Your agreement might say that you have a certain type of lease – but the type of rent you actually have might be different. The registration of the contract becomes mandatory if the duration of the tenancy is equal to or greater than 12 months. Unlike an 11-month agreement that remains legally valid despite the absence of registration, a lease for a period of 12 months or more would be null and void if it is not registered. If the customer has a credit account with the lessor, he can rent over several months (or years) and receives a recurring invoice or continuity by rental period until he returns the device. In this case, deposits are rarely necessary. The contract may also contain information about your landlord`s repair obligations. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. You may also have signed an agreement that the property was granted under an occupancy licence. That is not enough to make the agreement a license.
Leasing contracts and monthly leases have their pros and cons. Leases allow landlords to rent property that is not desirable for long-term tenants. It is also advantageous if rents can rise rapidly, so the landlord can renegotiate the terms of the contract from month to month. They benefit tenants who only have to stay in a particular location during a transition or if they are unsure of the length of their tenancy in the area concerned. On the other hand, a lease is advantageous for a lessor because it offers the stability of long-term guaranteed income. It is advantageous for a tenant because it is stuck in the rent amount and length of the rent and cannot be changed, even if the real estate values or the rent increase. Evicting a tenant is something you need to do as a landlord. Find out what steps to take and how best to protect your interests in this situation. All the same provisions are contained in a monthly lease as in a standard lease; however, either the tenant or the landlord can change the terms of the contract at the end of each month. The landlord has the option of increasing the rent or asking the tenant to leave the premises without violating the lease. However, a landlord must give a good 30-day message to stop before the tenant leaves the property. There are currently archaic laws in the Indian rental property market, which first came into force after the First World War in 1908.
While the government has tried to change the situation several times, the Model Tenancy Act 2019, still under development, aims to better regulate the rental market in India. While the model law awaits cabinet approval, leases remain governed by the Rent Control Act of 1948 and the Registration Act of 1908. Since the 2019 Standard Rent Act is not yet a law, we will consider the validity of a tenancy agreement in light of the provisions of the existing legislation.