ADVOCATE ROHIT DALMIA & ASSOCIATES

 ROHIT DALMIA

 18 Years Exp

 Room Rental Agreement (Show More)

 Mumbai , Borivali

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For most bachelors (and spinsters for that matter), moving to a different town is a common part of adult life. Most of them, while independent, may not be able to afford having to rent a whole home for their own. That’s where the provision to rent only a room or portions of a house already occupied by someone else seems like a blessing.

The best choice for young and single people, many families living in the metros have opted to open their homes for such people. The additional income from such an arrangement is also another benefit for the average families.

Even though in this arrangement the landlord gets to keep a closer eye on his tenant(s), it is still a wise choice to have a rental agreement in place. This agreement too is pretty much like the conventional rental agreement, but it has slight differences as some facts are different.

A primary difference would be that the fact that only certain parts of the home is accessible to the tenant is clearly mentioned. The contract needs to spell out exactly which parts the tenant can occupy along with other factors like terms of using the common regions.
Types of Commercial Lease

A lot of attention has to be paid to the clauses that go into a room rental agreement. Since the landlord and tenant may co-occupy the same property, clear restrictions must be drawn up so that either party remains undisturbed.

Following are some of the clauses that must never be omitted from a room rental agreement-

    Monthly rent, security deposit and term of the contract
    Terms and conditions of contract renewal
    Portions of the home the tenant will have access to
    Consequences of breaching the contract
    Right to sublet
    Maintenance responsibilities and duties of owner/tenant

How To Make It Legally Valid And Enforceable?

To make any rental agreement legally valid, following are the steps one needs to follow-

    Prepare the contract carefully. Ensure that all clauses and terms required by both owner and tenant are included.
    Print the prepared agreement on stamp paper of recommended value. Every state has different rules on the stamp duty to be paid. Pay attention to this.
    Owner and tenant should then place their signatures on designated places on the contract in the presence of two witnesses, who must also sign the contract.
    Tenant then pays required stamp duty and lets the owner keep the original contract while the tenant keeps a copy of the same


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Name : ROHIT DALMIA

Law Firm Name : ADVOCATE ROHIT DALMIA & ASSOCIATES

Country : India

City : Mumbai

State : MAHARASHTRA

Practicing Since: 2007

About Your Firm : It is Proprietorship Firm Providing Services related to Litigation and Non-Litigation work. The Firm is serving Corporate and Individual Clients across India. Litigations related to Property Disputes, Commercial Disputes, Arbitration, Cheque Bouncing, Consumer, Labour Matters, Municipal Corporation matters, Tenancy disputes, society related matters and Testamentary Matters are being handled by the Firm. Non-Litigation Services related to drafting of Notices, replies, drafting of MOU'S, Contracts, Sale Deeds, Will, Power of Attorney, Providing Title Search of the Property and Vetting of documents and giving legal Opinion to the Clients.

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Anshu Kushwaha Bar Council of Maharashtra and Goa

 Legal & Drafting

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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 ADVOCATE ROHIT DALMIA & ASSOCIATES :  Yes, You can include it in your will. Also you need to put the liability associated with it, such as housing loan or balance amount payable to the Developer for acquiring the under construction property, so that the beneficiary would be aware about the liability associated with that assets. For further consultation you may contact on 9324538481. Regards