Those planning to rent a property in Mumbai have to enter into a rental agreement with their landlord. Similarly, those planning to rent out their property in Mumbai have to execute a rent agreement with the tenant, to formalise the renting process. This makes it necessary for both the parties to know the process for executing rent agreements in Mumbai.
What is the process of preparing a rent agreement in Mumbai?
- The first step towards preparing a rent agreement in Mumbai, is to obtain mutual consent. The landlord and the tenant must give their consent to the rental terms and conditions.
- The next step is to write the mutually agreed upon terms in an agreement/plain paper.
- Once the agreement is printed, it is advisable for both parties to read all the points. If all the points are correct, both parties should sign the agreement in the presence of at least two witnesses.
Why are rent agreements for 11 months?
The Registration Act, 1908, mandates registration of a lease agreement, if the occupancy tenure mentioned in the agreement is more than 12 months. So, to avoid stamp duty and registration fees, people sometimes prefer a leave and license agreement for 11 months.
Is it mandatory to register a rent agreement in Mumbai?
The registration of a rent agreement is not compulsory in many places, if the rental period is less than 12 months. It is still advisable to get it registered. However, it is important to note here that in Mumbai, under Section 55 of the Maharashtra Rent Control Act, 1999, it is mandatory to make every agreement in writing and register it, irrespective of its tenure.
Registration of rent agreement will make it legally binding for both the parties to adhere to the agreed terms and conditions. A registered rent agreement can be produced as legal evidence by the parties to it, for resolving legal disputes.
Only written agreements can be registered and become legally enforceable. Oral agreements cannot be registered, and therefore it is not bound by the law.
How to get a rent agreement registered in Mumbai?
It is the property owner’s responsibility to get the rent agreement registered under the Registration Act. To register the rent agreement, you can visit the nearest sub-registrar’s office. Registration of the rent agreements can be done within four months of the creation of the deed. At the time of the registration, both parties must remain present, along with two witnesses. In the absence of either or both parties, the registration can be executed by the power of attorney holders, who hold the rights to finalise the agreement.
Documents required for registration of a rent agreement in Mumbai
Following are the documents needed for the registration of a rent agreement in Mumbai:
- Original/copy of title deed as proof of ownership.
- Tax receipt or Index-II.
- Address proof of the tenant and the landlord. It can be a photocopy of the passport, Aadhaar card, driving licence, etc.
- Identity proof such as a copy of a PAN card or Aadhaar card.
Online rent agreement facility by Housing.com
Housing.com provides an instant facility to create online rent agreements. The agreement is mailed to the parties, i.e., both, the landlord and the tenant. The entire process is online and the agreement can be created from the comfort of one’s home. The process is contactless, hassle-free, convenient and cost-effective. Currently, Housing.com provides the facility to create online rent agreements in 250+ cities of India.
Benefits of online registration of rent agreement in Mumbai
Mumbai is one of the busiest metropolitan cities in India. Offline rent agreement registration can be a time-consuming process for most Mumbaikars. In such a scenario, an online rent agreement process is highly reliable, transparent and cost-effective. There are some well established companies, which offer hassle-free online rent agreement services to their customers. You can use these platforms, from finding a home on rent to getting the rent agreement registered.
How much does a rent agreement cost in Mumbai?
The cost of rent agreement registration in Mumbai includes the stamp duty and registration fee, the legal advisory fee (if you hire a legal advisor), etc. Stamp duty on rent agreement comes under the Bombay Stamp Act, 1958. Rent agreements (or leave and license agreements) are required to be stamped with a stamp duty charge of 0.25% of the applicable rent in the entire period. Stamp duty can be paid through non-judicial stamp paper or e-stamping or franking procedure.
Registration charges applicable on the rent agreement vary across different locations, from Rs 500 to Rs 1,000 for rural areas and municipal locations, respectively.
If you hire a legal expert to draft a rent agreement and get the agreement registered, it may cost you an extra sum.
Points to keep in mind when making a rent agreement
Here are some important points to keep in mind when making a rent agreement:
- The landlord is allowed to include a point in the agreement that stipulates an increase in rent by up to 4% per annum. If there is an improvement or deterioration in the quality of the rented premises, the rent can be revised upward or downward on mutual written consent by both parties.
- The tenant is entitled to receive rent receipts, for the payment of rents.
- The notice period by both, the landlord and the renter, should be mentioned in the agreement.
- Details about fittings and fixtures in the property, should be mentioned in the rent agreement.
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