Owner asking for 11 lac as lease amount and he is giving fully furnished 2nd floor.. in first floor his brother family is staying.. I am unable find the exact reason why he is leaving the fully furnished house. Do I have to take any precautions or check land document to ensure ownership.. If he is not the sole owner, will there be a problem? What type of agreement I should make with owner. Please advice ASAP as I have to decide today. Thank you Sandesha
Just to ensure I have the legal cover and guarantee that money will be returned once agreement expires.
No need to pay Rs 11 lakhs
2) enter into leave and licence agreement for period of 33 months at licence fees agreed between parties
3) security deposit woukd be nominal
4) ask landlord to produce his sale deed which would reflect name of owners of flat
5) insist on NOC from society to give premises on
leave and licence
1. Peruse Sale Deed, Khatha certificate, etc., to find out owner of the property. If there were to be more than one owner, all the owners have to execute the Lease Deed.
2. In case, only one of the owners execute the Lease Deed, then he should have authorisation from other owners for executing lease deed in the form of POA.
3. It is the standard practice that the Lessor returns the money, without any interest, after the lease period is over. In case the Lessor is unable to return the deposit money at the end of lease period, the Lessee has to continue to stay till he is returned the deposit of lease amount.
4. Lease and Licence agreement has to be executed by both the Lessor and the Lessee.
get agreement vetted by local lawyer
1) Don't be so in hurry to get lease agreement done. Kindly check his AADHAAR and Pan card along with address title with Municipal Corporation.
2) Kindly check with his brother too.
3) Before going for lease agreement give notice in local newspapers.
Sir it would be better to get title of second floor verified by local advocate and if title is clear then make a 3 year lease . Further in lease deed there can be a indeminity clause stating that if any kind of issue arise of lease then the owner that is the other party will responsible to indemify you and refund complete amount.
Further the cluase of refund should be made.clear that on expiration of lease.total security deposit should be refund in 10 days without any deduction of if any deduction like painting charge it should be speocifed. If delay then 10 days then the owner has to refund amount along interest @24 percent per annum .
If he is the right full title holder then you can go ahead with the lease And Get It registered after payment of requisite stamp duty this please will be enforceable and you will have no problem in execution in case you face any issue with the agreement
Thanks for all the clarifications... very helpfull
Sir just get lease document drafted from good lawyer and further register same.
You are welcome.
Thanks for your appreciation
In a furnished house rental agreement, your landlord must be obligated to give you full access of the house and all its content for an agreed upon rate and payment terms, within an agreed upon time period. In most cases, you have full responsibility for utility bills during the term of your stay.
You and the landlord must also agree on the terms of occupancy. This means that the lease agreement should specify the number of persons who will reside in the house as well as your living arrangement. This can affect the rates in some cases.
The landlord also serves the right to impose a security deposit which he can use to pay for possible repairs and renovations in the house once the lease is terminated.
It is pertinent to verify the title documents before signing the lease agreement to ascertain the ownership.
You may get the lease agreement deed vetted by a local advocate before hand if you suspect any adverse issue in this.
Dear Sir
There will be several issues and which cannot be unearthed within a day or two. Take Encumbrance Certificate and verify. Some times private loans might have been taken
