Gunjan

 gunjan shah

 21 Years Exp

 House Rental agreement (Show More)

 North 24 Parganas , Bidhan Nagar

 View Answers by this Partner (8)

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Flat/Apartment Rental Agreement

Renting an apartment has pretty much the same formalities as renting an individual house. But the contract is where all the difference lies. As you may know, a rental agreement or lease is a contracted between the landlord and the tenant through which a landlord grants tenancy to the latter.

Flat rental deeds are not used in the case of individual houses. They are used when someone wishes to rent out a single unit in an apartment complex. Such rental agreements have to be drafted with care, with clauses for access rights to common amenities and the rules of the residents association. Ideally, draft the agreement a few weeks before you move in. That would give both the landlord and the tenant to make changes should they feel so.

Any person who wishes to take part in a rental transaction can use a rental agreement to lay down the rules and duties. As long as you are 18+ years old and of sane mind, you can be either tenant, landlord or witness in a contract.

You may want to take a look at some common terms used in a rental agreement-

Lessor: Often the landlord or the individual who is granting tenancy.
Lessee: The tenant or the person who receives tenancy.

Although rental agreements may be available online, they may not always be expert verified or comprehensive enough to cover all your needs. Hence, we strongly recommend that you use LegalDesk.com or any other professionally prepared document to make your agreement.
How to make it legally valid?

Like every other contract, a flat rental agreement too must have some basic clauses in place and some important entities to make it legally valid.

    Names, signatures and addresses must be mentioned without errors
    The deed must begin with the name and address of the tenant and landlord being stated.
    The address of the apartment that is being rented out too must be mentioned clearly, without mistakes.
    The signatures of the tenant, landlord and two witnesses must be placed clearly on the last page along with their full names.
    To make the document legally valid, it must be printed on stamp paper of recommended value.

If you miss even one of the above, there could be consequences that are unpleasant. Irrespective of whether you are a landlord or a tenant, a good rental agreement is vital to protect both of you should a dispute happen.

We hope you are convinced about the need for a professionally verified rental agreement for a flat. Try to avoid reusing the same deed you prepared for your previous rental home.


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Name : gunjan shah

Law Firm Name : Gunjan

Country : India

City : North 24 Parganas

State : WEST BENGAL

Practicing Since: 2004

About Your Firm : Legal degree with knowledge in Computer Application. A combination of Legal Knowledge and Computer Expertise will help me in performing any Legal Jobs, be it in IT or Non-IT sector with ease and confidence. Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters, both as representing counsel and also as Arbitrator.

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 Legal & Drafting

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Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Gunjan :  The property becomes vested in the name of your grandfather by way of inheritance. You need not do anything. Just apply for mutation of the property in name of your grandfather.

Subject :  construction issues
Question :  we are living in an old house which was built many yrs ago( more then 40yrs).we have common walls with our neighbor.Now he is building his house in our area,always trying to prove that he is not doing so nd even he is doing favour leaving his space in between.he is not constructing a straight walls.he has built ground floor taking 3 inches of our space from back and according to that our front is decreased but his size is correct which may be due to the old construction of neighbor next to him.

Answer by Gunjan :  If your are aggrieved by the construction, please approach the local Municipality/Panchayat. If you are still not satisfied, you can file a suit for declaration and injunction in the appropriate Civil Court of Law.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Gunjan :  Yes, you are right. Accepting a higher amount of money than you are actually getting means you will be liable to pay long term property taxes upon the excess amount also.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Gunjan :  Cost of drafting a rental agreement would be Rs. 10000/- only. It takes 2-3 days to prepare the agreement.

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Gunjan :  Yes, you can specify any future property that you anticipate to get in your Will.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  I have already answered this question.

Subject :  Property Fraud
Question :  I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?

Answer by Gunjan :  This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered..