Facing Issues with Lease Agreement?

Your Trusted Legal Support for Rent / Lease Disputes

Rent / Lease disputes can be complicated and stressful. Our experienced legal team is here to help you navigate the complexities of lease agreements, ensuring you understand your rights and options while providing strong legal support.

Legal Assistance for Rent / Lease Issues

Comprehensive legal advice on lease agreements, rent disputes, and tenant rights.

Expert negotiation and representation to resolve landlord-tenant disputes effectively.

Assistance with lease terminations, renewals, and eviction processes.

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Introduction:

A rent agreement is also called as lease agreement. A ‘Lease’ is a transfer of rights of enjoyment and occupation of the specific immovable property for a specific period or in perpetuity by one person (Lessor) to another (Lesee) in consideration of price paid or promised to be paid periodically during subsistence of the lease. Lease deed should be on requisite stamp-paper. Lease of immovable property from year to year, or for a term exceeding one year, or reserving a yearly rent are compulsorily registrable as per the Registration Act.

Essentials of a lease deed-

Before entering into a lease agreement the lessee must ensure that the lessor has proper title to the property. The lessor should either be the owner of the property or must be an authorised power of attorney holder. Essentials of a lease deed are as follows –

  • Details of lessor and lessee (Name, Age, Address etc.)
  • Details of the property leased (Location, size, area etc.)
  • Declaration by the lessor that he is the owner of the property or has been duly authorised to do so.
  • Term of the lease that is effective date of commencement of the lease and duration.
  • Lease rent or amount to be paid, mode of payment, security amount to be paid (If any) whether it is interest-free or not, and circumstances when it is refundable.
  • Advance rent payable (if any) and mode of its adjustment.
  • Rent escalation clause – at what rate and when it can be increased.
  • Facilities provided like access to the terrace, common area or common garden etc. and fixtures and fittings would be provided by the lessor or not.
  • Dues to be paid like – tax payment, MCD dues, maintenance charges of the society etc.
  • Who will bear the routine maintenance and major or minor repair expenses?
  • Grounds of termination and notice period for termination.
  • Who will bear the registration charges of the lease deed?
  • Details of parking provided or to be rented separately.
  • Dispute resolution clause.
  • Force measures clauses. (Like COVID etc.)
  • Any other terms depending upon the commercial terms of the lease agreed by the parties.

GOVERNING LAWS –:

  • The Transfer of Property Act, 1882
  • The Indian Contract Act, 1872
  • The Registration Act, 1908
  • The Indian Stamp Act, 1899
  • The Arbitration and Conciliation Act, 1996

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