenants. The landlord can only evict a tenant in certain cases, such as when the tenant has not paid rent or when the landlord requires the building for his or her own use.
In addition to these provisions, the Act also contains provisions relating to the form and content of rent agreements, the rights and obligations of landlords and tenants, and the procedures for resolving disputes.
Stamp Duty and Registration in Kerala
Rent agreement registration is not mandatory for agreements for a period of 11 months or less but if you still want to register it, you can and here are the details:
- For agreements for a period of less than 11 months: 7.5% of the annual rent.
- For agreements for a period of 11 months or more: 1% of the annual rent.
Registration Charges for Rent Agreement in Kerala
The registration charges for rent agreements in Kerala are as follows:
- For agreements for a period of less than 11 months: Rs. 100.
- For agreements for a period of 11 months or more: Rs. 200.
Here is a table summarizing the stamp duty and registration charges for rent agreements in Kerala:
| Period of Agreement | Stamp Duty | Registration Charges |
|---|---|---|
| Less than 11 months | 7.5% of annual rent | Rs. 100 |
| 11 months or more | 1% of annual rent | Rs. 200 |