Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 House Rental agreement (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

 Profile Views : 18142

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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 : Rakesh

Law Firm Name : Kachwala Misar & Co.

Country : India

City : Mumbai

State : MAHARASHTRA

Practicing Since: 2007

About Your Firm : We are a solicitor firm having practice domain of Arbitration, Civil, RERA, NCLT, property, Testamentary, Society, Revenue, drafting, documentation and Conveyancing.

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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 Kachwala Misar & Co. :  Yes. But how do you demonstrate that you have right in the under construction property? I presume that you would have a allotment letter or registered agreement executed by the Builder/Developer in your favour. Please mention the details of the same also in the will.

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 Kachwala Misar & Co. :  Please share more details rather the ready reckoner rate. Stamp Duty would depend upon the Rent amount, License Period and the Security Deposit and only then the amount payable can be decided

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 Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

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 Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

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 Kachwala Misar & Co. :  Sir, If your agreement value in the agreement is Rs 36 Lakhs then FIRST buyer will have to show the proof of payment of RS 36 lakhs and SECOND in your books of accounts the income received would be RS 36 lakhs and you will have to pay tax on that. In any case, you can register the property with consideration as Rs 27 lakhs and pay stamp duty on Rs 36 Lakhs.