Essential Clauses

Essential Clauses of the Rent Agreement are the following:

Rent amount: The rent amount must be mentioned in the agreement, and it should be inclusive or exclusive of maintenance charges.

Security deposit: The security deposit is an amount paid by the tenant to the landlord as a security against damages to the property. The security deposit amount must be specified in the agreement.

Duration of the tenancy: The duration of the tenancy must be mentioned in the agreement, and it should comply with the latest provisions.

Maintenance charges: The maintenance charges must be specified in the agreement, and they should comply with the latest provisions.

Termination of the tenancy: The terms and conditions for the termination of the tenancy must be mentioned in the agreement, and it should comply with the latest provisions.

Renewal of the tenancy: The terms and conditions for the renewal of the tenancy must be mentioned in the agreement, and it should comply with the latest provisions.

Restrictions on the use of the property: The tenant must agree to use the property only for residential purposes, and they must not sublet the property without the landlord's permission.

Maintenance of the property: The tenant must agree to maintain the property in good condition and return it in the same condition as it was received.

Notice period: The notice period required for the termination of the tenancy must be mentioned in the agreement, and it should comply with the latest provisions.

The following documents are required for the registration of a rent agreement in India:

Identity proof: The landlord and the tenant must provide their identity proof, which can be a PAN card, Aadhaar card, passport, or voter ID card.

Address proof: The landlord and the tenant must provide their address proof, which can be a driving license, utility bill, bank statement, or Aadhaar card.

Rent agreement: The rent agreement must be printed on stamp paper of the prescribed value and should be signed by both the landlord and the tenant.

Property documents: The landlord must provide the property documents, such as the sale deed or the property tax receipt.

Passport-size photographs: The landlord and the tenant must provide their passport-size photographs.

It's important to note that the documents required for rent agreement registration may vary from state to state. It's advisable to check with the local sub-registrar office for specific requirements in your area.

Overview

Renting a property is a common practice in India. As a tenant or landlord, it's essential to have a legally binding agreement to avoid disputes in the future. The rent agreement is a legal document that defines the terms and conditions of the tenancy. It's important to draft a rent agreement that complies with the latest provisions of Indian law to ensure that the interests of both parties are protected.

What is a Rent Agreement?

A rent agreement is a legal document that outlines the terms and conditions of the tenancy. It's an agreement between the landlord and the tenant, and it's binding for both parties. The rent agreement contains details such as the rent amount, duration of the tenancy, security deposit, maintenance charges, and other relevant terms.

There are two types of rental agreements in India – Fixed-term and periodic:

A fixed-term rent agreement is for a specific duration, and the tenant must vacate the property at the end of the tenancy period.

A periodic rent agreement, on the other hand, is for an indefinite period, and the tenancy can be terminated by either party by giving the required notice.

Registration of Rent Agreement

As per the latest provisions, it's mandatory to register the rent agreement with the local sub-registrar office. The registration fee varies from state to state, but it's usually a small percentage of the total rent amount. Registration of the rent agreement provides legal validity to the document, and it can be used as evidence in case of a dispute.

Follow the general instructions listed below while furnishing the digital signature application form:

• The signature of the applicant should be in blue ink only
• The signature of the applicant should be as it is in the Identity Proof
• A photo of the applicant in the application form should be signed by the applicant
• All supporting documents should be attested by either Gazetted Officer / Bank Manager / Post Master
• For proof of attesting officer, either one of the below is mandatory –
• Contact Details of Attesting Officer including the name, designation, office address, and contact number. This should be part of the attestation. If provided separately, it should be attested either by the Applicant or Attesting Officer
• Self-Attested copy of the Organizational Identity card of the Attesting Officer
• Organizational Documents can also be attested by Authorized Signatory. However, if the taxpayer fails to get the Organizational Documents attested by the authorized signatory, an attested copy of the organizational ID card of the authorized signatory is mandatory.

How Digital Signature work

Like handwritten signatures, digital signatures are unique to each signer. The providers of digital signing solutions, such as DocuSign, follow a specific protocol called Public Key Infrastructure (PKI). PKI requires the provider to use a mathematical algorithm to generate two long numbers called keys. One key is public, and one key is private.
When someone electronically signs a document, the signature is created using the signer’s private key, which is always securely kept by the signer. The mathematical algorithm acts as a cypher, creating data matching the signed document, called a hash, and encrypting that data. The resulting encrypted data is the digital signature. The signature is also marked with the time that the document was signed. If the document changes after signing, the digital signature is invalidated.
For instance, suppose that Jane signs a timeshare sale agreement with her private key. The buyer receives the document. A copy of Jane's public key is also sent to the document's purchaser. If the signature is not Jane's or the document has changed since it was signed, the public key will be unable to decrypt it using the cypher that produced the keys. The signature is then invalid. To ensure the integrity of the signature, PKI mandates that keys be generated, carried out, and stored securely. As a result, a reliable Certificate Authority (CA) is typically required. Companies that provide digital signatures, like DocuSign, address the PKI criteria for secure digital signatures.

Why to choose India Advocacy?

Are you a landlord or a tenant in India? Protect your interests by registering your rent agreement with India Advocacy. The registration of your rent agreement provides legal validity to the document, ensuring that your rights are protected in case of a dispute.

India Advocacy has put in place several laws to regulate the rental market, and it's essential to be aware of them. By registering your rent agreement with India Advocacy, you can ensure that your rent agreement complies with the latest provisions of Indian law.

The process of registering your rent agreement with India Advocacy is straightforward. All you need to do is provide the necessary documents, and the registration process will be completed in a few days. The registration fee is a small percentage of the total rent amount, and it's a small price to pay for the peace of mind that comes with legal protection.

Conclusion :

Don't wait until it's too late to protect your interests. Register your rent agreement with India Advocacy today and ensure that your rights are protected. By registering your rent agreement, you can avoid disputes and ensure that your tenancy is a smooth and hassle-free experience.