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.
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Our goal at eSahayak is to offer a one stop online platform for all kinds of legal documentation services at your doorstep.
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Table of Contents
Rent Agreement Format for Goa
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Goa. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Goa cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in Buildings (Lease, Rent & Eviction) Control Act, 1968 and Rules.
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.
Buildings (Lease, Rent & Eviction) Control Act, 1968 and Rules
The Buildings (Lease, Rent & Eviction) Control Act, 1968 (also known as the Rent Control Act) is a law that regulates rent and evictions in India. The Act applies to all buildings in India that are used for residential or commercial purposes, except for buildings that are specifically exempted by the Act.
These are the exemptions include:
- Buildings owned by the government or a public sector undertaking.
- Buildings used for educational or charitable purposes.
- Buildings used for religious purposes.
- Buildings that are more than 50 years old.
- Buildings that are located in areas that are not considered to be urban areas.
The Buildings (Lease, Rent & Eviction) Control Act, 1968 exempts the following buildings from its provisions:
- Buildings owned by the government or a local authority.
- Buildings used for educational, religious, or charitable purposes.
- Buildings used for industrial or commercial purposes, if the rent is fixed by a competent authority.
- Buildings that are let out for a period of less than three months.
- Buildings that are let out to a tenant who is a close relative of the landlord.
The Rent Control Act sets out a number of provisions that must be included in a rent agreement. These provisions include:
- The name and address of the landlord and tenant
- The address of the property
- The purpose of the tenancy (residential or commercial)
- The rent amount
- The term of the tenancy
- The rent agreement must be for a fixed term.
- The rent agreement must be in writing and signed by both the landlord and tenant.
- The rent agreement cannot be terminated before the end of the term without the consent of both parties.
- The rent agreement must be registered with the Rent Controller.
- The rights and obligations of the landlord and tenant
- The Rent Control Act also sets out a number of restrictions on rent increases. The rent can only be increased by a maximum of 5% per year, unless the landlord can show that there has been a significant increase in the cost of living.
The Rent Control Act also provides tenants with a number of protections against eviction. A landlord cannot evict a tenant without a valid reason like:
- Non-payment of rent
- Subletting the property without the landlord’s permission
- Using the property for illegal purposes
- Causing damage to the property
If a landlord wants to evict a tenant, they must follow a legal process. The landlord must first serve the tenant with a notice of eviction. The tenant then has a right to challenge the eviction in court.
Stamp Duty and Registration in Goa
The rent agreement registration is mandatory in Goa regardless of the duration of the agreement.
The stamp duty for rent agreement in Goa is as follows:
| Term of lease | Stamp duty payable |
|---|---|
| Less than 1 year | 1/2 X (Rs. 8 per 500) of total rent |
| Not less than 1 year, but not more than 5 years | 1/2 X (Rs. 8 per 500) of total rent or value of the average annual rent reserved. |
| Exceeding 5 years and not exceeding 10 years | 1/3 X (Rs. 40 per 500) of total rent or value of the average annual rent reserved. |
| Exceeding 10 years, but not exceeding 20 years | 2/3 X (Rs. 40 per 500) of total rent or value of the average annual rent reserved. |
| Exceeding 20 years, but not exceeding 30 years | (Rs. 40 per 500) of total rent or value of the average annual rent reserved. |
| Exceeding 30 years, but not exceeding 100 years | 4/3 X (Rs. 40 per 500) of total rent or value of the average annual rent reserved. |
For example,
If the annual average rent is Rs. 2,40,000 and
- If the lease term is less than 1 year: The stamp duty payable is 1/2 * (Rs. 8/500) * total rent = 1/2 * (Rs. 8/500) * 240000 = Rs. 960.
- If the lease term is not less than 1 year, but not more than 5 years: The stamp duty payable is 1/2 * (Rs. 8/500) * value of the average annual rent reserved = 1/2 * (Rs. 8/500) * 240000 = Rs. 960.
- If the lease term exceeds 5 years and does not exceed 10 years: The stamp duty payable is 1/3 * (Rs. 40/500) * total rent or value of the average annual rent reserved = 1/3 * (Rs. 40/500) * 240000 = Rs. 3200.
- If the lease term exceeds 10 years, but does not exceed 20 years: The stamp duty payable is 2/3 * (Rs. 40/500) * total rent or value of the average annual rent reserved = 2/3 * (Rs. 40/500) * 240000 = Rs. 4800.
- If the lease term exceeds 20 years, but does not exceed 30 years: The stamp duty payable is Rs. 40/500 * total rent or value of the average annual rent reserved = Rs. 40/500 * 240000 = Rs. 16000.
- If the lease term exceeds 30 years, but does not exceed 100 years: The stamp duty payable is 4/3 * (Rs. 40/500) * total rent or value of the average annual rent reserved = 4/3 * (Rs. 40/500) * 240000 = Rs. 25600.
The stamp duty can be paid using eSahayak and registration charges must be paid at the time of registration of the rent agreement which can be done at Sub-Registrar’s office in Goa.
Here are some of the documents that you will need to register a rent agreement in Goa:
- Original rent agreement which can be made on our platform eSahayak
- Photocopies of PAN cards of both the landlord and tenant
- Photocopies of any one identity and address proof like Aadhaar, Voter ID, Passport, Driving License of both the landlord and tenant