New Delhi, being the thriving proud capital city of India is the center of the most important Government buildings, the Parliament, etc. Delhi is also famous for its rich past and its share of historical monuments like India Gate, Qutub Minar etc. That combined with the pleasant climate and the buzz of activity, makes Delhi a popular place to move to for job opportunities, leading to tons of people migrating to this enchanting city of Delhi in search of jobs and better opportunities. And this ultimately led to huge demand for rental properties in turn for rental agreements in Delhi.
Rent Agreement is nothing but a mutual agreement between the landlord and the tenant which lays down the details such as the duration, the rental amount, terms and conditions and responsibilities of both landlord and the tenant. Having a rent agreement in place can save time and trouble for both landlord and the tenant. In case of a landlord, the agreement ensures that the rent is being paid on time and the property is being maintained by the tenant, for the tenant, it ensures that the landlord does not change the terms of the rent according to his/her will or ask you to vacate the property.
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To draft the rental agreement in Delhi, you need to do the following
The Registration Act, 1908, maintains that, among the documents that require compulsory registration, “leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent” as one. Hence, if the duration of your Lease Agreement exceeds or is 12 months, the registration of the Lease deed/Rental Agreement becomes imperative.
For the purpose of registration of a Rental Agreement after the draft is printed on a Stamp Paper of respective denomination, the document shall be presented for registration in the Sub-Registrar Office situated within the sub-district of the location of the immovable property.
At the time of Execution of a Rental Agreement in Delhi, both the parties, the Tenant and the Landlord, along with two witnesses have to be present. If not, only that person authorized to do so through a Power of Attorney is counted as a permissible presence during the attestation of Rental Agreement. Registration by any other person or agent is prohibited. The stipulated Registration fee is to be paid through a bank pay order – Cheque or Demand Draft. Sub-Registrar Offices in Delhi from the following areas like Sub Registrar IV Seelampur, Sub Registrar IV a Shahdara/Seemapuri, Office of Deputy Commissioner – North East, Nand Nagri.
At the time of registration, if you should come across any officer appointed by the government misusing the resources at his/her disposal or is the cause of an injury to the applicant, you can always report the same to the court. Under the Registration Act of 1908, the suggested breached of law can be held and put to prison up to 7 years.
Getting all these procedures done in a big city like Delhi is a tiresome, energy and time-consuming task, just to ease this process, NotaryKart has commenced their amicable online rental services in Delhi. Just log on to www.notarykart.com and make your rental agreement online in Delhi and get it home delivered within 2-3 working days.
For the purpose of Registration of a rental agreement in Delhi, the following documents are to be enclosed along with the document in order for it to be attested –
Delhi is home to some of the most popular residential areas like Mayur Vihar, Dwarka, Chanakya Puri, Noida, Civil Lines etc. so rented houses are very much in demand. Remember that before creating the rental agreement online in Delhi, it is very important to include some vital clauses in the agreement. Some important clauses that should be included in the rental or lease deed are given below:
Finding a proper place to rent in a big city like Delhi is a tiresome, energy and time-consuming task. In Delhi, the rent and lease are controlled by The Delhi Rent Control Act, 1958. Before taking the house or flat on rent make sure of these following details below:
The flat rental agreement is used when someone wishes to rent out a single unit in an apartment complex, not the whole property. Such rental agreements have to be drafted with care, with clauses for access rights to common amenities and the rules of the residents association.
A house rental agreement, a well-drafted one at that, should be in place before any house rental commence.
Any individual, business owner or company wishing to take up a property to use as an office can make use of a commercial office lease can rent them using this type of rental agreement in Delhi
Room agreement is much like the conventional rental agreement, but it has slight differences as some facts are different as the landlord only rents a room in the property.
Commercial shop agreement will be signed between the owner of the business and the landlord
Yes, highly recommended to draft a rent agreement before renting out. Failure to have a rent agreement signed by both the parties will lead to legal inefficiencies in the case of a dispute between the landlord and the tenant.
Stamp duty is a tax, similar to income tax, collected by the government... Delay in the payment of stamp duty leads to penalty charges. A stamp duty paid instrument/document is considered a proper and legal instrument/document and has evidentiary value and is admitted as evidence in courts. A rental agreement draft should be printed on a stamp paper of a suitable stamp value according to the Stamp Act of each State to make it legally valid.
It is a convention that is being followed by landowners to seal rental/lease agreements only for 11 months so as to avoid registration of the agreement with the local competent authorities. Earlier rental agreements were required to be registered only if the tenure was more than 11 months but now according to the new Rental Control Act, it is mandatory to register a rental agreement in order to make it valid. Hence, a landlord is under an obligation to get the rent agreement registered for 11 months only.
A landlord can't visit the property without the permission of the tenant. With prior notice, inspection of the property by the landlord is allowed. It is essential to include this clause in the rental agreement. A landlord needs to give a prior notice to the tenant before visiting.
Yes, these charges are generally incurred for the maintenance of common facilities like clubhouse, swimming pool, etc. that are provided by the apartment.
Usually, it is 1 to 2 months.
The tenant is not permitted to make any modifications to the structure without the prior approval of the landlord.
No, it's not mandatory to notarize a rent agreement in Delhi.
Not compulsory, since even if the deed is notarized, you still need to register it.