Law chamber

 PAVANANJAYA

 19 Years Exp

 Room Rental Agreement (Show More)

 Dakshina Kannada , Kodiyalbail

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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 : PAVANANJAYA

Law Firm Name : Law chamber

Country : India

City : Dakshina Kannada

State : KARNATAKA

Practicing Since: 2006

About Your Firm : I am practicing since 2006 as a civil Advocate in Mangalore I am handling civil Matters M.C Cases , Consumer cases Registration work Revenue work, Legal Opinion etc

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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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok