Overview of Residential Rental Agreement
A Residential Rental Agreement is the official handshake (in writing) between a landlord and a tenant for renting a property for a set period, laying out all the ground rules—from rent and deposits to duration and maintenance.
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When to Use a Residential Rental Agreement?
● Landlord renting out home to tenants (monthly, yearly, or weekly) ● Tenant plans to live in and maintain the place temporarily ● You want clear terms on rent, security deposit, co‑signers, or repairs to avoid future disputes
What is a Security Deposit?
A refundable upfront amount (usually 2–10 months’ rent) paid by the tenant as a safety net. Landlord may deduct repair costs or unpaid bills and return the balance at lease end.
Key Terms in a Rental Agreement
● Duration: Lease term (e.g., 11 months) ● Rent: Monthly amount, due date, grace period, late fees ● Deposit: Amount, refund timeline, deduction conditions ● Utilities: Responsibility for water, electricity, gas, internet ● Repairs & Maintenance: Landlord vs tenant obligations ● Insurance: If tenant must insure the premises ● Use & Restrictions: Pets, guests, subletting, noise rules
Essential Contents of the Agreement
● Full names and addresses of landlord & tenant ● Detailed description of premises (unit, floor, address) ● Rent amount, payment mode (bank transfer, cheque), due date ● Security deposit amount, bank details for refund ● Termination, early exit, renewal notice period ● Utilities and maintenance responsibilities ● Rules on pets, guests, noise, and common areas ● Emergency contacts and repair procedures
Preventing Real Estate Frauds
● Always pay rent via traceable methods (bank transfer) ● Verify owner’s identity and property documents ● Insist on written terms—no verbal promises ● Use proper landlord name to avoid title issues ● Conduct joint property inspections before move‑in
Why Register Your Rental Agreement?
● Legally valid if term >11 months ● Enforceable in court for disputes ● Prevents fraudulent re‑letting ● Police verification evidence ● Stamp duty compliance avoids penalties
Advantages of a Rental Agreement
● Prevents disputes by documenting agreed terms ● Provides legal proof in case of disagreements ● Enables flexible living without ownership burdens ● Quick occupancy—no bank loans required ● Possible tax deductions for tenants on rent paid ● Clear emergency repair and maintenance process
Emergency & Maintenance Clarity
● Defines process for urgent repairs ● Allocates costs for breakdowns or damage ● Ensures timely landlord response ● Protects tenant safety and comfort
1. Mandatory Documents
● Aadhar or valid government‑issued ID of both parties
● Passport (for foreign nationals)
● Power of Attorney (if applicable)
● Original property ownership proof (sale deed)
● Two passport‑size photographs of tenant and landlord
● Rental agreement printed on state‑appropriate stamp paper
Registration & Police Verification
● Police Verification: Required under Section 188 IPC; submit tenant’s ID and form to state police portal
● Registration: Leases >11 months must be registered under Section 17 of Registration Act
● Stamp Duty & Fees: Varies by state—calculate based on rent and duration
● Steps:
1. Draft agreement with signatures and witnesses
2. Print on correct stamp paper
3. Submit to sub‑registrar with fees and IDs
4. Collect registered document and receipt
Key Discussion Points Before Signing
● Fair Market Rent: Check similar properties and Rent Control Act
● Advance Payment: Amount and due date
● Furnishing, painting, pet allowances and costs
● Deposit deductions and refund conditions
● Inspection schedules and notice period
Why Choose DoStartup?
● Submit basic details online or via call
● First draft delivered within 2 days
● Unlimited revisions until you’re satisfied
● We handle printing, stamping, registration
● Transparent, end‑to‑end legal support