• Rent Agreement or Leave and License Agreement

Hello Team,
My current status in India is as NRI, i would like to rent (2 BHK house) out my property in located bangalore. Please suggest me which is better to take up is Rental Agreement or the Leave and license agreement. If possible please send me a standard wording template which ever you suggest is optimal.

With regards
Somashekar
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

The leave and license agreement is better.

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

you should enter into leave and lcience agreement for 33 months with renewal clause

2) there is no standarr format

3) clauses have to be incpororated depending upon facts of each case

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Make rent agreement for 11 months for one period at a time.

2. However once it expires you can extend it for further 11months.

3. Try to change the tenant frequently after 3-4 years.

4. Go for leave and license agreement.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

It is advisable to get a leave and licensee agreement registered for the duration you wish to rent it out. As per the existing rent laws it is advisable not to make an agreement more than 33 months.

Rent agreement or leave and licence agreement is one and the same.

You can get the Draft/copy of the same by contacting this website any of the lawyers via email. The c template can be downloaded as well.

In Bangalore such reach made agreement is available only you need to fill in details. But it is always good to have one with your special clause/terms and conditions.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Dear Concerned,

Leasing out a property is good idea , however it is suggested that you gives pecial power of attorney to one of your relative here who would lease this property on your behalf and give property only on a registered agreement . You never know what is there in future hence better safe then sorry.

Give property only on a registered agreement.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. If you let out your flat against rent agreement, then the said tenancy will be governed by Tenancy Act which is pro Tenant and bars the land lords in evicting even the non paying tenants without due process of law i.ce filing of eviction suit. Such process will take a long time to be implemented.

2. Leave and License Agreement is a better proposition since in this case you are not creating any tenancy but only giving license to some one to stay in your property as per your leave.

3. In the later case the tenant is not a tenant but a licensee only which is more suitable for the land lords/ladies.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The rental agreement or lease agreement shall be a better choice instead of leave and licence agreement.

For drafting the deed you may engage the services of an advocate in the local.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer