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RENT AGREEMENT
This rent agreement ("Agreement") is made on .................. at
LANDLORD(s)
....................
BETWEEN:
................. having Aadhaar Number: .............., resident of ......................(hereinafter referred to as the "LANDLORD") which expression shall, unless repugnant to the context, mean and include his heirs, executors, and permitted assigns.
AND:
TENANT(s)
................. having Passport Number: ................, resident of ......................(hereinafter referred to as the "TENANT") which expression shall, unless repugnant to the context, mean and include his heirs, executors, and permitted assigns.
WHEREAS
The said LANDLORD(s) is sole and absolute (Landlord/Landlady) of the ...................................... (hereinafter referred as "PROPERTY"), and the above said TENANT(s) has contacted the LANDLORD(s) to take the property on rent and the LANDLORD(s) has agreed to let out the Property to the above TENANT(s) on the below-given terms and conditions.
NOW, THIS DEED FURTHER WITNESSETH AND AGREED BY AND BETWEEN THE SAID PARTIES AS FOLLOWS:
1. Term of Tenancy: The term of this agreement shall be for 11 months, commencing from .............. and ending on .............
2. Rent and Security Deposit:
a. The monthly rent for the property is ................. per month.
b. The tenant agrees to pay the monthly rent on or before 5th day of each month.
c. A security deposit of .............. has been paid by the tenant to the landlord and this amount will carry no interest. The security deposit shall be refunded at the end of the tenancy period, subject to deductions for any damages or outstanding dues.
3. Utilities and Maintenance:
a. The tenant will be responsible for paying utility bills including electricity,
water, gas, and any other applicable charges.
b. Society Maintenace charges if any, are inluded in the monthly rent paid by
the Tenant.
c. The tenant shall maintain the property in good condition and shall be
responsible for any damages caused beyond normal wear and tear.
d. The landlord shall be responsible for regular maintenance and repairs,
including plumbing, electrical, and structural maintenance.
4. Use of Property:
a. The property shall be used solely for residential purposes by the tenant.
b. Subletting, assigning, or transferring the property to any third party, in whole or in part, without the prior written consent of the landlord is strictly prohibited. Any subletting or assignment requires the landlord's explicit written approval.
5. Termination and Notice:
a. Either party may terminate this agreement by providing 30 days written notice to the other party through any suitable channel.
b. Upon termination, the tenant shall return the property in the same condition as at the beginning of the tenancy, minus normal wear and tear.
6. Repairs and Alterations:
a. The tenant shall promptly inform the landlord of any necessary repairs or
maintenance issues.
b. The tenant shall not make any structural alterations or modifications to the property without the written consent of the landlord.
7. Entry and Inspection:
a. The landlord has the right to enter the property with prior notice to inspect its condition or make repairs.
b. The landlord shall provide reasonable notice, except in cases of emergencies.
8. Default and Eviction:
a. Failure to make regular rent payments or violation of terms can result in
eviction.
b. The landlord will be within their right to evict the Tenant without the
issuance of any legal notice.
9. Use of Premises:
a. The tenant shall not use the premises for any illegal, immoral, or commercial purposes.
b. The tenant shall not engage in any activity that might cause a nuisance or disturbance to neighbours.
10. Furnishings and Appliances: The tenant shall be responsible for the reasonable care and maintenance of provided furnishings and appliances.
11. Renewal of Agreement:
a. If both parties agree, this agreement may be renewed for another term
subject to updated terms and conditions.
b. Renewal terms and any rent adjustments should be discussed and agreed
upon in writing prior to the renewal date.
12. Maintenance Charges: The tenant shall be responsible for any increases in
maintenance charges applicable during the tenancy period.
13. Notice of Absence: The tenant shall provide the landlord with written notice if
they plan to be away from the premises for an extended period.
14. Dispute Resolution: In case of any disputes or disagreements, both parties shall first attempt to resolve the matter amicably through negotiation. If unresolved, mediation or arbitration can be pursued before pursuing legal
action.
15. Force Majeure: In the event that either party is unable to fulfil its obligations due to circumstances beyond their control (such as acts of God, natural disasters, government actions), the affected party shall be excused from such obligations during the period of disruption.
16. Indemnity: The tenant shall indemnify and hold the landlord harmless from any claims, damages, or liabilities arising from the tenant's use of the premises.
17. Notices: All notices and communications shall be in writing and shall be deemed properly delivered if sent via registered post or other medium as per the convenience of both parties.
In Witness Whereof, the Parties hereto have set their hands and signatures on the date and year first above mentioned.
Landlord(s) Signatures
............................
Tenant(s) Signatures
............................
When drafting a rental agreement, including the following clauses can help protect both the landlord and tenant and avoid potential disputes:
Note: You have the flexibility to include additional clauses in the rental agreement according to your specific needs, if necessary.
Rent agreement that is equal to or more than 12 months has to be registered as a mandatory requirement.
There are numerous instances wherein parties don’t register their rent agreement to save some cost. The most prominent practice hence is to make a contract for 11 months to avoid the compulsory bracket.
As per the Registration Act, it cannot be admissible as proof if a rental agreement is not registered. It implies that in the event of a dispute between the landlord and the tenant, there is no acceptance of the un-registered rental agreement, and thus, no claim or decision can be taken based on the un-registered rental agreement.
To conclude, it is the responsibility of the landlord to register the agreement. If the landlord fails to do so, as a punishment, he/she will have to pay out INR 5,000 and/or be jailed for up to three months. Hence, make sure to have a rent agreement whenever you decide to rent out your home and vice-versa.
The rent agreement created on eSahayak is just like any other rent agreement. You just have to get the first page printed on the stamp paper or the e-stamp and the rest will be the same.
The process of generating the rent agreement form is online. after the form is ready you can download it as a pdf and get it printed whenever you want to.
On eSahayak our rent agreement template includes all the information that is needed to be filled and it covers almost everything, but you can add clauses as per your requirements in our custom field.
Yes, you can add a maximum of 5 tenants per agreement.
Rent agreements of 11 months’ tenure do not require registration. Therefore, such documents can be executed and are legally valid.
If the Agreement is making for 11 months then notarizing it with Notary Public is sufficient and Valid.
If the Agreement is making for above 11 months then it is mandatory to make it register as the validity for Notary Attestation is for 1 year in case of Rent Agreement.
In general, it can be anywhere from 1 month to 3 months for either the landlord or the tenant to vacate the property. However, whatever may be the standard notice period, it should be clearly mentioned in the rental contract with a mutual agreement between both the parties.
A rental agreement on which a stamp duty is paid is deemed as a legally valid piece of document. It has got an evidentiary value. Moreover, it is regarded in courts, as well.
In order to make a rent agreement and get it registered, you need to have a copy of the address proof of both tenant and owner along with the witnesses.
You may show any of these proofs listed here: Bank Passbook, Aadhar Card, Passport, Ration Card and Driving License as address proof.