Why you should get your rent agreement registered?
Property

Why you should get your rent agreement registered?

Its a new year of 2023, are you interested in finding someone to rent your home? First things first, you need to be sure that a leasing agreement is in place. A rental agreement is a legally binding document that is signed by both the landlord and the tenant of a rental property. In the event that a disagreement should arise about the tenancy agreement, the registration acts as admissible evidence. If you plan to rent a property for a period of one year or more, or if the landlord requires it, you are required to have a registered rental agreement. However, if the duration of the rental agreement is less than a year, it is not essential by law to have a rental agreement that is registered with the appropriate authorities. 

1. DIFFERENCE BETWEEN A REGISTERED AND A NON-REGISTERED RENTAL AGREEMENT

The differences between a Registered and a Non-Registered Rental Agreement are as follows:

Registered Rental Agreement

Non-Registered Rental Agreement

Rental agreements for 12 months or more.

Rental agreements for a period of less than 12 months.

Can be admitted as proof in a court of law.

Difficult to present as evidence in a court of law.

It is possible for a notary to notarize a rental contract that has not been registered. Yet, even in that case, it is possible that it would only be admitted as proof of address and that it would not be enough to defend the parties' interests. On paper with a stamp worth either INR 50 or INR 100, which is provided by the state, you are able to draught a non-registered rental agreement.

So, in a lease agreement for 11 months, registration is not required of the tenant. You would have been able to observe that the normal length of a tenancy agreement is eleven months. You have the option of signing a lease for 11 months if you want to circumvent the mandatory registration obligation.

People Also Read This: Lease Deed Registration: Everything You Should Know

2. RENTAL AGREEMENT REGISTRATION

If the rental agreement is written for a term of one year or more, then it is imperative that the rental agreement be registered. In that city, the office of the registrar is the place to go to register a rental agreement. The fee that is required to register a rental agreement with the state can vary from state to state. In the event of a legal dispute, the registered rental agreement can be presented as evidence and is legally obligatory on both parties. 

A landlord may rent out his property for differing periods. Stamp duty on the rented property depends upon the time for which the property is rented:

Time

Payable Stamp Duty

Rental agreements between 1 to 5 years

 

2% of thrice the average annual rent.

 

Rental agreements between 6 to 10 years

 

2% of four times the average annual rent.

 

Rental agreements between 11 to 20 years

 

2% of five times the average annual rent

Rental agreements beyond 20 years

 

2% of the six times the average annual rent.

 

Only the rental agreements of more than one year should be registered. For other rental agreements that are of less than one year (for example, 11 months), notarizing it with the notary public and paying the stamp duty is good enough and credible.

Now that we have understood the basics of rental agreement registration, let us understand the procedure for registration of a rental agreement:

  • Get a rental agreement drafted by a lawyer.
  • If you are the tenant, you need to get the rental agreement printed on a specific value stamp paper.
  • Both tenants and landlords need to sign at the designated places on the rental agreements.
  • Get the signature of two witnesses who are not related to either the landlord or the tenant.
  • After this, both the tenant and the landlord must be physically present at the sub-registrar’s office of their sub-locality.
  • Both tenants and the landlord, and two witnesses need to carry their two passport-sized photos and ID cards for verification and validation.
  • Any third person or any agent cannot carry out the registration of the rental agreement.
  • As soon as you pay the stamp duty, the registration is complete.

The registration fee for a rental deed agreement is typically around INR 1100. The rental agreement registration fee is payable regardless of the rental amount or the property value. The stamp duty charges are also applicable to the registration fee for the rent agreement.

3. Documents Required for Rent Agreement Registration

Following documents are required for a registered rent agreement:

  • Original ownership documents or title deed.
  • Two passport-sized photographs (tenants, landlords, and two witnesses).
  • Aadhar card
  • A government authorized identity proof (voter Id, passport, driving license, etc.)
  • If the tenant is a company, then an authorization letter from the company is required. This authorization would validate the tenant’s right to register.

4. Online Rental Agreement Registration

In today’s world, whether it is about buying products or choosing services, most individuals look at nowhere else but the internet. The same situation can also be seen when it comes to making a Rental Agreement. However, there are only a few states in India which allow online rental agreements. Let’s find out how registering rent agreement online works.

5. Process for Online Rental Agreement Registration:

The process to get an online registered rent agreement is as follows:

  • Firstly, visit the authorized government website.
  • Find out the online rent agreement option on the main page.
  • Choose your jurisdiction from the given list.
  • Provide your details required in the form.
  • Fill in the details of the other party.
  • Submit the details of tenant, identifiers, and landlord
  • Now move to the next step, i.e., rental agreement information, and fill in the details

The documents required for an online registered rent agreement are:

  • PAN card and Aadhar number of tenants, landlord, and two witnesses.
  • A biometric scanner to scan thumb.

People Also Read This: All You Need To Know About Drafting Lease Agreements?

6. How to Create a Rent Agreement Draft?

A registered rent agreement sample is typically available online on many websites. A rental deed agreement should contain the following elements:

  • Names and addresses of the landlord and the tenant.
  • A brief description of the property.
  • The date by which the rent would need to be paid.
  • What would be the mode of the rent payment?
  • Exit options.
  • Amount of refundable security deposit and how and when would it be refunded?
  • What utilities are provided to the tenant?
  • What facilities can the tenant use?

A rent deed means a contract between the landlord and the tenant, and hence, it should serve not only as proof of the tenancy but also as an instrument to protect the parties' rights. Hence, it is preferred that you consult a local lawyer before drawing up a rental deed agreement and get clarity regarding registration, stamp duty, etc.

Conclusion

In conclusion, registering your rental agreement is an essential step in the process of maintaining the legal rights that you are entitled to as either a landlord or a renter. A registered rental agreement is a document that is legally enforceable and gives evidence of the terms and conditions that both parties have agreed upon for the rental of a property. It is evidence that the tenancy was in place, and it can be utilised as such in the event that there is a dispute or a legal procedure. You may ensure that the terms and circumstances of your rental agreement are enforced by law and that your legal rights are protected by registering the agreement. This gives you the ability to safeguard your legal rights. In addition, registering your lease agreement can provide you piece of mind and make it easier to steer clear of any misunderstandings or disagreements that may arise in the future. For this reason, it is essential for landlords as well as tenants to give some thought to the possibility of registering their lease agreement in order to guarantee a smooth and problem-free rental experience.