If you are an urban nomad and find it close to impossible to stay in the same rented apartment for more than a year, registration of a Rental Agreement shouldn’t be your cup of tea.
As to the rest, planning to nest themselves in a home to raise a family or are newly married and staying close to their workplace, a place you see yourself promoted as well as growing old, you are at the right place! At LegalDesk, we make Rental Agreements as well as other legal documents at the click of a button.
By a far conjecture, we can tell you are in the middle of executing a Rental Agreement and are stuck in one of these four situations –
- You have your draft of Rental Agreement ready and are looking for a Stamp Paper.
- You have managed to get yourself out there and procured a Stamp Paper and have the draft printed on the same, but are wondering how to register rent agreement.
- You are done with the registration and are wondering if Notarization is a necessity at all.
- Or you simply haven’t even picked up the phone to contact a lawyer to commence the drafting of your Rental Agreement.
And Here Are All Your Clarifications Answered
- If you are stuck in the first situation, you have the option to choose our Print and Delivery Service through which you can also opt for a speedy delivery within 24 hours or 2-days. By far, this is the most convenient way of effecting your draft on a Stamp paper. Otherwise, you will have to buy Stamp paper from certain banks (mostly co-operative banks) nearby.
- Registration of Rental Agreement- If you have your document converted to an instrument (through the printing of the document on a stamp paper), all there is left for you to do is to visit the nearest Sub-registrar office and get it registered.
- Notarization of Rental Agreement – This is optional for documents for which registration is not mandatory. Well, chances are, if you are just one person leasing out your property to a Tenant for a small duration, you may not know anything about Notarization. It is simply a formality, not a factor of functionality for the purpose of execution of a Rental Agreement (be it commercial or long-term lease). So what is the purpose of a Notarized instrument? All it does is provide a firewall to your Rental or Lease Agreement in the event of a legal dispute by ensuring the truthfulness of your identity. Furthermore, properties involving a hefty sum of money or leasing of property for a business enterprise, the necessity of notarization of rental agreement becomes a little prominent.
- If you are one to have trusted on a counsel with the vast network that is the internet instead of a lawyer, it is indeed a good thing as you can save all that time and money you had to spend on booking appointments, not to mention fixing a date that is suitable for both the Owner and the Tenant. Now, just like buying a commodity on an online retail portal, you can order legal documents home. This indeed must sound new to you as we are presently the only startup working towards delivering various customizable legal documents. Start drafting your Rental or Lease Agreement with us by clicking the button at the end of this article. We follow all the protocols of the law and our drafts are modeled on the prevailing law. Hence, delay no more and have the soft copy downloaded or have the document printed on a Stamp Paper and delivered to your house (charges on delivery apply based on the mode of delivery you choose, like 24 hours, next-day or standard delivery).
Process of Registration of Rental Agreement
As mentioned earlier in this article, one can register the rent agreement at the Sub Registrar Office, under the jurisdiction of which the property falls. Both landlord/owner and tenant will have to sign the document in the presence of two witnesses, after which the same document will be registered by paying the stipulated stamp duty charges as well as registration fee, which varies depending on the area, rent amount and tenure. You can calculate the stamp duty charges using LegalDesk’s Stamp Duty Calculator.
All this is mandatory only if your Rental Agreement is for a duration more than 12 months. If not, registration is optional and can be opted by the wishes of the parties executing the instrument. However, it is prudent to remember, a non-registered Rental Agreement doesn’t stand as evidence in court.
Everything You Will Need To Register Your Rental Agreement
To register your rental agreement, you will need these-
- Khata of the Property to be registered or PID (Property Identification Number) along with Sale deed, if available
- Address Proof documents of landlord and tenant
- ID proof documents of landlord and tenant
- Stamp duty charges (By demand draft)
- Registration fees
- Two witnesses
Is It Mandatory To Register A Rental Agreement?
Whether it is an 11-month Tenancy Agreement or a Long-term Lease, an agreement can be binding in court only if it is registered in a Sub-registrar office. However, the binding force of an agreement is weighed down less heavily on an 11-month Tenancy Agreement as the laws do not make it mandatory for you to register the same because of its short span. You can hence opt for either registration or just plain signing of the instrument in the presence of two witnesses. The hiccup arises due to the fact that an unregistered 11 month Tenancy Agreement won’t stand as a determining evidence in court but rather a supporting evidence. Hence, making it an overall less effective evidence in court.
According to the Registration Act, 1908, clause (d) of sub-section (1), registration is mandatory for a property that is on lease for one year or more.
More often than not, 11-months Tenancy Agreements are not registered as they are over all too quickly and can be renewed by the end of a year with less or no hassles. However, if you should have any fears about your Tenant or Landlord, insisting on the same is not discouraged.
Disputes can arise on the most trivial of clauses, like Maintenance fees, Pet allowance, Parking charges, or hiking of rent. If all these clauses are carefully listed and registered through a Rental Agreement, rest assured you will always have the winning hand if embroiled in a legal battle.
Registered Rent Agreement As A Valid Address Proof
A registered rental agreement, even if is made for a tenure less than a year, is considered as a valid address proof document. A rent agreement executed in favor of the tenant by the landlord will be accepted as a valid address proof document while applying for a passport too. Some other cases wherein rent agreement can be used as address proof include applying for Aadhaar card, getting a new gas connection, applying for a driving license, buying a new sim card, etc.
Create Your Rental Agreement Now!
To refresh you about everything this article is about, with LegalDesk.com, you can now make your own Rental Agreement, and also if you have your already prepared draft of the agreement, then you can get it printed on a Stamp Paper and delivered to your doorstep. Now click the button below and start creating your rental agreement. If you are looking to register your rental agreement in Bangalore, you can avail our service. Besides drafting rental agreements, we can help you with the registration process at Sub Registrar Office.