Cuttack | 30 Jul, 2020 (1 week, 6 days ago)

Contracts & Legal Documentation / Agreements

House Rent Agreement in Cuttack. How to make a house rent agreement. Procedure

Hii. This is Biswa Mohan Dash, a retired engineer from Cuttack. With my hard earned money I made a beautiful home in CDA, Cuttack. I am living in the 1st Floor. In the ground floor there is one garage and a shop which I want to give on rent. I just want to know how to make a perfect house rent agreement so that even if any dispute arises I will not go through any trouble. The tenant will make regular payment and he will evict the shop as and when required and he would not harass me in case litigation. If possible, share your phone number so that I can contact you. Thanks.
Answers
01 Aug, 2020 | 17:58

Dear Mr. Das,

My first advice to you is that you make a rent agreement for 11 months to avoid registration and stamp duty. Furthermore, you need to add proper provisions regarding force majeure, enhancement of rent, security deposit etc. You can also provide for settlement of diputes by negotiation and then arbitration to avoid court based litigation.

Regards,
Adv. Meenal Garg
(+91-9041653983)


Amiya Ranjan
30 Jul, 2020 | 22:32

Hello
Mr. Das

You want to let your shop on rent and you want to make a commercial agreement for tenancy.

Note that, if you go for an tenancy agreement for 11 months then you don't need to pay any stamp duty to the Government. Moreover it can be notarised.

If you go for a tenancy agreement for more than 12 months then it should be compulsorily registered at the Sub-Registrar's office and you need to pay stamp duty to the government. If you don't register it at the Subregistrar Office then the Tenancy Agreement has no legal sanctity as it violates the Registration Act.

My suggestion to you is that make a house rent agreement for 11 months. Put all the mandatory and required clauses in the agreement. Got it signed along with passport sized photos of the landlord and tenant. Got it signed by 2 witnesses.

You need to sign also in the register of the Notary. You so also the tenant. So if any dispute arises, the Notarial Register can be used in evidence.

If you need any further assistance you can contact me.

Mr Amiya Ranjan
Advocate
Mobile 9238577260
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