Rent House Property Buy, Sell And Ranting Real Estate
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New twists are coming every day in the Shraddha murder case of Delhi. Then another shocking incident occurred. When Shraddha and Aftabe rented the flat, they informed the landlord that they were married. On the other hand, the landlord was unaware about this. In this way, the trend of live-in relationship between husband and wife has increased in the city. Then the question arises that this fact was not known at the time of making the rental agreement. If you find out then... who and where is the mistake being made? Today in Kamna Samachar we will tell you all the information about this.
Today's expert is Supreme Court Advocate Sachin Nayak.
Question: What is a rental agreement?
Answer: When a house is given on rent, a compromise is made between the landlord and the tenant regarding certain matters. Earlier this negotiation used to be done orally, but with the passage of time it is now taken in writing, which is called rental agreement.
Question: If a landlord wants to enter into a rental agreement, what is the procedure for it?
Answer: Here is the process.
The landlord or tenant can approach any lawyer for a rental agreement.
The lawyer will prepare the rental agreement and get it signed by both the owner and the tenant.
The lawyer will get the signatures of both the witnesses.
After signing, the rental agreement will be notarized by a notary.
In this way the rent agreement is prepared, which you can take from the advocate.
Keep in mind – a rental agreement made without a notary has no use in law.
Question: Is the rental agreement made in the name of both husband and wife or can it be made in the name of only one person?
Answer: Apart from the name of husband and wife, it can also be made in the name of any one person. Apart from this, suppose your child goes to Delhi for studies and 4 people live together in a flat or room, then the rental agreement can be made in the name of all four.
Question: If a landlord does not want to rent the house to a live-in partner and rents the house to a live-in partner, then what can the landlord do?
Answer: If any such incident occurs then the rental agreement gets automatically cancelled. If the landlord asks you to vacate the house, then you have to vacate the house without any hesitation.
Question: If a boy and a girl say that they are husband and wife and want to rent a house, then how will the landlord know whether they are actually married or not?
Answer: Before renting a house, the landlord should ask the boy and girl for proof of their marriage, such as marriage certificate or any affidavit. If a couple gets married in a court, then basically their marriage is registered. If he gets married in the presence of family and friends instead of a court marriage, he will have to go to the municipality to get his marriage registered.
Question: What will happen if a person presents a fake marriage certificate or affidavit?
Answer: If a complaint is made at this time, then a jail sentence of 7 years, fine or fine can be imposed.
Question: What are some things a landlord should keep in mind while entering into a rental agreement?
Answer: 2-3 things have to be taken special care of.
Witness:
The two people you make witnesses for the rental agreement must be physically and mentally capable. The people who are witnesses must be above 18 years of age.
Time limit of rental agreement:
If you are notarizing only the rental agreement. Then you should make your contract for 11 months.
Property dispute:
You should check the property you are renting. There is no dispute on this.
Question: What are the benefits of making a rental agreement?
Answer: You can get 2 benefits.
Tax exemption:
People who file income tax returns get tax exemption. If you live in a rented house without a rent agreement, you cannot claim tax exemption in your income tax return under any circumstances.
Address Proof:
The rent agreement is your valid proof of residence, which you can also use for things like gas connection, identity certificate, passport, license etc.
Question: Why is the rental agreement always for 11 months?
Answer: According to the Registration Act, if a property is given on rent for 12 months or more, then it has to be registered, hence, to save the expense, a rental agreement for 11 months is made.
Question: What things should tenants check in the rental agreement?
Answer: Renters should check these 3 things before signing the rental agreement-
The most important thing is the fare. The amount of rent, the date on which it has to be paid and the penalty for late payment, all these things should be clearly mentioned in the rent agreement.
When the fare will be increased, it should also be mentioned in the fare agreement. Along with this, by how much the fare will increase i.e. 1 thousand, 2 thousand or more.
The time limit of the rental agreement is fixed. For example, 11 months. Sometimes such a situation arises that the landlord has to cancel the rent agreement. For this, the notice period should also be mentioned in the rental agreement. This is the time when tenants can be asked to vacate the house after giving them reasonable time. The notice period is usually only one month
When you rent a fully furnished or semi-furnished house, you should specify a complete list of furniture and fittings.
Question: What things should a landlord keep in mind while renting a house?
Answer: This thing should be taken special care.
11 month rental agreement
It is necessary to have a rental agreement for 11 months.
The scoundrel refuses to vacate the house or shop after 11 months. If you do this, you can show this rent agreement in court.
If the landlord wants to keep the old tenancy even after 11 months, he will have to renew the rent agreement every year.
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