Note that notarized leases are not identical to registered documents. In the event of a dispute between the lessor and the tenant, the court will not allow a notarized agreement as evidence. It is therefore important to have the lease properly registered. To promote rental housing in India, the government has formulated a draft directive, the Model Tenancy Act, 2020, to make the transaction beneficial for both landlords and tenants. The provisions established under this model policy should be the guiding principles for the preparation of a lease agreement. According to the union`s housing minister, the policy, which will likely soon replace existing rental housing laws across India, will unleash a crore unit in India`s rental housing markets. See also: Arbitration clause in rental contracts and how it can help landlords and tenants The lease must contain the name and address of the lessor and tenant, the terms of the lease, the rental period, the rent and the amount of the deposit, the restrictions for both parties, the conditions for terminating the contract, the conditions of renewal and the details thereon, which must bear other costs such as maintenance costs, repairs, etc. To prepare a lease, start by creating a draft version after discussing the clauses with your landlord/tenant. There are certain clauses that should never be omitted in a rental agreement, which will be discussed later in the article. Add all the desired details and check the act as soon as the design is ready. Buy buffer paper of the recommended value, which depends on your rent and deposit amounts.

Finally, print your document on stamp paper. Capitals like Chennai, Coimbatore, Salem, etc. are used to making sophisticated deals, while smaller towns like Madurai, Tiruchirapalli, Tirunelveli, etc., are more forgiving. In some countries where the e-stamp is available for rental contracts, you do not need to buy the stamp paper physically. You can register on the website of Stock Holding Corporation of India Ltd (SHCIL) and check that the state in which you reside offers this possibility. Currently, Assam, Gujarat, Himachal Pradesh, Karnataka, Maharashtra, Delhi-NCR, Tamil Nadu, Uttarakhand and Uttar Pradesh allow e-stamping of rental contracts. This type of rental or lease agreement can be used by the owner or tenant of a residential property. It is signed by the tenant and the lessor to indicate the consent to the conditions set by the lessor. It is a legal document with the force of law to which the courts can refer in case of disagreement. The rental agreement must be printed on an extrajudicial stamp document with a value equal to or greater than 100/. The lease is usually signed against payment of the deposit for the rented property between the lessor and the tenant.

As a rule, two copies of the document are executed, each of the parties keeping an original copy. In case of disagreement in the future, the lease will be one of the priorities of the dispute. However, there are other factors that, if overlooked, can cause bigger problems. Here are a few things to keep in mind – To reduce costs, tenants and landlords sometimes make an oral agreement on the lease and avoid the execution of a lease. Sometimes they also document the agreement and set terms for the rental, but choose not to save the document. This is due to the fact that both parties are responsible for paying a registration fee when a rental agreement is drawn up and registered. The lessor is also required to declare his rental income as soon as the lease is valid. However, entering into a lease without registration is illegal and could prove risky for both parties, especially in the event of future litigation. In India, the tenant also pays a deposit or advance to the lessor, which must be reimbursed at the time of termination of the contract.

Normally it is calculated somewhere between 2 or 3 months and up to 10 months` rent.. . .