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Table of Contents
Rent Agreement Format for Assam
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Assam. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Assam cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in The Assam Tenancy Act, 2021.
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.
Note: You have the flexibility to include additional clauses in the rental agreement according to your specific needs, if necessary.
Assam Tenancy Act, 2021
In Assam, the regulations governing rent agreements are primarily guided by the Assam Tenancy Act, 2021. This Act aims to ensure fair practices and protect the rights of both landlords and tenants in the state.
The Assam Tenancy Act, 2021 is a legislation that regulates tenancy in the state of Assam. The Act was passed in 2021 and came into force on September 23, 2021. The Act repeals the Assam Urban Areas Rent Control Act, 1972.
Here are some of the specific key points of the Act:
- The Act caps the rent that can be charged for a premises.
- The Act prohibits landlords from evicting tenants without a valid reason.
- The Act provides for a process for tenants to challenge eviction orders.
- The Act also provides for a process for landlords to challenge rent control orders.
The Assam Tenancy Act, 2021 is a significant piece of legislation that protects the rights of tenants in the state of Assam. The Act provides a number of safeguards for tenants, including rent control, protection from eviction, and a process for challenging eviction orders.
Here are some of the key differences between the Assam Tenancy Act, 2021 and the Assam Urban Areas Rent Control Act, 1972:
- The Assam Tenancy Act, 2021 applies to all tenancies in Assam, while the Assam Urban Areas Rent Control Act, 1972 only applied to tenancies in urban areas.
- The Assam Tenancy Act, 2021 does not have any rent capping provisions. It was one of the key differences between the old Assam Urban Areas Rent Control Act, 1972 and the new Act. The old Act had a rent capping mechanism, which meant that the rent of a premises could not be increased beyond a certain limit. This was done to protect the interests of tenants, who would otherwise be at the mercy of landlords who could charge whatever they wanted.
- The Assam Urban Areas Rent Control Act, 1972 did not have any provisions for tenants to challenge eviction orders. This meant that if a landlord served a tenant with an eviction notice, the tenant had no way to challenge it. The only way to avoid eviction was to comply with the notice and vacate the premises.
The Assam Tenancy Act, 2021 is a comprehensive piece of legislation that provides much-needed protection for tenants in the state of Assam. The Act is a welcome development and it is expected to have a positive impact on the lives of tenants in Assam.
Stamp Duty and Registration in Assam
Mostly people is Assam pay the stamp duty amount of Rs. 100 for rent agreements. According to The Assam Tenancy Act, 2021, here is how the stamp duty is actually calculated:
- Stamp Duty for Agreements with tenure of less than or equal to 12 months is 2% of the total annual rent
- For example, if the rent total annual rent is Rs. 1,44,000 then for third year is Rs. 25,000/ month that comes out to Rs. 3,00,000/ year, and
- Stamp duty for Agreements with tenure more than 12 months is 2% of the total average of annual rent
- For example if the rent for first year is Rs. 20,000/ month that comes out to Rs. 2,40,000/ year, and for second year is Rs. 22,000/ month that comes out to Rs. 2,64,000/ year, and for third year is Rs. 25,000/ month that comes out to Rs. 3,00,000/ year, and for forth year is Rs. 29,000/ month that comes out to Rs. 3,48,000/ year, and for fifth year is Rs. 35,000/ month that comes out to Rs. 4,20,000/ year, then the stamp duty payable will be 2% of (240000+264000+300000+348000+420000)/5= 3,14,400 i.e. Rs. 6288
Regarding registration, it is not mandatory for rent agreements with a duration of less than 11 months in Assam. However, if you plan to create an agreement for more than 11 months, registration becomes mandatory.
The registration charges for rent agreements in Assam can be paid at any sub-registrar’s office in Assam. The rent agreement must be executed in the presence of a witness, who must also sign the rent agreement.