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Rental

All You Need To Know About The Rental Advance

The Delhi High Court's recent dismissal of a petition seeking rent waivers during the COVID-19 pandemic highlights the challenges faced by both landlords and tenants.

Introduction

Renting out a house is often considered a challenging endeavor, prone to headaches if not handled with care. The intricacies of the process can lead to various issues, from finding suitable tenants to ensuring timely payments and property maintenance. 

Managing a rental property involves addressing common challenges such as the constant search for new tenants, dealing with tenants reluctant to vacate premises, delays in rent payments, and navigating issues related to rental advances and maintenance costs. These challenges can turn the process of renting into a substantial source of stress if not approached with the right strategies.

Given the understanding that renting a house demands careful handling, this article aims to explore crucial points that landlords should consider when offering their property for rent. By delving into these key aspects, individuals can better navigate the complexities of the rental process and foster a smoother and more harmonious relationship with their tenants..

Secure your space with a comprehensive rent and lease agreement. Ensure clarity, terms, and legal protection in property transactions.

Setting the Rent

The initial and crucial step in renting a house is determining the correct rent amount. Striking a balance between competitiveness and fair compensation is essential. While charging more than the market rate can discourage potential tenants, a well-maintained property with additional amenities may warrant a premium. Capital value, location, provided amenities, and demand are key factors influencing the rental rate.

Advertising the House

In the contemporary era, numerous avenues exist for advertising a property for rent. Online platforms, housing websites, and even social media provide effective ways to reach potential tenants. Traditional methods such as newspaper ads remain viable, but one of the most favored approaches is engaging a broker. Brokers offer personalized services to both landlords and tenants, saving time and effort in the process.

In fact, advertisements on online portals are mostly placed by brokers on behalf of clients. This has many benefits. A broker gives personalized services to both the landlord as well as the tenant. The broker from Vakilsearch can help you save a lot of time and effort by helping with the preparation of lease agreements and the tenant’s police verification etc.

Preparation of Lease Agreement

The rent agreement is a legal document that binds both the landlord and the tenant to mutually agreed covenants. It is the most critical document in case of a dispute arising between the two.

Therefore, extreme care should be taken while drafting this document. The agreement should provide all terms and conditions to avoid any dispute shortly. Moreover, one should take the help of a legal expert in drafting this lease agreement. 

Seeking the assistance of a legal expert is advisable during this stage. Additionally, conducting a reference check and ensuring police verification is done serves the best interests of all stakeholders.

Registering the Lease

After the preparation of the lease agreement, the next important thing that needs to be done is registering the lease. Every lease agreement exceeding a tenure of 11 months should be mandatorily registered because only in that case it can be used as evidence in the court in case of any litigation. 

According to Section 17 of the Registration Act 1908, it is mandatory to get the agreement registered only if the lease period is more than 11 months and not less than that. For the registration, stamp duty and registration fee needs to be paid.

Police Verification

Police verification is a crucial step to ensure that the background of the tenant is thoroughly checked. Neglecting this process is a punishable offense under Section 188 of the Indian Penal Code. This step mitigates the risk of renting to individuals with a criminal background. Landlords need to fill out a verification form and submit it, along with the tenant’s identity proof, to the local police station. Online availability of these forms on state police department websites streamlines the process.

Ongoing Monitoring and Compliance

Beyond the initial processes, landlords should periodically visit the rented premises to ensure compliance with rules and regulations. This active monitoring allows landlords to identify any potential violations promptly. In case of violations, landlords can demand that tenants rectify the issues or vacate the premises. If the tenant refuses to vacate, landlords can approach the appropriate authority overseeing disputes related to rental advances, armed with all necessary documentation.

Conclusion

Renting a house involves a series of steps that go beyond merely finding a tenant. From setting the right rent to ensuring legal compliance, each stage demands careful attention to detail. This comprehensive guide emphasizes the importance of determining the correct rent amount, leveraging effective advertising strategies, drafting meticulous lease agreements, and conducting essential verifications. 

Registering the lease and ongoing monitoring further contribute to a successful and compliant landlord-tenant relationship. By adhering to these key principles, landlords can navigate the complexities of the rental process with confidence and clarity.

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