Online Rental Agreement Format

Learn how a rental agreement can help as an address proof and resolve conflicts between the tenant and the owner in the future. Know how to draft one and the important clauses.

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Rental Agreement - An Overview

A rental agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of a tenancy. It is important to have a rental agreement in place to protect the rights of both parties.

A rental agreement should typically include the following information:

The names and contact information of the landlord and tenant

The address and description of the rental property

The rental term (e.g., month-to-month, one-year lease, etc.)

The amount of rent and how it is to be paid (e.g., monthly, quarterly, etc.)

Any late fees or other penalties

The security deposit amount and how it will be returned

The responsibilities of the landlord and tenant (e.g., who is responsible for repairs, utilities, etc.)

The termination policy

In addition to these basic terms, a rental agreement may also include other provisions, such as:

Pet policy

Guest policy

Parking

Use of common areas

Subletting

Alterations to the property

Right of entry by the landlord

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Contents of a Rental Agreement

The following are the contents of a rental agreement:

Parties to the agreement: The names and contact information of the landlord and tenant.

Property description: The address, legal description, and condition of the rental property.

Rental term: The start and end dates of the tenancy.

Rent amount and payment terms: The amount of rent, how often it is due, and how it is to be paid.

Security deposit: The amount of the security deposit and how it will be returned.

Utilities: Which utilities are included in the rent and which are the tenant's responsibility.

Repairs and maintenance: Which party is responsible for repairs and maintenance.

Right of entry: The landlord's right to enter the property for certain purposes (e.g., inspections, repairs).

Use of the property: The permissible use of the property by the tenant.

Pets: Whether or not pets are allowed and any restrictions on pets.

Guests: The tenant's right to have guests and any restrictions on guests.

Subletting: Whether or not the tenant is allowed to sublet the property and any restrictions on subletting.

Termination: The conditions under which either party can terminate the agreement early.

Parking: Whether or not the tenant has parking and, if so, how many spaces.

Laundry facilities: Whether or not the tenant has access to laundry facilities and, if so, how much it costs to use them.

Storage: Whether or not the tenant has access to storage space and, if so, how much it costs to use it.

Air conditioning: Whether or not the property has air conditioning and, if so, who is responsible for paying for it.

Smoking: Whether or not smoking is allowed on the property.

Changes to the property: Whether or not the tenant is allowed to make changes to the property and, if so, what kind of changes are allowed.

Sample of Rental Agreement

RESIDENTIAL RENTAL AGREEMENT

This Rental Agreement (hereinafter referred to as the 'Agreement') is made and entered into as of the [DATE] by and between:

LANDLORD: [Landlord's Name] [Landlord's Address] [Landlord's Contact Information]

TENANT: [Tenant's Name] [Tenant's Address] [Tenant's Contact Information]

PROPERTY: [Property Address] [Property Description]

1. TERM

The term of this Agreement shall commence on the [START DATE] and shall continue on a month-to-month basis until terminated by either party in writing upon [NOTICE PERIOD] days' notice.

2. RENT

The Tenant agrees to pay to the Landlord a monthly rent of INR [RENT AMOUNT] (Indian Rupees [RENT AMOUNT]) in advance on the first day of each month during the term of this Agreement. Rent payments shall be made in cash or deposited directly into the Landlord's bank account at [BANK NAME] (Account Number: [ACCOUNT NUMBER]).

3. SECURITY DEPOSIT

The Tenant has deposited with the Landlord a security deposit of INR [SECURITY DEPOSIT AMOUNT] (Indian Rupees [SECURITY DEPOSIT AMOUNT]) upon signing this Agreement. The security deposit shall be returned to the Tenant within [NUMBER] days after the termination of this Agreement, less any amounts due to the Landlord for unpaid rent, damages to the Property, or other charges as permitted by law.

4. UTILITIES

The Tenant shall be responsible for the payment of all utilities and services used in connection with the Property, including but not limited to electricity, water, gas, and internet.

5. MAINTENANCE AND REPAIRS

The Landlord shall be responsible for all major repairs and maintenance to the Property. The Tenant shall be responsible for routine maintenance and minor repairs.

6. RIGHT OF ENTRY

The Landlord shall have the right to enter the Property at reasonable times and upon reasonable notice to the Tenant for the purpose of inspecting the Property, making repairs, or showing the Property to prospective tenants or buyers.

7. USE OF PROPERTY

The Tenant shall use the Property for residential purposes only and shall not use the Property for any commercial or business purposes. The Tenant shall not sublet or assign this Agreement without the prior written consent of the Landlord.

8. TERMINATION

Either party may terminate this Agreement at any time by providing written notice to the other party upon [NOTICE PERIOD] days' notice. The Landlord may also terminate this Agreement immediately if the Tenant fails to pay rent or otherwise breaches the terms of this Agreement.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of India.

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

11. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

12. WAIVER

No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

13. NOTICES

All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Landlord: [Landlord's Name] [Landlord's Address]

If to Tenant: [Tenant's Name] [Tenant's Address]

or to such other address as either party may designate in writing from time to time.

14. HEADINGS

The headings in this Agreement are for convenience only and shall not affect its interpretation.

15. COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

LANDLORD: [Landlord's Signature]

TENANT: [Tenant's Signature]

WITNESS: [Witness's Signature]

Steps to Execute a Valid Rental Agreement

Identify the parties

The first step is to identify the parties involved in the rental agreement, namely the landlord and the tenant. The names and addresses of both parties must be clearly mentioned in the agreement.

Describe the property

The next step is to describe the property that is being rented. This includes the address of the property, the type of property (e.g., apartment, house, villa, etc.), and the square footage.

Specify the rental terms

The rental agreement must clearly specify the rental terms, including the start date of the tenancy, the end date of the tenancy, the monthly rent amount, and the mode of rent payment.

Mention the security deposit

The security deposit amount must be clearly mentioned in the agreement, along with the terms and conditions for its refund.

List the responsibilities of the landlord and tenant

The rental agreement must clearly list the responsibilities of the landlord and the tenant, such as who is responsible for repairs and maintenance, who is responsible for paying utilities, and who has the right to enter the premises.

Include a termination clause

The rental agreement must include a termination clause that specifies the conditions under which either party can terminate the agreement early.

Get the agreement signed by both parties

Once the rental agreement has been drafted, it must be signed by both the landlord and the tenant. It is advisable to have the agreement signed in duplicate, so that each party has a copy for their records.

Documents Required for Registration of Rental Agreement

The following documents are required for registration of a rental agreement in India:

Original rental agreement: The original rental agreement must be signed by both the landlord and the tenant.

Proof of identity of the landlord and tenant: The landlord and tenant must provide proof of their identity, such as a passport, Aadhaar card, or voter ID card.

Proof of address of the landlord and tenant: The landlord and tenant must provide proof of their address, such as a utility bill, bank statement, or lease agreement.

Two passport-size photographs of the landlord and tenant: The landlord and tenant must provide two passport-size photographs each.

Payment of registration fee: The landlord or tenant must pay the registration fee, which is typically a percentage of the monthly rent.

In some cases, additional documents may be required, such as:

Power of attorney: If the landlord or tenant is not able to be present at the registration office, they can authorize a representative to act on their behalf by providing a power of attorney.

No objection certificate (NOC): If the property is mortgaged, the landlord may need to provide an NOC from the bank.

It is advisable to check with the local sub-registrar's office for the specific documents required in your jurisdiction.

Why Vakilsearch ?

The rental agreement outlines a simple way for you to evict them as well as their obligations if they don't depart on their own. Vakilsearch's major goal is to make all governmental procedures simple and hassle-free for the general people. Make sure to call our specialists if you have any questions about rental agreements. You'll receive detailed instructions on how to obtain a leasing agreement from our team of legal professionals. Take a slot right immediately and get all of your questions answered.

Frequently Asked Questions (FAQs)

What is the stamp duty to be paid on the stamp paper?

To be legally binding, the rental agreement must be printed on stamp paper with the correct stamp value in accordance with the applicable State's Stamp Act.

Does the lease need to be notarised?

No. The rental agreement need not be notarised in India. The rental agreement's lawful standing and parties' obligations are inaugurated by its registration alone.

Who keeps the first lease contract?

The actual copy of the lease is maintained by the property's landlord. However, it is preferable if the renter also receives a copy of the rental agreement because it facilitates the tenant to study the clauses of the agreement in the circumstance of a conflict.

Why is a rental agreement usually executed only for 11 months?

It is not essential to register a lease that is just for 11 months or less. Simply by having the signatures of the landlord, tenant, and witnesses on stamp paper, the rental agreement is valid and binding between the parties. To bypass the registration process, rental agreements are initially made for 11 months and then extended for an additional 11 months.

Can the three-month notice period be used to terminate the rental agreement early?

Yes, often, a one to three month notice period is required to terminate a rental agreement. The renter may leave or be asked to leave after the period of the rental agreement expires if any party decides to end it. the duration of the notice of termination. However, it is important to provide the termination notice for leaving the property before the rental agreement expires. When leaving the property on the date the agreement expires, there is no need to give a termination notice.