Most rental agreements in India are designed for a period of 11 months in order to avoid registration fees by both parties. “Despite the lack of registration, an 11-month rental agreement is legally valid and in the event of a dispute between the tenant and the lessor. It is precisely for this reason that most lease agreements are concluded in this way and regularly reviewed or not, as both parties see fit,” says Brajesh Mishra, a Gurugram-based lawyer who specializes in real estate law. What is corporate social responsibility and how much money is spent in IndiaLike leases are signed for 11 months, which avoids stamp duty and other fees. Under the Registration Act of 1908, registration of a lease is mandatory if the term of the lease is greater than or equal to 12 months. If a lease is registered, it is also mandatory to pay registration fees and stamp duties. Example: for a five-year lease in Delhi, the cost of a stamp paper is 2% of the total average annual rent of one year and more than 5 years, but less than 10 years, it is 3% of the average annual rent. For 10 years or more, but less than 20 years, the rate is 6%. If a security deposit is mentioned in the contract, paragraph 100 and point 1100 are added for the registration fee. If a property is rented for 2 years, in which the first annual rent is Rs. 20,000 per month and for the second year rental Rs.
22,000 per month. The lease registration fee would then be: 2% of the average rent for 12 months, which is Rs 5040. This can be explained: The average rent for a month is Rs. 21,000, the average rent for a year is 21,000 * 12 and 2% of these are Rs 5040. In this amount, if a deposit is deposited, Rs 100 and Rs 1100 are added for the registration fee. The total cost is 6240. That said, the lawyer`s fee and other paperwork are added and it turns out to be 8 to 10 thousand rupees. To avoid all these expenses, landlords and tenants therefore conclude an agreement for 11 months only on the basis of a mutual agreement. In this context, they do not have to pay registration fees and other fees. However, if the tenant wishes to declare a lease, the tenants and landlords must share the costs.
Now you may have understood why the lease is only valid for 11 months. Some important facts about the rental agreement – When signing the lease, the landlord and tenant should consider some of the essential things, for example.B. the landlord should have complete information about the tenant and the tenant should ensure that the landlord is not misleading. In addition, the tenant must know how long the property is rented, who pays the electricity bill, the water tax and the house, whether or not it is included in the rent.- The rental agreement should clearly indicate when and by how much the rent is to be increased. An important criterion that banks are looking for to access solvency is the applicant`s income. A landlord can provide banks with a valid lease agreement, as proof of an additional source of income. With this rental income, applicants have better legitimacy and more chances to obtain credit. A lease provides for a short-term lease agreement, which will be renewed later after the period expires. Typically, a landlord and tenant make a lease for a period of 11 months with the option of a regular extension.
Since the current rental brake law is largely tenant-friendly, but only applies to leases of at least 12 months, the introduction of an 11-month pact helps landlords take preventive evacuation measures. Due to the archaic nature of this law, the new model rental law was recommended in 2019. Laws are usually overturned in favor of the owners. It is precisely for this reason that we see millennial staff adopting the co-living model, which reduces the chances of owners earning an income with their locked-in wealth. . . .