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Table of Contents
Rent Agreement Format for Himachal Pradesh
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Himachal Pradesh. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Himachal Pradesh cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in TheThe Himachal Pradesh Regulation of Letting of Accommodation Act, 2018
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 Himachal Pradesh Regulation of Letting of Accommodation Act, 2018
The Himachal Pradesh Regulation of Letting of Accommodation Act, 2018 (HPRLAA) is a law that regulates the letting of accommodation in Himachal Pradesh. It was enacted in 2018 to replace the Himachal Pradesh Urban Rent Control Act, 1987.
The HPRLAA applies to all urban areas in Himachal Pradesh, including Shimla, Solan, Mandi, Dharamsala, and Kullu. It covers all types of accommodation, including flats, houses, shops, and commercial premises.
The HPRLAA sets out the rights and responsibilities of landlords and tenants. It also sets out the procedures for increasing rent, evicting tenants, and resolving disputes.
Some of the key provisions of the HPRLAA include:
- Rent increases are capped at 10% per year.
- Tenants have the right to renew their leases on a yearly basis.
- Landlords can only evict tenants for a limited number of reasons, such as non-payment of rent or breach of the lease agreement.
- Disputes between landlords and tenants must be resolved through the Rent Controller’s office.
Stamp Duty and Registration in Himachal Pradesh
As per the indian stamp (himachal pradesh amendment) act, 1952, stamp duty is indeed applicable to rent agreements. Mostly people pay the stamp duty of Rs. 100 for rent agreements lasting up to 11 months.
Regarding registration, it is not mandatory for rent agreements with a duration of less than 11 months in Himachal Pradesh. However, if you plan to create an agreement for more than 11 months, registration becomes mandatory.
Apart from this, the stamp duty for a rent agreement in Himachal Pradesh are as follows:
| Lease Type | Stamp Duty Calculation |
|---|---|
| Lease up to 100 years or exceeding 100 years | 5.00% of Market Value or Minimum of Rs. 100, rounded to nearest Rs. 10 |
| Lease in perpetuity without definite term and time | 5.00% of Market Value or Lease Amount (whichever is higher) or Minimum of Rs. 100, rounded to nearest Rs. 10 |
Let’s take an example, If the monthly rent of a premises is Rs. 15000 and it will increase by 10% every year for a total duration of 5 years of agreement, What will be the stamp duty?
To calculate the stamp duty for the given lease agreement with a monthly rent of 15000 and an annual increase of 10%, with a total duration of 5 years, we need to follow these steps:
- Calculate the total rent for each year based on the monthly rent and annual increase.
- Calculate the total rent over the 5-year duration.
- Calculate the stamp duty using the formula provided earlier.
Let’s break it down:
- Calculate the total rent for each year:
- Year 1: 15000 * 12 months = 180000
- Year 2: 15000 * 12 months * 1.10 = 198000
- Year 3: 15000 * 12 months * (1.10)^2 = 217800
- Year 4: 15000 * 12 months * (1.10)^3 = 239580
- Year 5: 15000 * 12 months * (1.10)^4 = 263538
- Calculate the total rent over 5 years: Total Rent = Year 1 + Year 2 + Year 3 + Year 4 + Year 5 Total Rent = 180000 + 198000 + 217800 + 239580 + 263538 Total Rent = 1094918
- Calculate the stamp duty using the formula for leases up to 100 years: Stamp Duty = 5% × Market Value × (Period of Lease) / 100 In this case, Market Value is the Total Rent over 5 years, and the Period of Lease is 5 years. Stamp Duty = 5% × 1094918 × 5 / 100 Stamp Duty = 27247.95
Rounding the stamp duty to the nearest ten rupees: Stamp Duty = Rs. 27250
Therefore, the stamp duty for the given lease agreement is Rs. 27,250.