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RULES & REGULATIONS - RENTING A ROOM IN JAIPUR
With sky touching rates of properties and apartments, it has become very difficult to have your own house in big cities of India. And if you are in transferable job or something, you can't have a house everywhere. Thanks to the renting business, that it's possible for everyone to get a temporary shelter.
While all of us have gone through the renting experience here in Jaipur at least for once, most of us are still least aware about the official laws governing it. It's better to be informed about what Indian government laws have to tell about renting practices so that you stay cautious against any fraud in future. We have summarized rules and regulations pertaining to room renting business here so as to help users of RoomRentJaipur.com:-
1)
A landlord can not refuse to rent a home or evict a tenant because he or she is a certain age, race, gender or disabled. Although Landlord must ask tenants to get police verification done before signing the agreement.
2) There are two types of agreements - ‘lease’ and ‘leave
and license’. A ‘lease’ rental agreement gives the tenant possession of the room as per the
specification of the agreement. The minimum tenure of rent is 12 months,
and the property should be registered.
The ‘leave and license’
agreement is the most common used format which gives the tenant the right to use the house for a maximum
period of 11 months with option clause for renewal. In this case, the house or apartment need not be
registered.
3) Following points need to be included in the agreement for clarity to both the parties:-
a) Concerned parties
b) Details of the condition and items available in the room
c) Amount decided and till what date of the month it should be paid
d) Details of security deposit
e) Notice period for termination of the agreement
f) Parking facility, allowing pets, garbage disposal, eating/drinking habits, and other concerns should be documented for clarity in future
4)
The landlord must give the tenant a duplicate copy of the rental
agreement within 10 days after the date of signing. If
the landlord fails to do this, the tenant is not obligated to pay rent
until the tenant receives a copy of the rental agreement.
5) The landlord shall maintain the premises in a good state of repair
and fit for habitation during the tenancy and shall comply with a law
respecting health, safety or housing. The landlord can not interfere in tenant's peaceful utilization of the room.
6) The tenant shall keep the premises clean, and shall repair damage
caused by a willful or negligent act of the tenant or of a person whom
the tenant permits on the premises.
7)
Landlord can't increase the rent all of sudden.Tenant has the right to stay in the room tillas per the contract paying mentioned rent till specified dates. Annual increase in rent is declared to be 5% in Rajasthan.
8) If not covered in the rent agreement, tenant must pay the rent by 15th of every month and he/she is entitled to obtain a receipt duly signed by the landlord for the payment made by the tenant.
9)
Tenant shall not sub-let the room or part of it to a third party. Although sub-let could be allowed legally with the written consent of the Landlord.
10) Security deposit if any shall be taken by Landlord as per the contract and it needs to be returned at the termination of agreement. In case, there is some damage to the room or belongings by tenant during the stay, it needs be settled with mutual consent. If there is a disagreement between two, they can seek judgment from court.
Rent Agreement Sample
RENT AGREEMENT
This rent agreement is made and entered into at
__________________ (location and city) on _________ (date), between Mr./Ms ____________________________________________________, residing at ________________________________________________________________ (permanent address),
hereinafter referred to as “The Landlord” & Mr./Ms ________________________________________ residing at _________________________________________________________(permanent address) hereinafter
referred to as “The Tenant”.
The landlord is the exclusive owner, and is seized and
possessed of house no. ______________, measuring about ___________square feet area situated at
_____________________________________________ (Address); & wheras the tenant has approached The landlord seeking the house on rent basis for a period of _________________(duration in months)
on the terms and conditions mutually agreed to:
1. The landlord hereby grants the tenant to use the said house with effect from
__________________ for a period of _______ months only on rental basis.
2. The tenant has agreed to occupy and use the said house for a
period of _________ (period in months) purely on rental basis, commencing on ________ (date) and expiring on
_____________ (date) (i.e.___________(from date) to _________(to date)
).
3. The financial compensation terms shall be as follows :
(a) The tenant shall pay Rs. __________/-(amount) (Rupees
______________________________only)(amount in words) per month as compensation on or before the __________
day of every month.
(b) The tenant shall pay the landlord a sum of Rs. ________/-
(Rupees _______________________only) (amount in words) as an interest-free
security deposit. This security deposit of Rs. __________/-(amount)
(Rupees ______________________________ only) (amount in words) shall be refunded after
the handover of peaceful possession of the said house upon termination
of the lease.
(c) The tenant shall bear the charges for utilities namely
electricity, telephone, and cable, and shall make payments of these
bills on timely basis. The landlord shall bear the society charges
including municipal taxes and water tax. Any increase in municipal
taxes or other statutory levies, if any, will be borne by the landlord.
4. The agreement shall automatically be terminated on completion of
_____(period in months) starting from ____________________( start date
in words).
5. Thelandlord and the tenant hereby declare that
if either of the parties decides to terminate the
agreement earlier than the date stipulated hereinabove, the desiring
party shall give ______ days written notice to the other party of such
intention and accordingly the said agreement shall remain terminated on
expiry of the said notice period of _____ days.
6. The tenant shall not keep, permit or allow anyone else to use
the house.
7. The tenant shall keep the said house in good condition and if
any damage, are caused to the said house willingly or unwillingly by the tenant, the tenant shall
fully make good the charges on account of such damages.
8. The tenant shall not carry on any illegal business or
activities, nor shall he consume alcohol at the house.
9. This agreement shall be governed by :
(a) Indian Contract Act, 1882, and
(b) The tenant specifically agrees to be bound by the The Rajasthan Rent Control Act, 2001
10. The tenant and landlord shall bear and pay all cost and
expenses equally by way of stamp duty, registration charges, etc. in
respect of this agreement.
Signed and delievered by:
“The Landlord” Mr/Ms _____________(name)
In the presence of witness: ……………………………………
Signed and delivered by:
“The Tenant” Mr/Ms _______________ (name)
In the presence of witness : ……………………………………
Refer following link to read Rajasthan Rent Control Act, 2001
http://www.sandarbha.com/rajasthan/act.htm
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+(1).JPG "Jantar Mantar, Jaipur")
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