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Rent Agreement Format for Gujarat
At eSahayak, we offer pre-designed rent agreement format specifically tailored to meet the requirements of Gujarat. Our format incorporates the relevant clauses and provisions mandated by the local laws, ensuring compliance and legality.
Our rent agreement format for Gujarat cover essential aspects such as the duration of the agreement, rent fixation, maintenance responsibilities, and other crucial terms and conditions outlined in The Rents, Hotel and Lodging House Rates Control Act, 1947, Gujarat
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.
Rents, Hotel and Lodging House Rates Control Act, 1947, Gujarat
The rent agreement laws in Gujarat are governed by the Bombay (now Gujarat) Rents, Hotel and Lodging House Rates Control Act, 1947. This Act applies to all urban areas in Gujarat, except the municipalities of Ahmedabad, Surat, and Vadodara.
The following are some of the key provisions of the Act:
- Rent agreements for a period of up to 11 months do not need to be registered.
- The security deposit cannot exceed two months’ rent for residential premises and six months’ rent for non-residential premises.
- The landlord cannot evict the tenant without a valid reason.
- The tenant has the right to sublet the premises with the landlord’s consent.
The Act also sets out the procedure for dealing with disputes between landlords and tenants. These disputes can be resolved through the Rent Controller’s Court.
In addition to the Bombay Rent Act, there are a number of other laws that may apply to rent agreements in Gujarat. These include the Gujarat Tenancy and Agricultural Land Act, 1948, and the Gujarat Urban Development Act, 1976.
It is important to consult with a lawyer if you are considering entering into a rent agreement in Gujarat. This will ensure that you understand your rights and obligations under the law.
Here are some additional things to keep in mind about rent agreements in Gujarat:
- The rent agreement should be in writing and should be signed by both the landlord and the tenant.
- The agreement should specify the terms of the tenancy, such as the rent, the security deposit, and the duration of the tenancy.
- The agreement should also specify the rights and obligations of the landlord and the tenant.
- It is a good idea to have the rent agreement stamped and registered with the local authorities.
Stamp Duty and Registration
In Gujarat, if the rent agreement is of less than 11 months then then stamp duty which people generally pay for rental agreements is Rs. 300.
Regarding registration, it is not mandatory for rent agreements with a duration of less than 11 months in Gujarat. However, if you plan to create an agreement for more than 11 months, registration becomes mandatory.
The stamp duty for residential rent agreements in Gujarat are as follows:
| Term of Lease | Stamp Duty Rate |
|---|---|
| Less than 1 year | INR 3.55 for every 100 rupees of annual rent |
| 1 year to 10 years | INR 3.55 for every 100 rupees of average annual rent |
| 10 years to 30 years | 2 X (INR 3.55 for every 100 rupees of average annual rent) |
| 30 years to 98 years | 3 X (INR 3.55 for every 100 rupees of average annual rent) |
| More than 98 years | 5 X (INR 3.55 for every 100 rupees of average annual rent) |
For example, if the average annual rent is Rs.2,40,000, then stamp duty will be calculated as:
- Less than 1 year: Annual Rent = INR 240,000 Stamp Duty Rate = INR 3.55 for every 100 rupees of annual rent Stamp Duty = (240,000 / 100) * 3.55 = INR 8,520
- 1 year to 10 years: Average Annual Rent = INR 240,000 Stamp Duty Rate = INR 3.55 for every 100 rupees of average annual rent Stamp Duty = (240,000 / 100) * 3.55 = INR 8,520
- 10 years to 30 years: Average Annual Rent = INR 240,000 Stamp Duty Rate = 2 * (INR 3.55 for every 100 rupees of average annual rent) Stamp Duty = 2 * ((240,000 / 100) * 3.55) = INR 30,240
- 30 years to 98 years: Average Annual Rent = INR 240,000 Stamp Duty Rate = 3 * (INR 3.55 for every 100 rupees of average annual rent) Stamp Duty = 3 * ((240,000 / 100) * 3.55) = INR 45,360
- More than 98 years: Average Annual Rent = INR 240,000 Stamp Duty Rate = 5 * (INR 3.55 for every 100 rupees of average annual rent) Stamp Duty = 5 * ((240,000 / 100) * 3.55) = INR 75,600
Types of Rental Agreement in Gujarat
- Commercial Rental Agreement: Such kinds of rental agreements are signed for business or commercial purposes only and hence they rarely have a standard format as the agreement must adapt to the needs of the particular business being considered for agreement. In this kind of rent agreement, a large amount of money is involved and is signed for a long period. Hence, registration and proper stamp duty are rarely overlooked.
- Long-term Rental Agreement: This type of rental agreement is typically used for residential purposes where a huge lump sum is paid in advance and the agreement is for the long-term. Hence, Registration and proper Stamp Duty are important aspects of this kind of agreement.
- 11- Month Rental Agreement: This is the most commonly used agreement format in the state of Gujrat. The term of this agreement is 11 months at the end of which both parties have the liberty to renew/ terminate the contract. A few months’ worth of rent is collected as a Security deposit. Registration is not compulsory as the term is less than a year and such leases will require the tenant to pay a fixed monthly rent to the landlord. Hence, it is advantageous to go for this arrangement and opt for an 11-month contract. Thus, this arrangement saves money payable towards stamp duty and registration fees.
Things to keep in mind while renting a property
It is not common that parties can be tricked while taking part in the rental transaction as a tenant can be frauded by a landlord by giving the false identity of his ownership. Many things could go wrong which is why you must pay attention to the following aspects before drafting a rental transaction:
- Authentication of an Owner: It is the responsibility of a tenant to ask for evidence to prove that the person posing as the landlord is indeed the landlord. This can be done by asking for a utility bill or title of ownership document to check the authenticity of an owner
- Payment receipts: Collect payment receipts whenever you make any payment whether it is rent, maintenance, security deposit, token advance, etc. This will be solid proof that you have paid your dues on time
- Deduction from security deposits: It is the tenant’s job to ask for his security deposits when he vacates the property and the landlord’s duty is to return the security deposit after providing a detailed description about the deduction on it.
- Agreement registration: It is a wise step to make your rental agreement registered at the local sub-registrar to avoid any legal battles in the future because the court will consider your rental agreement as primary evidence and decide the case in one’s favor as an unregistered agreement can only act as collateral evidence.
- Token Advance: To block the property for a potential tenant, a non-refundable amount is taken by a landlord from the tenant and if either party backs out after the payment is made, that party is responsible for compensating the losses incurred by the other party.