Rental agreement
CitizenInsignificant
(Querist) 09 August 2011
This query is : Resolved
As a tenant what should I be cautious of in the agreement in while renting a residential apartment? What types of agreements to avoid?
ajay sethi
(Expert) 09 August 2011
1)i presume you are entering into leave and license agreement
2) have the agreement drafted by lawyer
3) get document stamped and registered
4) obtain prior permission of society where you are taking flat o n leave and license
CitizenInsignificant
(Querist) 09 August 2011
should I ask for a 11 month agreement or 5 year one? who is supposed to register the agreement, the landlord or tenant?
ajay sethi
(Expert) 09 August 2011
it depends whether you want to stay for longer period or you wan to pack your bags and move on after 11 months .
enter into agreement for 33 months.
liability for registartion is of licensor ie flat owner
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 August 2011
Yes the responsibility for registration and agreement is on the owner so tenant need not worry accept insuring reciepts for all payments made.
ESTHERPRIYA
(Expert) 09 August 2011
Be cautious of rent, other charges and advance amount which is refundable. Moreover it is best to get 11 months lease and rent escalation rate. In case of 5 years it is compulsory registrable.
M/s. Y-not legal services
(Expert) 09 August 2011
Yes. Its depends upon your purpose of the building.. And if you entered for 11 months mean need not to register the same. Otherwise you have to register the document. If its 11 months mean you can renewal it.
K.S.Srinivas
(Expert) 09 August 2011
I also agree with expert Esthepriya.
M V Gupta
(Expert) 10 August 2011
If the querist is from Maharashtra, he may note that even 11 month agreement for Leave license is required to be registered compulsorily as per the provisions of the Maharashtra Rent Act. Although the responsibility is on the Land lord, the tenant is to cooperate by appearing before the Sub registrar and admit execution. While drafting the Agreement we generally provide that the Licensee shall cooperate in getting the deed registered. As regards precautions ensure that clear provision is made in the agreement that the land lord shall refund the security deposit against repossession of the flat and that in the event of non refund the licensee shall retain the possession of the flat until actual refund without obligation to pay any rent or outgoings.
Nagesh Rudrakanthwar
(Expert) 10 August 2011
1) It is better to go with Leave & Licence agreement to avoid the escalations & to prevent the right on property.
2)It will be better to go with the 11 months rather to go with the 5 years agreement because as future is uncertain you will never no what will happen in future.
3)For 11 months Leave & Licence agreement registration is optional but for 5 years Lease & Licence Registration & stamp duty is compulsory but It will be better to register to prevent the future discrepancy
4)Responsibility of all the expenses for registration & stamp duty lies with the licencor.
5)You have to take prior consent of society where you wanted to reside.
6) Get confirm from any Lawyer that all the material clauses are properly drafted.
CitizenInsignificant
(Querist) 11 August 2011
Thank you advocates for responding to my question. However I still have a bit of doubt. If I ask for a 5 year or 33 months leave & license shall I have to stick with the property for that period of time?
@Adv M.V Gupta
I am from Kolkata. Do different states have different tenancy laws? Are there any tenancy laws specific to Kolkata/West Bengal?
M V Gupta
(Expert) 13 August 2011
Yes. Each State has its own separate tenancy law. Pl check the West Bengal Rent control Act and do the needful.
