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Rent Agreement Format for Bihar
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Bihar. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Bihar cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in TheBihar Act 3 of 1947.
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.
Bihar Act 3 of 1947
The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947) is a legislation that regulates the letting of buildings and the rent of such buildings in the state of Bihar. The Act was passed in 1947 and came into force on March 15, 1947.
The Act applies to all buildings in Bihar, except for buildings that are specifically excluded by the Act. The Act defines a “tenant” as a person who occupies a building under a lease.
The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 applies to all buildings in Bihar, except for the following types of buildings:
- Government buildings
- Educational institutions
- Religious institutions
- Buildings used for industrial or commercial purposes
- Buildings used for residential purposes by the landlord or his family
- Buildings let for a period of less than three months
The Act provides for a Rent Controller (Sub-Divisional Officer (SDO) in-charge of the sub-division) to hear and decide disputes between landlords and tenants.
Here are some of the key provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 related to rent agreements:
- The rent agreement must be in writing and signed by both the landlord and the tenant.
- The rent agreement must be stamped and registered (if the duration of the agreement is above 11 months).
- The rent agreement must specify the rent payable, the period of the lease, and the terms and conditions of the lease.
- The rent agreement must be executed in the presence of a witness, who must also sign the rent agreement.
The Act also provides for a number of safeguards for tenants, including:
- The rent cannot be increased arbitrarily.
- The tenant has the right to renew the lease at the end of the lease period.
- The tenant cannot be evicted without a valid reason.
There are a few valid reasons why a tenant can be evicted in Bihar under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. These reasons include:
- Non-payment of rent: The tenant can be evicted if they fail to pay rent for a period of two months or more.
- Use of the premises for illegal purposes: The tenant can be evicted if they use the premises for illegal purposes, such as drug dealing or prostitution.
- Subletting or assigning the lease without the landlord’s consent: The tenant can be evicted if they sublet or assign the lease without the landlord’s consent.
- Damage to the premises: The tenant can be evicted if they damage the premises in a serious way.
- Eviction for public purpose: The tenant can be evicted if the premises are required for public purpose, such as the construction of a road or a school.
Stamp Duty in Bihar
As of now, Bihar does not offer e-stamping services. Stamp duty is applicable to rent agreements in Bihar, and the amount varies based on factors such as the rental value and duration of the agreement. It is important to pay the stamp duty as per the prescribed rates to ensure the legality of the rent agreement.
Here are the stamp duty and registration charges for rent agreements in Bihar: Most of the people in Bihar pay Rs. 100 as the stamp duty for Rent Agreement.
- For agreements less than or equal to 11 months of tenure, the payable stamp duty is 1% ****of the annual rent, or Rs. 500, whichever is less.
- For agreement with a term of one to five years: 6% of the average annual rent.
- For agreement with a term of more than five years: 8% of the average annual rent.
Regarding registration, it is not mandatory for rent agreements with a duration of less than 11 months in Bihar. However, if you plan to create an agreement for more than 11 months, registration becomes mandatory.
If you want to register the rent agreement, it must be stamped and registered within 30 days of its execution.
The registration charges for rent agreements in Bihar can be paid at any sub-registrar’s office in Bihar. The rent agreement must be executed in the presence of a witness, who must also sign the rent agreement.
Here are some of the documents that you will need to get the rent agreement stamped and registered:
- Original rent agreement
- Identity proof of tenant and landlord
- Proof of address of tenant and landlord
- Witness’s identity proof and address