A lease house agreement is the legal document explaining the terms and conditions of the leased-out property. The landlord and the tenant must follow such terms and conditions, i.e., lessor and lessee, respectively. Since the relationship between the lessor and lessee is mainly cordial, it is essential to have a written lease agreement if the connection turns sour or becomes oppressed with confusion and objections.
The format of the lease house agreement is provided as follows:
Lease House Agreement
This lease house agreement is formed and effective this date by and between the landlord (name), from now on recognised as the “lessor,” of the one section, and tenant (name), from now on recognised as the “lessee,” of the other section;
While the legal owner, and otherwise well adequately permitted to [address of lease property, city, state, pin code] is lessor, the property falls in the category of a residential house and includes kitchen, hall, bedrooms and car parking with a range of XX square feet, from now on recognised as the “said property.”
While the lessor has agreed to lease the said property to the lessor for a period of (number of years), initiating from the (date)
Now the following prescribed terms and conditions are hereby agreed to by both parties, i.e., lessor and lessee:
- That the lessor hereby rents to the lessee, and the lessee accepts the said property in its present condition.
- If the lessor cannot provide the said property on the start date of the lease, the lessor should provide the said property as soon as possible, and the obligation of the lessee to pay rent shall abate in the course of such a period. The lessee should not be permitted to seek any other remedy for any type of delay in delivering the said property.
- The lessee agrees to make payment, without any demand, to the lessor as lease rental for the said property in the sum of the lease rent per month on the first day of the month in advance. Penalty charges, such as (amount) per day, may be imposed by the lessor for late payment.
- At the time of execution of this lease, a security deposit at no interest must be deposited by the lessee with the lessor as a security for the lessee’s performance of the prescribed terms and conditions of this lease to be returned to the lessee, complying with the complete and reliable execution by the lessee of this lease. In the case of any damages to the property caused by the lessee or their family members, visitors, or friends, the lessor may apply for funds to repair it but is not restricted to this fund, and the lessee’s liability remains. In the case of any failure of the lessor to refund the security deposit to the lessee as mentioned above, the lessee shall be permitted to use the said property continuously and occupy it without making any payment of rent until the lessor refunds the amount.
- The lessee would have the option of terminating the lease by providing one month’s prior written notice to the lessor.
- The lessee does not possess the right to form any sublease or transfer of said property.
- The said property must only be used for residential purposes by the lessee.
- That before handling the said property, the lessor should ensure the working of the electrical, sanitary, and water supply connections, as well as some other fittings about the said property. It is agreed that the lessor must ensure their return in a working condition during the re-possession of the said property. (Some exceptions are normal wear and tear, fire damage, rain, and accidents.)
- That being said, no authorisation is provided to the lessee for any alteration or modification of the property. However, the lessee has the right to install or remove his own fittings, subject to the condition that it is performed without any significant damages to the said property.
- That the cost and expense incurred about some minor repairs, such as the replacement of tubes and maintenance of a water pump, should be borne by the lessee, and the lessor shall bear the cost of any major repair. In the case of failure by the lessor to carry out repair work despite getting notice from the lessee, the essential repairs can be undertaken by the lessee, and the lessor would be liable to reimburse expenses incurred by the lessee immediately.
- That for inspection, the lessor or authorised person by them shall possess the right to enter the said property or any part thereof at a particularly convenient time.
- That the lessee shall not keep any article or thing of a dangerous or explosive nature that may unreasonably enhance the risk of fire on or across the said property or that may be regarded as hazardous.
- That the lessee shall have responsibility for the arrangement and payment of all the utility services needed on the premises, except that the lessor would provide (name of service provided by the lessor). The lessee shall not avoid any duty to a provider of utility services for the utility services at the said property.
- The lessee shall not keep any domestic or other animal at the said property without the lessor’s prior approval.
- The lessor shall be responsible for making payment of all taxes and charges concerning the said property, consisting but not limited to property tax and other taxes, if any, and other legal taxes charged by the regulatory authorities. In the lease agreement period, the lessor must comply with all terms, norms, regulations, and other requirements of any statutory authority, state government, central government, and other governmental divisions in connection to the said property.
- On the expiry of the lease, the lessee shall leave and submit the property in the same condition as it was at the time of the initiation of the lease, with reasonable wear and tear and damages accepted.
- It is agreed that the lessee shall not attempt to deduct or reduce any part of the security deposit from the rent of last month or any other outstanding rent payment. If the lessee fails to follow, the such deposit should be forfeited, and the rent due may be recovered by the lessor as if such an amount of deposit had not been reduced from the rent amount. For this term and condition, it shall be presumed conclusively that a lessee leaving the property while owing rent is creating an attempted deduction of deposits.
- That the lessee recognises that the lessor does not offer any type of security alarm machine or any security for the said property and that any such security service if provided, is not demonstrated to be complete in all respects or to safeguard the lessee from real harm. At this moment, the lessee releases the lessor from any charge, damages, suit, or injury assisting because of security failure.
- If any part or parts of this lease agreement shall be considered unenforceable for any reason, the remaining part of the agreement shall continue to be enforceable.
- That the lessee understands that the lessor does not provide any form of insurance coverage for the said property, and the lessor shall not be responsible for any loss of property of the lessee, whether because of fire, theft or otherwise.
- That the lease shall be regulated, construed and implemented as per the state law (name of the state law).
In witness to it, the parties have caused this lease to be executed as of the date and year mentioned.
Lessor | Lessee |
Name | Name |
Address | Address |
City and State | City and State |
Witness One | Witness Two |
Name and Address | Name and Address |
Rental Agreement – Sample format
RENTAL AGREEMENT
This Rental Agreement (“Agreement”) is made and entered into on [Date], between the Landlord, [Landlord’s Name], residing at [Landlord’s Address], and the Tenant, [Tenant’s Name], residing at [Tenant’s Address], collectively referred to as the “Parties.”
- Property Details:
- Property Address: [Property Address]
- Type of Property: [e.g., Apartment, House, Commercial Space]
- Rent Commencement Date: [Date]
- Terms of Tenancy:
- Term of Lease: The lease shall begin on [Start Date] and end on [End Date].
- Rent Payment: The monthly rent is [Rent Amount], payable on or before [Due Date] of each month.
- Security Deposit: Tenant has deposited [Security Deposit Amount] as a security deposit.
- Obligations and Responsibilities:
Landlord’s Responsibilities:
- Maintain the premises in a habitable condition.
- Handle repairs and maintenance in a reasonable timeframe.
Tenant’s Responsibilities:
- Pay rent on time.
- Maintain the property in good condition.
- Follow community rules and regulations.
- Utilities and Maintenance:
The Tenant shall be responsible for [Specify Utilities] and the Landlord shall be responsible for [Specify Utilities].
The Tenant shall keep the property clean and report any damages to the Landlord immediately.
- Termination:
If the Tenant wishes to terminate the lease, [Number of Days] days’ written notice must be given to the Landlord. The Landlord may terminate the lease in accordance with the applicable laws.
- Renewal:
Both parties may agree to renew this lease by mutual consent.
- Inspection:
The Landlord may conduct regular inspections of the property, giving reasonable notice to the Tenant.
- Legal Actions:
Any disputes or legal actions shall be governed by the laws of [Indian State] and shall be resolved in the [City/District] court.
- Signatures:
By signing this Agreement, both Parties acknowledge that they have read, understood, and agreed to all the terms and conditions herein.
Landlord:
[Landlord’s Signature]
[Landlord’s Name]
[Date]
Tenant:
[Tenant’s Signature]
[Tenant’s Name]
[Date]
This is a general template and should be customized to fit the specific details and requirements of your rental agreement. It is recommended to consult with a legal professional from Vakilsearch to ensure compliance with applicable laws and regulations in your area.
How to Execute a Valid Rental Agreement?
To execute a valid rental agreement, both the landlord and the tenant must sign the agreement. It is advisable to get the rental agreement notarized as it establishes its authenticity. The rental agreement should also include the details of the property, the financial consideration and other terms and conditions associated with the property rental transaction.
Usage of the Lease House Agreement Format
The lessor and lessee of the residential house can use the lease agreement. The lessee signs this agreement to specify the contract to the terms and conditions mentioned by the lessor. It is considered authorised, and a court may consider a lawful property document verification enforceable by law and in the case of disagreement.
Implementation of the Lease House Agreement Format
The . Usually, this agreement is signed by the lessor and lessee on payment of the deposit for the leased property. Further, two copies of this document are created, with every party keeping one of the original copies.
Documents Required for Registration of Rental Agreement
The documents required for the registration of a rental agreement may vary depending on the state and the rental period. In most states, it is compulsory to register the rent agreement irrespective of the term if the rental period is more than 11 months.
Note: It is advisable to consult a legal expert from Vakilsearch for specific information on the documents required for registering rental agreements in your state.
E-Stamping of Rental Agreement
E-stamping of rental agreements is available in some states in India. E-stamping is a computer-based application and a secure way of paying non-judicial stamp duty to the government. It eliminates the need for physical stamp paper and reduces the chances of fraud.
The e-stamp duty amount for a rental agreement on stamp paper may vary depending on the state and the rental period.
Conclusion
Lease House Agreement is one of the essential legal documents, and you can get appropriate information about the lease house agreement format from Vakilsearch. Get in touch with us today to know more.
FAQs on Rental Agreements
1. What is the stamp duty amount for a rental agreement on stamp paper?
The stamp duty amount for a rental agreement on stamp paper may vary depending on the state and the rental period. For example, in Uttar Pradesh, the stamp duty charge for a rent agreement is 4% of the annual rent + deposit, if the lease period is less than one year.
2. Is notarization required for a rental agreement?
Notarization is not mandatory for a rental agreement. However, it is advisable to get the rental agreement notarized as it establishes its authenticity. A notarized rental agreement is a rental document which is signed in front of a notary.
3. Who should retain the original copy of the rental agreement?
Both the tenant and the landlord should retain a copy of the rental agreement. The original copy can be kept by either party.
4. Is there an option for an e-lease for long-distance landlord-tenant arrangements?
There is no mandate on whether there should be an option for an e-lease for long-distance landlord-tenant arrangements. Contact legal experts from Vakilsearch for assistance.
5. Can I use a rental agreement for booking a hotel room?
No, a rental agreement cannot be used for booking a hotel room. A rental agreement is a legal document that mentions the details of the property, the financial consideration and other terms and conditions associated with the property rental transaction.
6. Why are rental agreements typically for 11 months?
Rental agreements are typically for 11 months because, in some states, including Maharashtra, Telangana, and Andhra Pradesh, it is compulsory to register the rent agreement irrespective of the rental period if the rental period is more than 11 months. Registering a rent agreement requires paying stamp duty and registration charges based on the rental amount mentioned in the document. These charges vary from state to state.
7. Is it possible to have a 3-month notice period for early termination of the rental agreement?
The notice period for early termination of the rental agreement may vary depending on the terms and conditions mentioned in the rental agreement. It is advisable to have a minimum notice period of one month.
8. Is an oral rental agreement legally valid?
An oral rental agreement is legally valid. However, it is advisable to have a written rental agreement as it serves as evidence in case of any dispute or opposition from the other party in the future.