Making Rent Agreement
When the immoveable property is given on rent. It is necessary that legal documents must be prepared and executed in the presence of the witnesses. It is an important document for both tenant and landlord point of view. There are many disadvantages of the oral rent agreement and it creates problem when any issue is raised and in the conflict either party get disadvantage of the oral agreement.
In the absence the owner of the property can be sued against the tenant that he is encroacher or he can take please he is defaulter of the rent as in these cases the tenant has no written proof that he is not defaulter and he is paying rent regularly. It is seen when the property is given on oral agreement the landlord does not issue the receipt.
The rent agreement is attest by the magistrate, rent controller or notary public and its registration is not necessary but if the rent agreement is made more than 11 months then its registration is mandatory that is why it generally it is made for eleven months.
The landlord cannot evict the tenant either rent agreement expires or he refuses to extend the agreement. The landlord has only grounds for the eviction is defaulter of the tenant and bona fide of personal need by the landlord, or if the tenant sub-let or alter the property then he can approach to the Rent controller for the eviction of the tenant otherwise not.
If the landlord does not issue the receipt of the monthly rent. It is the duty of the tenant that he get the receipt and never paid a rent to the landlord without the receipt. In case the landlord unnecessary want to evict the tenant, the tenant has right that he can get status quo from the court.
On the other hand if the tenant has right to enhance the rent as per law which is 10% and he can also right to inspect the property. He is also bound to repair and maintain the property and pay the taxes.