Post on 16-Jul-2015
Pranav Pandya, Franchise Development Manager, RE/MAX
Gujarat
WHAT ARE LEASE, TENANCY AND
HOUSE RENT AGREEMENTS AND
HOW TO NEGOTIATE THEM
RE/MAX Gujarat
Lease
Transfer of the right to use the property.
For a specified period/for perpetuity
Can’t evict the leaseholder while the lease is
in existence unless termination provision.
RE/MAX Gujarat
What if a lease leads to a tenancy?
RE/MAX Gujarat
Leave and License
RE/MAX Gujarat
Advantage of leave and licence
RE/MAX Gujarat
How to ensure an effective lease
deed or leave and license
agreement?
Find out who is the actual owner
It is crucial that a leave or license or lease agreement is signed only with the real owner of the house.
It is more difficult to trace ownership of agricultural land
If the person leasing the property is not the owner of the land, find out if he has the authority to lease it.
RE/MAX Gujarat
Renting out mortgaged property
Term of the agreement
RE/MAX Gujarat
Termination clause and notice
period
Most property related disputes between landlord and occupant usually take place over termination and eviction.
long notice periods and lock in periods
One month and three month notice period are most common in India
RE/MAX Gujarat
Important Clauses
Lock in clause
Sub-letting clause
Payment clause
Increase in rent clause
Guarantor Clause
Maintenance/association charges clause
RE/MAX Gujarat
Important Clauses
Wear and tear clause
Clause for furniture and fixtures
Clause on associated facilities and
amenities
Security deposit clause
Repair works during occupancy
RE/MAX Gujarat
Important Clauses
Wear and tear clause
Clause for furniture and fixtures
Clause on associated facilities and
amenities
Security deposit clause
Repair works during occupancy
RE/MAX Gujarat
Important Clauses
Clause for tax liability
Dispute resolution clause
General nuisance clause
General points of concern regarding leasing or renting of any nature
Thank You