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Things to Watch while Renting your Property in India

One of the frequent queries we receive is regarding the renting out of the properties by NRI in India.

With this blog we would like to give some important guidelines to be observed while giving property on Rent in India.

First and Most important thing to be kept in mind is to take the services of a competent lawyer who can draft a proper Rent Agreement.

The rent agreement is the only document which gives the Tenant right to live or use your property and hence utmost care should be taken for drafting the same.

The rent agreement should contain all the terms and conditions of tenancy. It is preferable to get your rent agreement registered. Stress should be laid on taking Post dated cheques from the tenant for the entire duration of tenancy. A little background check of proposed tenant should also be carried out. There should always be atleast one witness known to you on the rent agreement.

The 2nd most important thing that you should ensure is that Tenant Verification form is duly filled and submitted to the concerned Police station.This is a mandatory requirement and failure to do so would attract penal provisions.

3rdly you should preferably give a special Power of Attorney to one of your relatives or friends who can look after your property and take necessary steps required for the upkeeep of the same in your absence.

Needlessto mention, proper documentation to compete formalities would ensure healthy Labdlord- Tenant relationship and make the property a source of Joy and income for our NRI clients.


Frequently Asked Questions

What should a landlord verify before renting out a property?
A landlord should verify the tenant's identity and background, complete police verification of the tenant, check references, and confirm the tenant's purpose of stay. Proper due diligence reduces the risk of fraud, default, or illegal use of the premises.
Is a written rent agreement necessary?
Yes. A written and properly executed rent agreement is essential as it clearly records the rent amount, deposit, duration, and obligations of both parties. It serves as crucial evidence in case of any future dispute.
Why should a rent agreement be for 11 months?
Rent agreements are commonly made for 11 months to avoid the mandatory registration and stamp duty requirements that apply to leases of 12 months or more, while still keeping the arrangement legally documented and renewable.
How much security deposit can a landlord ask for?
There is no single nationwide cap; the security deposit varies by state and local practice, often ranging from one to several months' rent. It should be clearly mentioned in the agreement along with the refund conditions.
What can a landlord do if a tenant refuses to vacate?
If a tenant overstays or refuses to vacate, the landlord can issue a legal notice and, if necessary, file an eviction suit before the competent court or rent tribunal. Self-help eviction is illegal, so following due legal process is important.

Authoritative Resources on Property Rental in India

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