Rent Agreement with Stamp Paper: West Bengal

✅ Draft rent agreement with stamp paper
✅ Legally valid in a court of law
✅ Digitally sign the agreement online

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Are you tired of the old, slow way of making rental agreements? Wish there was a quicker, easier way? eSahayak is your answer. We offer a quick, easy way to create rent agreements online, based on your state’s rent laws, right from your home. Plus, we deliver 100% legally compliant rent agreements straight to your doorstep.

No more dealing with the hassles and long waits of the old way. With us, you can easily make a legal rent agreement.

We strongly support India’s goal for digital transformation, as set by our Prime Minister. We aim to change how Indian citizens everywhere access legal, admin, and citizen services. Our easy-to-use digital service lets you manage important documents from anywhere, helping build a more digital India. Together, we can make a stronger, better-connected nation for the future.

Our goal at eSahayak is to offer a one stop online platform for all kinds of legal documentation services at your doorstep.

Say goodbye to the old ways and welcome the ease of eSahayak. We focus on teamwork and making our customers happy. Let us help you make legal rent agreements from your home.

Rent Agreement Format for West Bengal

At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of West Bengal. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.

Our rent agreement format for West Bengal cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined inThe West Bengal Premises Tenancy. Act, 1997.

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:

  1. Payments: Clearly state the amounts for rent, monthly maintenance, and security deposit to avoid confusion. Specify the due date for rent payment each month.
  2. Late Payment Penalty: Outline the penalty or additional charges that the tenant may incur for delayed rent payments.
  3. Lock-in Period: Specify the minimum duration during which neither party can terminate the contract to prevent unexpected early termination.
  4. 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.
  5. 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.
  6. Pets: If the landlord does not permit pets on the property, include a clause stating that pets are not allowed.
  7. 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.
  8. Subletting: Clearly state whether subletting the property is allowed or not. If allowed, outline the conditions and requirements for subletting.
  9. 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.
  10. Notice Period: Specify the notice period required by both parties for early termination of the agreement.
  11. Entry and Inspection: Establish guidelines for how and when the landlord can enter the property for inspection or maintenance purposes.
  12. Use of Property: Outline the permissible use of the property by the tenant and any restrictions or prohibitions on certain activities.
  13. 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.
  14. Dispute Resolution: Include a clause for dispute resolution, such as mediation or arbitration, to settle any disagreements between the parties.

The West Bengal Premises Tenancy. Act, 1997

The West Bengal Premises Tenancy Act, 1997 is a law that regulates the relationship between landlords and tenants in the state of West Bengal. The Act provides for the regulation of certain incidents of tenancy of premises in Calcutta, Howrah and some other areas in West Bengal.

Some of the key provisions of the Act include:

  • The Act applies to all premises that are let out for residential or non-residential purposes, except for premises that are used for agricultural purposes.
  • The Act gives tenants the right to continue in possession of the premises even after the expiry of the tenancy period, as long as they continue to pay the rent and fulfill their other obligations as tenants.
  • The Act prohibits landlords from evicting tenants without a valid reason. The only grounds on which a landlord can evict a tenant are:
    • If the landlord needs the premises for his own use or for the use of his immediate family members.
    • If the tenant has committed a breach of the tenancy agreement.
    • If the tenant has sublet the premises without the landlord’s consent.
    • If the premises are required for public purposes.
  • The Act sets out the procedure for landlords to evict tenants. The landlord must first serve a notice on the tenant, stating the reason for the eviction. If the tenant does not vacate the premises within a reasonable period of time, the landlord can file a petition with the Controller of Premises. The Controller will then hold a hearing and decide whether or not the landlord is entitled to evict the tenant.
  • The Act also sets out the rent that tenants are required to pay. The rent is to be determined by the Controller of Premises, taking into account the factors such as the size of the premises, its location, and the prevailing market rent.
  • The Act also provides for the rights and obligations of sub-tenants. A sub-tenant is a person who rents the premises from a tenant. The Act requires sub-tenants to pay rent to the tenant and to comply with the terms of the tenancy agreement.

Stamp duty for rent agreement in West Bengal

Generally the people in West Bengal Pay Rs. 100 as stamp duty for rent agreement. and the duration of rent agreement upto 11 months, there is no registration required.

This is how the exact stamp value should be calculated:

Lease typeTerm of leaseStamp duty
Lease with fixed rent and no premiumUp to 1 year4% of the annual rent amount
Lease with fixed rent and no premium1 year to 10 years5% of the annual average rent
Lease with fixed rent and no premium10 years to 30 years5% of the annual average rent
Lease with fixed rent and no premiumOver 30 years5% of the market value of property
Lease with premium onlyUp to 30 years5% of the annual average rent or equal to the premium
Lease with premium onlyOver 30 years5% of the market value of property
Lease with premium and rentUp to 30 years5% of the annual average rent or equal to the premium
Lease with premium and rentOver 30 years3 X 5% of the annual average rent and premium paid

What does “Premium” mean here?

In the context of leases, a premium is a lump sum payment that is made by the lessee (tenant) to the lessor (landlord) in exchange for the right to lease the property. The premium is typically paid in addition to the rent that is payable on a monthly or annual basis.

In the table I provided, the term “premium” refers to the amount of money that is paid by the lessee to the lessor in exchange for the right to lease the property. The premium is typically paid upfront, at the time the lease is signed.

The amount of the premium will vary depending on the property, the term of the lease, and the market conditions. However, in general, the premium will be higher for leases that are for longer terms and for properties that are in high demand.

What exactly is market value?

In the context of rent agreements, the market value is the price that a property would be sold for on the open market. It is determined by a variety of factors, including the location of the property, the size of the property, the condition of the property, and the demand for properties in that area.

The market value is important in rent agreements because it is used to calculate the stamp duty that is payable on the lease. The amount of stamp duty payable will depend on the value of the property and the term of the lease.

How it works?

rent agreement West Bengal

eSahayak Promise

Why Choose eSahayak for Your Rent Agreement Needs?

  1. Convenience: Get your digitally signed and stamped rent agreement delivered instantly on WhatsApp, with the option for doorstep delivery with live tracking.
  2. User-Friendly Interface: Our platform is designed to be easy to navigate, making it simple for anyone to create a legally valid rent agreement from any device.
  3. 100% Legally Valid: Our rent agreement formats are carefully crafted to adhere to the local laws and regulations of your state, ensuring legality and peace of mind.
  4. Dedicated Support: Our dedicated customer support team is always available to assist you with any questions on WhatsApp for any questions you may have.

Frequently Asked Questions

Is the digitally signed agreement legally valid in West Bengal?

Yes, a digitally signed agreement is legally valid. In India, digital signatures hold the same legal weight as physical signatures, as per the Information Technology Act, 2000. Rest assured, with eSahayak’s secure and authenticated digital signatures, your rent agreement is legally binding and recognised in the eyes of the law.

Is Notary necessary for rent agreement in West Bengal?

The purpose of notary is to authenticate the signatures of landlord(s) and tenant(s) on your agreement. When you sign the agreement digitally using eSahayak then this authentication is done using your Aadhaar Number, so there is no need of Notarisation when you make your rent agreement on eSahayak.
If you are interested in learning more about e-signatures and their legal aspects, you can refer to section 3(1)(a) of the IT Act 2000.

Do I need to visit any government office?

No you don’t need to. We will conduct the whole process for you online.

Is this online rent agreement valid?

Yes, Online rent agreements that are executed on e-stamp paper and signed by both the parties, are legally valid documents.

Will I get the hard copy of this online rent agreement?

As the entire process is completely online, you will not require a hard copy. You can get a copy of this agreement on your email ID, or you can download it in the PDF format.

How do I sign the online rent agreement?

Both the parties, the landlord and the tenant can sign the rent agreement digitally. You can either choose the ‘Text’ format, or draw your signatures in the online rent agreement. Note here that digital signatures are have legal validity and act as a secure manner of signing various documents, including online rent agreement, electronically.

How much stamp duty is payable on online rent agreements?

The online rent agreement is drafted on e-stamp paper having denomination value of Rs 100.

Why is the online rent agreement only for 11 months’ tenure?

If a rent period is created for 12 months, it falls under the category of a lease agreement, and several laws will come into effect, complicating the process for both, the tenant and the landlord.

Rent agreements drafted for a period of up to 11 months fall under the category of a leave and license agreement, and the applicability of the lease-related laws does not occur.

Rent agreements of 11-month tenure do not require registration. This applies to online rent agreements as well. So, such documents can be executed and signed online and are legally valid.

How much time does it take to create an online rent agreement?

Using eSahayak, an online rent agreement can be created in a matter of minutes. You will get the draft instantly and e-stamped version of your agreement in 24 working hours.

Can I execute and sign the online rent agreement from anywhere in the world?

Since only a digital signature is required to execute an online rent agreement, the document can be digitally signed from any part of the world.

What if my landlord/tenant claims that they never signed the rent agreement after digitally signing it?

Once the online rent agreement is signed, we will send the soft copy of the document to you, on your email ID, along with the audit trail, which will have complete information about the IP address, device information and other details that the second party used, for signing the document.

Do I need to get the online rent agreement printed, or is a soft copy sufficient?

As the online rent agreement is executed and signed digitally, you can keep the soft copy for record purposes. Printing online rent agreement is not necessary.

What are the documents required to make the online rent agreement?

You do not need any document to make the online rent agreement. However, keep the tenant’s/landlord’s contact information handy, as it will be required while creating the draft.

Digital signatures or e-signatures have the same legal status as handwritten signatures, under the Information Technology Act (IT Act), 2000. Digital signatures have the same legal validity as the physical signing.


Rent Agreement with Stamp Paper: West Bengal

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Rent Agreement with Stamp Paper: West Bengal

4.8 - 44 votes