Rent or Lease Agreement

It grants the tenant exclusive possession of immovable property. Eviction cannot be carried out easily and requires a written notice served one or two months in advance. Earlier governed by the Rent Control Act, 1948, tenancy matters are now regulated by state-specific laws, such as the West Bengal Premises Tenancy Act, 1999 in West Bengal.

The tenancy is not revocable at the will of the landlord.

It establishes heritable rights for both the landlord and the tenant.

It grants the tenant legal property rights over the premises.

The tenancy is transferable to successors, legal heirs, or assigns, making its termination complex and not straightforward.

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What is Rent Agreement in India

A rent agreement is a legally binding document that outlines the mutually agreed-upon terms and conditions between a landowner and a tenant. It is commonly signed for a duration of 11 months, which helps avoid registration under certain rent control laws. Creating a rent agreement is essential when renting land, houses, apartments, or commercial spaces, as it formalizes the arrangement and protects the rights of both parties.

What to Include in a Rent Agreement:

  • Full name and address of the landlord and tenants

  • Details of security deposit and monthly rent

  • Charges related to electricity, water, and other maintenance services

  • Responsibility for repairs, renovations, and property damage

  • Defined roles and responsibilities of both landlord and tenant

  • Terms regarding extension or termination of the agreement

  • Any other specific clauses or conditions, if applicable

Types of Rent Agreements:

  1. Residential Rent Agreement – For personal or family accommodation

  2. Commercial Rent Agreement – For business or office space use