In this time of modernisation, the life of city, has accessibility of easy facilities and opportunities, which attracts the youth of the society. The reason behind attractions is to achieve their dreams and to be independent. Many individuals go out and move to another city just to win an occupation, since they are out of their home town they have to stay in Hostels, PG’s or leased house.
Generally, one favours to have a leased house so as to lives independently. Prior to occupying any premise on lease, one has to enter into a residential lease deed to bring the terms and conditions black and white. Mutual understanding should be made between the Lessor and Lessee. Few conditions/terms of the deed should be settled upon by the both the Parties at the underlying stage to keep away the future negative debates. Consequently, the possession of the leased house, whenever gained, by methods for rent deed or rent agreement with defined terms and conditions will make life simple. Prior to going to the significant provisions of the residential rent agreement, let us initially understand what it actually means. The word Lease Deed comprises of two words: Lease and Deed.
Lease: As per Section 105 of Transfer of Property Act, 1882, “Lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.”
In this way, Lease transaction includes three significant terms:
The transferor is known as the Lessor or Owner,
- The transferee is known as the Lessee or Tenant;
- The cost is called the premium, and the cash, offer, administration or other things to be rendered is known as the Rent.
Deed: A deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property.
In this way, Residential Lease deed is a lawful instrument through which right of residency arrangement in a property is moved from Lessor to Lessee for a predetermined time and on common standing and conditions.
One should know the significant conditions which should be embedded in the residential lease deed. The provisions to be mentioned in the residential lease deed are:
- Date and place of execution: The rent agreement of lease should make reference to the date and place of execution. Date is most essential to check the legitimacy under the Limitation Act. Any legitimate activity can be started just if the lawful activity embraced against the unlawful activities or breach of terms of the contract is not time barred. Further, if place is referred, it turns out to be very easy to ascertain the place where stamp duty with respect to lease deed shall be payable.
- Details of Parties: Details of each party, for example, name, father’s name, age and address is to be referenced in the residential tenant agreement to understand the recognizable proof of the Parties in question. In the event that more than one party is the owner of the premises and involved, at that point it is smarter to determine subtleties of all the individuals, in order to include and bound them straightforwardly with the conditions of lease deed.
- Details of Property: The rent agreement should plainly specify the details of the property to be rented out. The details are such as size of the premises, area where it is arranged and its encompassing territory and so forth to be expressed explicitly for simple recognizable proof of the premises to be rented out.
- Term and Lock in period: The Lease Deed should likewise determine the term for which it has been entered upon. Once in a while, Lock in proviso should be embedded in the Lease deed in order to secure the financial enthusiasm of the Party. In the event that, the Lessee leaves the premises before lock in period, he needs to pay the lease rent for the unexpired period. Further, in the event of term of lease deed is over a year then the lease understanding needs to be registered before sub-registrar mandatorily.
- Consideration: The amount of consideration be involved in the residential lease deed, be expressed obviously in the deed. Following nature of clauses can be inserted in the consideration:
Security Deposit: The amount of security deposit, if any, ought to be explicitly referenced in the house rent understanding. Also will the same shall carry any interest or not to be embedded. Further, the terms of refund or adjustment of security amount at the hour of end/prompt crossing out of the deed ought to likewise be expressed.
Use of premises: The house tenant agreement should make reference to that the reason for letting out the premises is for private and residential utilization purpose only. Occupant will be considered responsible if the same is utilized for any reason other than for private use/ dwelling residential use.
Subletting: The house rental deed should make reference to whether the subletting right is accessible by the lessee or not. This provision ensures and protects interest of the Lessor and without his authorization Lessee can’t sub let the premises.
Electricity, water bill, Maintenance expenses: The tenant contract should determine the terms of installation of service bill and support bills for example whether this electricity bill or maintenance bills to be paid addition to the rental consideration or inclusive one. In the event that the sum is charged independently, at that point lessor ought to guarantee that all bills due/in question preceding the date of execution of the deed are properly paid/settled. After the execution of house lease deed, it is the obligation of the Lessee to make time to time payment.
Repairs and maintenance charges: The residential rent deed should likewise express that who will bear the costs for fixes and basic changes. If there should arise a need for day to day repair and maintenance in the property, at that point, same shall be borne by the Lessee. Be that as it may, major repair and maintenance in the property will be conveyed simply after the endorsement of the Lessor and the lessor will bear the cost or as commonly settled upon by the Parties.
Rights and obligations of Lessor and Lessee: The Lease Deed should plainly determine the rights and obligations of both Lessor and Lessee. For instance: Lessor will be qualified to enter into property during day time. Resident will be qualified for utilize the property without superfluous impedance by the Lessor. The property ought to be liberated and free from encumbrances. The property should be kept perfect and clean.
Fully/ Semi furnished Premises: In the event that the property is completely/semi furnished, it should specify that the fittings, installations, and comforts joined with the premises are in working condition. In the event that the same gets unusable, at that point it is the duty of Lessor to fix/supplant the issues. Any harm caused because of carelessness of the lessee to fittings, installation and comforts will be borne by him. Lessee will handover the property in a similar condition as was given over to him by the Lessor at the hour of execution.
Notice: Both sides should make reference to their location where notice or any correspondence might be sent through post or through mail. The location ought to be obviously referenced so the reports can be conveyed with any deferral/disarray.
Termination clause: The residential lease deed should make reference to the ideal opportunity for serving notice period and the foundations for end of deed. Further, causes bringing about prompt end of the deed ought to be unmistakably referenced.
Grounds of immediate eviction: The deed ought to likewise make reference to the grounds under which the deed stands ended right away. For instance, bad conduct by the Lessor/Lessee would bring about programmed end of deed and prompt ousting of the Premises.
Timing: In the event that the premises is located in family residences or area which are unsafe at night, timing for entrance during night will be expressed explicitly. This condition suggests that no one should get upset by the act of the Tenants.
Veg-Non-Veg Food: Many times, Lessor likes to rent out the premises to an individual who is simply veggie lover. To keep away from question, the Lessor ought to plainly determine, regardless of whether non veg food is permitted to be brought/cooked in the premises.
Number of Member: The Lessor should unmistakably specify the maximum number of individuals permitted to live in the Premises. Additionally the deed should express the outcomes, on the off chance that the number surpasses the breaking point expressed.
Pet allowed: Sometimes, the Lessor is hesitant to permit pets in the premises so rented out. Along these lines, the deed should state explicitly whether pets are permitted to be kept at the Leased out property. If there is an extra deposit required for a pet, that sum ought to be remembered for the rent understanding.
Parking: Many times parking space is additionally joined with the rented out premises. In the event that parking space is accessible with premises, it is to expressed explicitly in the deed. Extra charges, assuming any, is to be paid for benefiting the office ought to be referenced.
Right to sale: The Lessor has the privilege to deal the rented out premises during the Lease time frame by giving notification ahead of time to the Lessee. The term of notification ahead of time will be as commonly concurred by the parties. This will assist the Lessee with making essential course of action well in time.
Right of Lessee in case of new Lessor: This statement is to ensure the enthusiasm of Lessee when the rented out premises is being sold. A condition might be embedded expressing that the rent deed will be official on the new lessor until the expiry of the deed. On termination, except if concurred by both the parties consent, the deed will not be restored.
No right to mortgage: The Lessee will not reserve any option to contract the property or make any lien/charge on the rented out property with any of the monetary establishment or bank.
Arbitration Clause: The arbitration clause should express the way wherein mediation choice can be gotten to. The terms of arrangement of mediators, the binding effect of the decision of arbitrators etc to be embedded in the respect clause.
Jurisdiction clause: Jurisdiction proviso expresses the region/ city/ state where the oppressed party can look for justice. Any oppressed individual can file a compliant or look for lawful cure just at where the purview lies. henceforth, it is imperative to make reference to the spot of ward in a deed.
- the time of instalment is month to month/quarterly/yearly
- amount is paid ahead of time or toward the month’s end
As we all know that there can’t be “One Size Fits All” kind of Agreement for securing all kind of Confidential Information and above clauses is only illustrative list not exhaustive and the same would also depend upon how a particular clause is being crafted considering the nature of transaction. Majorly above clauses creates a significant impact on the agreement and makes it more qualitative.