Important sections to cover in your rental agreement

Renting is one of the sources of income for landlord and a solution for people who shifted to new location or family who don’t have enough money to owe an own house. Earlier tenants were exploited by landlords and in some case landlords are in trouble by providing their property to tenants who make nuisance or mess in building.



Rental agreement is agreement or mutual understanding between tenant and landlord on the terms and condition for lending a property for rent. In a rental agreement landlord will explain terms and conditions and prepare a written document where tenant and landlord will sign and a copy of the same will be handover to tenant. Making agreement in written is good for future purpose and if any change in condition it will be informed with prior notice of 30 days.

Important sections to cover in rental agreements

Rental agreements need to be written in a stamp paper and signed by tenant and landlords. Here are some common agreements or conditions that need to be included in an agreement for keeping property in good condition and make prompt pay of monthly rents.

  • List of things: List of things is facilities or appliance provided by a landlord to tenants along with property for rent. Things include appliances like number of fan, geyser, light fittings and so on. These things cannot be taken with them by tenant when leaving property.
  • Due date: The date for paying each month’s rent and the date when it is considered as late payment. If there is any charge for late payment and time to take action when continues default.
  • Right to enter: The date or time from which property is let to rent. Tenant need to inform prior to landlord from when he starts using the property or building.
  • Garbage: Need to specify orally or in written where to keep garbage for collection by garbage collector and how to dispose garbage. The improper dispose of garbage creates problem for fellow tenants and for it become health problem
  • Policies: Policies regarding parking vehicle and whether pets are allowed in the premises or not. These have to be clearly mentioned in rental agreement than become problem in future.
  • Notice period: Tenant should give at least one month notice prior to leaving and demanding for deposit. Landlord must ask a reasonable time for giving back deposit.
  • Restoration: Conditions which need to restore the dwelling place or building. It includes repairs and paintings, plumbing if required and so on.

A landlord should ask identity of person who are using the property. Remember not to give your property or building for people who have criminal background or do not allow continuing if you doubt on their action or if they involved in some anti-social activities.




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84 Responses to “Important sections to cover in your rental agreement”

  1. Good post.. Do you have a sample agreement copy?

  2. vasu says:

    Hi,
    could you tell me
    1. who can do this process.
    2. who will do it pune. could reffer me some one who does this

    Regards,
    vasu

  3. Rakesh says:

    Hi Vasu,

    Usually rental agreement is prepared by landlord. You can visit your notary public for making rental agreement. You will have to tell list of things such as number of fans, lights, whether geyser is available, deposit and monthly rent etc.

    You can seek your local Realtor service for getting the process done.

    Thank you.

  4. rajeshsuthar says:

    Balaji constructions Ahmedabad,
    I want to purchase new under construction 3BHK flat 2nd,3rd or 4th Floor in chandkheda-new cg road pl give information to me… Thanks.
    -Rajesh

  5. satya says:

    Hi

    Thanks for providing valuable information on renting out a property. Please send me a draft copy of rental agreement for letting out my residential flat at Hyderabad. Also please inform the logic involved in entering agreement for a period of 11 months instead of one year or so.

    Regards

    Satya

  6. bharat says:

    good informative post…
    thanks

    regards………..

  7. vikas says:

    Hi, Rquest could you please let me know as to:
    1. What all documents are required to purchase land in pune in a Resale land.
    2. What is the registration and value of stamp duty.

  8. geetu says:

    Hi i am looking for two bed room appartment with wardrobes if woodwork is alos done well n good , I am residing at shreerams at present kindly help if flats for rent in ur appartment are available.

    Thanks nd regards

  9. Prakash G says:

    hi….

    nice posting and informative too

  10. Prakash G says:

    Can we get few information like:

    availablity of rental flats 1/2/3 at Treasure Pune

    Terms

  11. dev says:

    Hi it was very good article.
    I like it so much.
    You make quite completely perfect guideline about rental agreement.
    And you provide quite excellent knowledge of how to make a rrental agreement with the owner.
    It’s quite great sources.
    Please continue more good article.
    All the best.

  12. SWETA says:

    can someone get me a rental renewal document?

  13. Sukumar says:

    If any one need rental agreement for applying HRA means contact me to ssukumarmca@gmail.com…. I’ll help u in getting it as soon as possible…..

  14. sunil says:

    can the agreement for TENANT be in Husband and Wife boths name. Can someone reply quickly
    thanks-Sunil

  15. Divya says:

    Hi,
    I just relocated to mumbai and rented out a flat. the rent agreement has been signed btween me and the landlord but I havent got the notary or registration done yet. How important is it while vacating the house? will i get my deposit money back if its not registered?
    whats the procedure for notary and registration?pls help
    regards
    Divya

  16. Budavarthi Venu says:

    Please let me know what is the policy for at the time of vacating the house on painting charges to be reimbursed to Land Lord from the tenant

    • P.S.Chandrasekhar says:

      Normally periodical (say once in two years or so, as agreed to between parties) painting of the property is the obligation on the part of the landlord to maintain his property well. It is open to the tenant also to get his occupied portion painted often on his own for specific reasons, at his own cost. The question of reimbursement of painting charges does not arise at all, unless there is some such agreement between the landlord and the tenant.

      • Swati says:

        Nowadays in Bangalore the owners try to shift the painting of the premises on to the tenants even if the premises is vacated in a good conditions without any damages. Is there any law which can stop such thing from happening or where such things can be reported so that the owner doesnot take undue advantage of the security deposit that is given to them at the time of occupying the rental flat?

        • Prof Dhandapani says:

          you make up only your own face to look attractive and not anybody else’s. Similarly the house owner himself must paint his house though it has been dirty due to usage and wear and tear. If he wants you to paint it, ask him if you can make up him or his wife?

          • Loosedandapani says:

            Loosu Danadapani,
            If u do a loo, will not clean or will you wait for some one to clean?. Similarly if when the house is given in a clean condition with painted newly, it is responsibility of tenant to return clean including painting. You are in house and u need to clean or u asking ur wife to clean ur loo.

          • Swati says:

            Stop passing stupid comments. use your brains. Read first before opening your dirty mouth.
            The ownership of the house doesnot shift on the tenant just becoz he is occupying the flat. The rent is paint of the occupany of the flat and you receive rent for it, its not given on charity .
            Owners like you are beggars who try to take advantage of the situation and try to shift their cost onto someone else. I understand taking damage charges if there are any intentional damage done but painting can detoriate over a period of time.

          • CB says:

            Hello,

            I am in chandigarh staying in a rented house since 1.8 years. My house. My house owner has said upfront that you are not going to get the entire deposit amount back and she will deduct the cleaning and painting charges – although i get my house cleaned every day. Can anyone suggest me where do i complain if she does not return me my entire deposit amount …
            - CB

          • Prof Dhandapani says:

            his is a forum for healthy suggestions and fruitful solutions. But yet I think I am not doing anything illegal if I suggest something uncmmon in order to protect a tenant from the greediness of a landlady. If you have entered upon a rental agreements only the things contained there will hold good for ever and in any court of law. In case, you have not executed any deed, you have to tackle her somehow or the other. Though she cannnot sue you for cleaning services, people will support her because she happens to eb a woman. So you can tell a lie making others believe that you have paid a deposit of Rs.10000 instead of 5000 which you may actually have paid. I mean you should double the amount and make every one believe that you are true. Will / can you do it?

          • Rakesh Hp says:

            Normally in rental agreement a tenant has to pay security deposit which will be given back by landlord when they vacate. If there is any rent due…such will be deducted from deposit and one month rent is also deducted as painting charge. other than these there is no practice of deducting higher charge. The painting charge will be in your rental agreement which cannot be more than one month’s rent. Therefore if you have paid all you rent up to date only this month rent and painting charge can be deducted from security deposit.

            Thank you
            Regards
            Rakesh HP

          • Dkwffew says:

            There is no such law regarding paint of the house.

          • Prof Dhandapani says:

            This is a place for healthy discussions and meaningful solutions. Using a filthy language with your broken English is not befitting this site. You must know that you receive the rent not only for someone’s occupation but also as compensation for the wear and tear of the house including painting and repairing. I am a house owner my self and I am very sympathetic to all my tenants who are lucky enough to possess a home in a few years of occupying my house. You can check the veracity of my statement – No G2, Ramani Flats, Sabari Street, Chitlapakkam, Chennai66.

  17. sridhar says:

    May i know the value for the stamp paper for rental agreement at madipakkam for Rs 8500/- as rent.

    kindly send your response.

    Excellent idea about the deed but not mentioned the value of stamp paper

    • P.S.Chandrasekhar says:

      A Non-Judicial Stamp Paper of Rs.20/- value is sufficient in your case. This apart, it should be noted that in case of leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, the Agreement concerned requires compulsory registration as per Section 17 of the Registration Act, 1908.

  18. Shiva says:

    I currently have a house in Bommanahalli (i think under BBMP jurisdiction).
    1> I want to construct first floor now
    2> Leave the ground floor for Rent for commercial purposes.
    I want to know the approval process to be followed in this regard. Pls help.

  19. Amjad Baig says:

    Excellent piece of information.

    Can anyone provide a list of documents to be submitted to the society office by the owner of the flat, the person taking it on rent and the estate agent?

    Thanks,
    /-\lvlj/-\l)
    riviera-chs@in.com

  20. padam says:

    I am paying 10000/- per month as rent for a flat in Hyderabad.
    How much stamp value shall i use for rental agreement?

    I know its the owner responsibility to prepare the rental agreement but i only want to initiate this:

    I also wants some thing to be mentioned in the agreement that the owner is not going to ask me to vacate for at least 1 year, How this can be covered in the agreement.

    thanks
    Padam

  21. Pooja says:

    Hi All

    Request you to pls. let me know about the maintance related in Law.
    I am staying in Rented house and every month they come with mainatance charges of water tank and requested for money . I told this asset belong to Landlord and he is responsible for the same, but they are agree on the same. I am new person in Bangalore , so I don’t wanna take any risk for me.
    So Any one can guide me for the same.
    Thanks
    Pooja

  22. Sahya says:

    Hi,

    Can anybody suggest if there are rental agencies in Hyderabad. We require an agency to talk to the tenants, undertake any small repairs, check if they are depositing the rent on time and maintaining the premises properly without causing any damages to the property. Further, if any body in the premises would like to vacate, the agency should look into all the formalities and look for a new tenant and the process continues. This is for our residential properties in Hyderabad, which we are finding it difficult to spare time for this kind of work due to our busy schedule. My email is sahara9_14@yahoo.co.in Kindly advise me on this asap.

  23. Sunny says:

    We had no formal written rental agreement but email/bank proofs of deposit and rent transactions (with the purpose on each transaction). My owner is not repaying my deposit back as claims that some furniture is missing from the house, without indicating which item is missing. He is purposefully delaying repayment. Though I have emails from him acknowledging deposit and rent payments, can I go to court to recover my deposit amount ? There are hell lot of landlords cheating tenants like this. Can someone suggest me what to do to recover my deposit amount ?

    • Prof Dhandapani says:

      For missing articles, he must show proof of such things being there already. If he has proofs, he must first go the police and get an FIR to pass the blame on you. If he fails in both, you must first sue him.

  24. sarat says:

    I am paying 12000/- per month as rent for a flat in Bangalore.
    How much stamp value shall i use for rental agreement.

    • vignesh LLB says:

      20/- stamp paper is enough. what matters most is the terms and conditions which you include in the agreement.

      • Thrups says:

        well to add to what Vignesh is saying with regard to the terms and conditions in the agreement

        Rent in Bangalore has become a big business forum, so we tenants should put our foot down and maintain a standard annual increase in Rent.
        Normally it has to be 5% every year or 10% every two years for Residential properties and 10% for Commercial Property. Please be sure of discussing this before you move into a place and making yourself clear.
        Always sign the agreement or atleast review the final draft of the agreement before you move into the house that way the owner cannot make any changes and he will not cheat you.
        This is especilally for People who are settling here from outside bangalore. We know that u can afford to pay what the owners ask, But please dont make it difficult on the local people to live here as they are the ones who will have to bare the brunt in the future.
        I Request all tenants to NOT pay more than 5% annual Rental increase anywhere in Bangalore. This is the normal annual increase that is usually followed all around Bangalore, Whether you are IT or NON-IT.

        • My agreement says 5% increase in rent every year. I’ve staying in this place for 2 years now. Last year (2010), as according to agreement,  started paying 5% more. But come this year (2011), and he is asking me to pay 25% more (several excuses like inflation, property tax and EMI etc). Would I have to agree to whatever he says? If I don’t he would give me a 1 month notice to find another apartment. Do I have a choice here? Whats the us of agreement then? That 5% clause is going down the hole.

  25. Cheraz Bharucha says:

    I am renting out a property for commercial use for which I am going to pay a rental of Rs 10,000/- per month. The agreement is for a lease period of 10 years. I want to get the agreement registered. What the the method to calculate the registration fees?

    Thanks

  26. sethuram says:

    dear sir/madam

    IN case of commercial rent agreement who will pay property tax

  27. I wanna find more info about this, anybody could?

  28. blrtenant says:

    In Bangalore, owners are trying to recover the painting charges from the tenants while vacating the flat even if no damages are done and normal wear and tear is expected. What is the law around this and how can we curb such practises and protect the rights of the tenants? thank you

  29. Govindarajan98 says:

    i live in chennai, while renting out my daughters flat in bangalore ,can i use 20rupee non judicial stam paper for rental lease deed or does it to be bought only in bangalore

  30. Ztaniya says:

    I have entered into an agreement to rent a 1bhk flat in Mumbai with another person for a period of 11months.If the other person decides to leave in advance giving away a notice 1month in advance as per the LL agreement,will I liable to pay the rent for the remaining months on my own till 11 months period is completed ?

  31. Prakash Panchal says:

    I rented a house in bangalore 2months back. My wife has got a job around 20kms from where we stay, so finding it hard to travel. We gave 1 months notice to the owner, but she dis-agreed and said that we have to atleast stay there for 6months only after that we can leave. She says in bangalore you cannot leave the house in just 2 months. Is there a law of such kind. And suggesstions will be really helpful?

  32. Kasudhir1 says:

    Dear sir,
    I am paying 5000/- per month as rent for a flat in pune.
    How much stamp value shall i use for rental agreement.

  33. Rental agreement is agreement or mutual understanding between tenant and
    landlord on the terms and condition for lending a property for rent. That is why a nice negotiation is important,

  34. Serra says:

    Hi How can a tenant who has taked a appartment on rent in Bangalore, sublet the appartment to new tenant, in that case what legal proof will the new tenant have??

  35. blrrenter says:

    In Bangalore, who is typically responsible for the painting charges after a tenant has vacated the apartment?  Is it the landlord or is it the tenant?

    Thanks

  36. Sc Murali says:

    Hi, my self Murali from Bangalore, I have a rental room in Kormangala, i actually rented to a guy by name Abhinav Sharma who was from Lucknow as on 21/06/2011, he had payed 1000 rs as a token advance and promissed to pay  remaining deposit of 20,000 rs in another 15 days,  later on he went back to his native putting all his stuf in the room, after 2months he returned and promissed me he is going to pay the rent of 5000 x2 10000 which he had to pay legally and remaining deposit, in the same day he ran away with all the stuf without intimating the owner and refused to pay rent  of actual 2months, so what should i do, i know police will bribe  for such things if i go to them, i need a llegal help and see to that i receive the money what should be received by the tenant, kindly contact me on 9448974515

  37. Sc Murali says:

    Hi, my self Murali from Bangalore, I have a rental room in Kormangala, i actually rented to a guy by name Abhinav Sharma who was from Lucknow as on 21/06/2011, he had payed 1000 rs as a token advance and promised to pay  remaining deposit of 20,000 rs in another 15 days,  later on he went back to his native putting all his stuff in the room, after 2months he returned and promised me he is going to pay the rent of 5000 x2 10000 which he had to pay legally and remaining deposit, in the same day he ran away with all the stuff without intimating the owner and refused to pay rent  of actual 2months, so what should i do, i know police will bribe  for such things if i go to them, i need a legal help and see to that i receive the money what should be received by the tenant, kindly contact me on 9448974515

    • rakesh.hp says:

      Hi Murali,

      Majority of owners will not give the key to tenants if he pays only token amount and they will only allow tenant belongings to their premises till rental agreement is made and deposit is paid. You should have asked atleast 2 months rent before giving his belongings. Only thing you can do is just file an FIR and seek legal expert opinion. But this won’t see much benefit for you.

      Regards
      Rakesh

  38. Ecargranilom says:

    could someone help me? i am currently renting a bed together with my 3 friends, so totally we are four in a room. the whole flat has a 3 rooms( but im not sure if the small room is just a stockroom). the plan of the owner is to have 4 persons in 2 rooms, and the small room for 2… is it legal to have total of 10 persons living in flat? the place is not spacious. she has only 1 toilet and bathroom for the entire flat. the small room had a couple living but she rudely let them out just stayed for 1 month. and then one day the owner brought five people in a room( they all together). we were so shocked about the number of people sleeping in the other room, we jusst bother for our safety. i need seek advice or help for anybody please!!!

  39. Anonymous says:

    In commercial rent agreement, who should pay the property tax?

    Thanks. :)

  40. Bhupinder_s83 says:

    how much i should pay as painting charges maximum

  41. its an advantage for the landlords if the tenants are always delay for their rentals how can they maintain the apartments

  42. Seo India says:

    is it negotiable??? 

  43. Hi, 

    Its very interesting and valuable article guys for me. 

  44. Using free forms is not only an affordable way to get your forms but it is also hassle free and easy for the person who needs them. The problem arises when a form is one that is considered a legal document in a court of law and yet is not complete. This can happen when one states law is different from another, this results in a generic form that may need some editing. This is especially true of your free residential lease agreement forms.

  45. Yes, i totally believe in what you said here. This is an indeed post post i must say and great read for me. Hope to see more article. Thanks.

  46. the landlords and the renters will both benefit this agreement the renters is oblige to the agreement likewise to the landlords 

  47. its really a burden to rent an apartment which had a high rental especially if your have a low salary you will find hard to rent

  48. Suhasini says:

    HI.. Can you please advise if I can sign a lease agreement for a flat for 12 months instead of 11 months ?

    My landlord has requested me to get the rent agreement done , but i dont know where to go and how to do it ?

    I am in mumbai. please help

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