A rent agreement is a contract or agreement between the property owner and the renter who wants to reside in the property for a temporary period. In India, rent agreement is usually made for 11 months; but it can be of less than 11 months also.
If the property is rented out for more than 12 months, then it is compulsory to register the rent agreement as per The Registration Act 1908. Most of the rules of renting and leasing are regulated under The Registration Act 1908 and The Transfer of Property Act 1882.
When a contract or agreement is signed between two parties, it is better to have a lawyer by your side. Moreover, it is wise to let a lawyer draft the contract (in this case the rent/lease agreement) so that all the legalities are taken care of and nothing is omitted. Lawyers at Online Legal Center will help you draft a customized rent or lease agreement and also educate you about landlord and tenant rights so that you have a hassle-free stay at the property.
In case the agreement is for more than 11 months, registration is mandatory. Your lawyer will also assist you in proper registration of the agreement.
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No. The landlord cannot increase the rent during the agreement period. He/she can do so after the agreement expires, i.e., after 11 months, unless it is mentioned in the agreement.
Yes; certain states provide the facility of online registration. Your lawyer will help you in this.
Completion of rent agreement does not always mean the tenant must vacant. The tenant can discuss with the landlord and, if the landlord agrees, both parties can renew the contract (rent agreement) for another 11 months.
However, this discussion should be done prior to 2 months of the expiration of the agreement because, as per law, the landlord must give notice period of 2 months to the tenant, if the landlord does not want to renew the agreement.
In case the tenant overstays despite providing notice period and the completion of the agreement, it is upto the landlord to take legal action or settle the dispute amicably between both parties.
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