11 months registered agreement is admissible in evidence
2) keep a gap of some days then renew agreement
3) you can register your agreement with rent authority portal of your state
4) as far as charges are concerned consult a local lawyer
Best way to let shops for rent
Respected Lawyers, I want to let few newly , unoccupied,shops for rent.For the sake of simplicity & my property's security should I opt for 11 month rent agreement with tenants or get registered with Rent authority portal online of my state which are formed under the new law of urban tenancy regulations 2021? Few suppliment questions are :- A) Is 11 month agreement admissible in the court? B) If No then how strong would be my case in the court if I want to evict the tenant in future say after 12,20,30 years after revising 11 Month agreement with the tenant each of these years? C) Should I opt for registration on web portal of Rent authority of the state, in case of rent agreement is of more than 11 months? D) in the above case do I need the get the rent agreement registered separately? E) Do state rent authorities charge any amount for its services? Please guide me . Thanks
Asked 1 year ago in Property Law
Religion: Muslim
17 Answers
Thanks for your answer. What I forgot to mention in my question is Is only "Notoraised rent agreement for 11 months" is admissible in court ie non registered but notarized 11 month rent agreement? Asking because registration fee is 4% of annual rent plus other charges that will amount to more than a month's rent and not many to be tenants will find it acceptable. I also want to enquire about the registration fee if I opt for more than a year. As per my understanding rent agreement for more than a year should cost less with each increment of duration of agreement in years.
Asked 1 year ago
Notarised agreement is valid but better to register rental agreement
2) it is better to pay stamp duty and registration charges then get involved in time consuming litigation
3) expenses can be split equally
4) you can enter into agreement for 33 months with renewal clause
I just checked with a website,one time registration fee will cost less with each increment in duration of registered rent agreement. That would be a feasible option for us, both parties. I don't want to share costs as the total amount ,sharing with each tenant, will be too much for me. Dear sir, what is the significance of "33 months" in your previous answer?
Asked 1 year ago
- As the tenancy is for 11 months, Uttar Pradesh Regulation of Urban Premises Tenancy Ordinance. 2021 is not applicable, you can validly execute 11 months agreement.
- A 11 months agreement is as valid as any other agreement and is admissible in Court. Include an option in agreement for renewal of agreement after every 11 months. This will confer a right on you to terminate agreement at the end of every 11 months.
- You are obliged to register the agreement of State Government website if the agreement is more than 12 months as per Section 4.
- No to register an agreement of 11 months.
- For rent agreements of less than 11 months, the stamp duty is 4% of the annual rent.
- For rent agreements of more than 11 months, the stamp duty is 8% of the annual rent.
wanted to ask another follow up question : can I deny the renewal and evict the tenant after the expiration of a 2,3 year registered rent agreement? Do I need to provide any "valid" reason for the denial if the matter dragged in a court or Rent authority?
Asked 1 year ago
You can enter into agreement for 11 months or more
if you don’t want to renew agreement every year hence suggested 33 months with renewal clause
Renewal of agreement can be only with mutual consent of parties
you can refuse to renew agreement
you don’t have to provide any reasons
Dear learned lawyers, thanks for your answers. Local waseeqa naweez told me that local courts aren't admitting non registered only notarized rent agreements even if the tenure is of 11 months. What if I agree with my tenants to a "much lower rent per month on the document" and get agreement registered with a tenure of 1,2 years? This way I may incure some monetary loss,chances of which are negligible. I can deny the renewal of rent agreement if tenants fualter on the rent.
Asked 1 year ago
Better register rental agreement to avoid legal complications
consult a local lawyer before proceeding further
Each state has its own rent act
1. 11 Months rental agreement is an admissible and valid evidence in court of law.
2. Periodical renewal of the rental agreement will be proper evidence to establish tenant landlord relationship.
3. It is always advisable that you register the rental agreement ion the rental portal of your state.
4. Only registered rental agreement will be entertained to recorded in the rental portal.
5. You can confirm about the charges/fees to be paid at the time of registering the same in the rental portal
It is always advisable to register the rental agreement because a registered rental agreement can be used as proof in case of a dispute, and it ensures that both parties comply with the terms of the lease.
The registration fees and stamp duty for a rental agreement vary from state to state.
If you feel that the rental agreement for a period of more than a year would incur lesser stamp duty you may decide accordingly, besides if the tenant is not to be burdened on it wholly then you can share the registration charges
If you don't want to share the stamp duty and the registration charges with the tenant, then you can inform him about the registration charges are to be borne by him alone as one of the conditions of the rental agreement.
The 33 months rental agreement might have been suggested in order to ease your hardship of getting the rental agreement every after 11 months.
There is no exclusive significance attached to this suggestion.
The choice is yours especially when the conditions for renewal of the rental agreement is cited as on the mutual agreement of the parties to this agreement.
You cannot be forced to renew the rental agreement if there is no condition making it as mandatory for you to accept the renewal request from the tenant.
You can even refuse to renew the same.
However you can stipulate clearly as a condition in the rental agreement to this effect
If you are looking for some beneficial schemes of rental agreement, you can decide about it based on the prevailing circumstances.
As per the latest law, the courts don't entertain the rental disputes for an unregistered rental agreement so you can think what can be done on it in case of a dispute with a tenant at a later stage having an unregistered rental agreement
A. The registration of rent agreement for 11 months is not mandatory, and it is admissible in agreement if the said agreement is dully signed in the presence of witnesses and even notarized.
B. The agreement for more than 11 months period should mandatorily registered after paying stamp duty
- You can renew the written rent agreement each year , however must keep the record of previous years rent agreement to prove the tenancy .
C. Yes,
D. Depend upon you . Reply is given in A & B
E. Yes, for registration of rent agreement a stamp duty of at least 2% of the rent amount charged However it can be differ and depend upon the state.
- The tenancy can be oral as well, if the tenant is paying the rent each and every months.
Registration of lease for less than 12 months is optional and compulsory.
Thankyou all for your suggestions. I have opted for registered rent agreement for 3 years. My only question remains now is "should I get agreement registered with Rent authority of my state ?" I have doubt because as the name of the act suggest it's for urban areas whereas my property falls outside of municipality!
Asked 1 year ago
If it is mandatory in your state then register it with rent authority
You are right hence you may get your rental agreement registered before the sub registrar concerned.
The latest law will be applicable to the property situated in the urban location only.
Leave and license agreement is the best way
- If you are entering into an agreement for more than 12 months period , then its registration from the registrar is mandatory
- It can be registered from the registrar where this property is located.