Free Residential Rental Agreement

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Residential Rental Agreement

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RESIDENTIAL RENTAL AGREEMENT

THIS LEASE (the "Lease") dated this _____ day of _____________, 20____

BETWEEN:

_________________________

(the "Landlord")

- AND-

_________________________

(the "Tenant")

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. Leased Property
  2. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________________________________ (the "Property"), for use as residential premises only.
  3. No guests of the Tenants may occupy the Property for longer than one week without the prior written permission of the Landlord.
  4. No pets or animals are allowed to be kept in or about the Property without the prior written permission of the Landlord. Upon 30 days' notice, the Landlord may revoke any permission previously given pursuant to this clause.
  5. The Tenant and members of Tenant's household will not smoke anywhere in the Property nor permit any guests or visitors to smoke in the Property.
  6. The Property is provided to the Tenant without any furnishings.
  7. Term
  8. The term of the Lease commences at 12:00 noon on 28 November 2024 and ends at 12:00 noon on 28 November 2024.
  9. Upon any notice required under the Act, or no notice where there is no Act or the Act does not specify, the Landlord may terminate this tenancy where the Tenant has breached any provision of this rental, including the failure to pay the Rent for at least one month.
  10. Rent
  11. Subject to the provisions of this Lease, the rent for the Property is ₹___________ per month (the "Rent").
  12. The Tenant will pay the Rent on or before the ____________________ of each and every month of the term of this Lease to the Landlord at ______________________ or at such other place as the Landlord may later designate by cash or cheque.
  13. Quiet Enjoyment
  14. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Property for the agreed term.
  15. Tenant Improvements
  16. The Tenant will obtain written permission from the Landlord before doing any of the following:
    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    5. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    6. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  17. Attorney Fees
  18. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party's attorney fees.
  19. Governing Law
  20. This Lease will be construed in accordance with, and exclusively governed by, the laws of .
  21. Severability
  22. If there is a conflict between any provision of this Lease and the applicable legislation of  (the "Act"), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.
  23. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease. Such other provisions remain in full force and effect.
  24. Amendment of Lease
  25. This Lease may only be amended or modified by a written document executed by the Parties.
  26. Assignment and Subletting
  27. Without the prior, express, and written consent of the Landlord, the Tenant will not assign this Lease, or sublet or grant any concession or licence to use the Property or any part of the Property. A consent by the Landlord to one assignment, subletting, concession, or licence will not be deemed to be a consent to any subsequent assignment, subletting, concession, or licence. Any assignment, subletting, concession, or licence without the prior written consent of the Landlord, or an assignment or subletting by operation of law, will be void and will, at the Landlord's option, terminate this Lease.
  28. Maintenance
  29. The Tenant will, at its sole expense, keep and maintain the Property and appurtenances in good and sanitary condition and repair during the term of this Lease and any renewal of this Lease.
  30. Major maintenance and repair of the Property not due to the Tenant's misuse, waste, or neglect or that of the Tenant's employee, family, agent, or visitor, will be the responsibility of the Landlord or the Landlord's assigns.
  31. Care and Use of Property
  32. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.
  33. The Tenant will not engage in any illegal trade or activity on or about the Property.
  34. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.
  35. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.
  36. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.
  37. During the term of this Lease or after its termination, the Landlord may charge the Tenant for replacement of locks and/or lost keys to the Property, and any administrative fees associated with the replacement as a result of the Tenant's misplacement of the keys.
  38. Rules and Regulations
  39. The Tenant will obey all rules and regulations of the Landlord regarding the Property.
  40. Address for Notice
  41. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:
    1. Name: _________________________
    2. Phone: _________________________
    3. Post termination notice address: ________________________________________________________
  42. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord's address for notice is:
    1. Name: _________________________
    2. Address: ______________________

      The contact information for the Landlord is:

    3. Phone: _________________________
  43. General Provisions
  44. All monetary amounts stated or referred to in this Lease are based in the Indian rupee.
  45. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.
  46. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  47. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  48. Locks may not be added or changed without the prior written agreement of both Parties.
  49. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  50. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  51. This Lease constitutes the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either Party except to the extent incorporated in this Lease.
  52. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Lease will survive the termination of the Lease, notwithstanding anything in this Lease to the contrary.
  53. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible.
  54. The Tenant is responsible for any person or persons who are upon or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons.
  55. Time is of the essence in this Lease.

IN WITNESS WHEREOF _________________________ and _________________________ have duly affixed their signatures on this _____ day of _____________, 20____.

 

_______________________________
______________________(Landlord)

 

_______________________________
______________________(Tenant)

Last Updated March 27, 2024

Written by 

Reviewed by 


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Fact checked by 



What is a Residential Rental Agreement?

A Residential Rental Agreement is an agreement that outlines the terms and conditions of a tenancy, including the rights and obligations of the landlord and tenant.

You can use a Residential Rental Agreement to rent out various types of residential properties, including bungalows, flats, rooms, row houses, etc.

A Residential Rental Agreement is also known as a:

  • Lease
  • Rental contract
  • Rental agreement
  • Tenancy agreement
  • Residential tenancy agreement

If you are looking to rent commercial property, use LawDepot's Commercial Rental Agreement.

Does a Rental Agreement need to be notarised in India?

You don’t need to notarise a Rental Agreement in India.

How do I write a Residential Rental Agreement in India?

You can easily create a Residential Rental Agreement by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps.

1. State the type of property

Start your Rental Agreement by selecting the type of rental property, such as a:

  • Bungalow
  • Flat
  • Room
  • Row house

2. Set the length of the Rental Agreement

State when the Rental Agreement will start and end. You can choose to create a fixed-term lease or an automatic renewal lease.

Fixed-term

A rental agreement with a fixed-term ends on a set date. It can benefit both the landlord and tenant because the terms and conditions stay the same for the duration of the agreement.

The landlord doesn't have to worry about the tenant breaking the lease early because the tenant is responsible for paying rent for the entire length of the agreement. On the other hand, the tenant doesn't have to worry about the rent increasing in price.

Automatic renewal

If you don't know when the agreement will come to an end, you can select this option. The Rental Agreement will automatically renew every month, 11 months, or yearly. This agreement will continue until one of the parties terminates it.

To terminate the agreement, the landlord or tenant needs to provide a notice of their intention to leave as required by law. If the tenant doesn't move out at the end of the notice period, the landlord can provide them with an eviction notice.

Automatic renewal also gives the landlord the right to raise the rent or change the terms of the agreement as long as they provide the tenant with proper notice as required by law.

3. Outline details about the property

Provide as many details as you have available in your Rental Agreement, including the property’s address and whether the property is furnished.

If possible, attach photos of the property and include any additional details relevant to the agreement.

4. Provide the parties’ information

Provide the names and contact details of all the parties involved in the Rental Agreement:

  • Landlord: The person or company who owns the property and allows the use of the space in exchange for rent.
  • Tenant: The person who signs the Rental Agreement and is responsible for paying rent.
  • Occupants: The people who live on the property but haven’t signed the rental agreement, such as friends or family members of the tenant.
  • Guarantor (if applicable): The person liable to the landlord for any breach of the agreement by the tenant. They can’t be a tenant.
  • Property manager (if applicable): The person who deals with the tenant and manages the rental property on behalf of the landlord, typically in return for a fee.

5. Decide on a method for rent payments

Decide on important rent details like:

  • The price of rent
  • When rent is due
  • How the tenant will pay (e.g., cash, cheque, bank deposit)

States and territories have different laws about rent control, and some may have differing regulations for the cities within them.

Different states may also have different rules about charging fair rent, which is the amount of money a tenant can expect to pay to rent a property. You should ensure that you know the rules about fair rent in your area to determine how much you can charge.

6. State if pets or smoking is permitted

Landlords will have differing policies on allowing pets or smoking inside the property. It’s a good idea to discuss these topics before entering into a Rental Agreement.

7. Provide rental deposit details

A rental deposit is a sum of money the tenant pays to the landlord to guarantee that the tenant will fulfil their obligations under the Rental Agreement.

The landlord can use the deposit to fix any damage that occurs during the tenant's occupancy. However, the deposit doesn't cover normal wear and tear. At the end of the agreement, if there is no damage to the property, the landlord must return the deposit to the tenant.

Before you add a rental deposit, you should ensure that landlords can hold rental deposits in your state or territory.

8. State the amount of notice the landlord needs to provide to enter the property

The landlord doesn’t have the right to enter the property unless there’s an emergency. However, the landlord may enter the property if he or she provides reasonable notice to the tenant. A written notice of 24 to 48 hours explaining when and why the landlord will enter the property is typically reasonable for non-emergencies. You can specify how much of a notice the landlord must provide the tenant in the Rental Agreement.

9. State the amount of notice needed to terminate the agreement

State in the questionnaire how many days notice the landlord needs to give the tenant before they can terminate the Rental Agreement.

10. Outline who will pay for services and amenities

There are instances where the price of rent will include some services and amenities. The landlord and tenant should discuss which additional charges are the tenant’s responsibility.

Additional charges can include:

  • Electricity
  • Water
  • Sanitation
  • Drainage
  • Air conditioning
  • Additional storage space
  • Other charges

Different states and union territories have varying rules about what a landlord can charge a tenant as an additional charge. You should ensure that you are permitted by the law to add additional charges to your Rental Agreement.

11. Outline improvements that need to be made to the property

Landlord improvements are enhancements to the property made by the landlord. They can include something as simple as putting on a new coat of paint to complex renovations. They typically occur before the tenant moves in.

12. State if there will be a walkthrough inspection

An inspection report is a written record of any existing damage observed during a walkthrough of the property by the tenant and landlord.

Most landlords will want to conduct a walkthrough inspection at the beginning and end of the Rental Agreement to record the property’s condition.

13. Outline any additional clauses

If there are any terms or conditions unique to your situation that the questionnaire didn't address, you can include them here.

14. Provide the signing details

Provide the date the landlord and tenant will sign the Rental Agreement.

LawDepot’s questionnaire gives you the option to include space to print your document on stamp paper. Your Rental Agreement may be required to be printed on stamp paper. Check with your local authority to confirm.

Why is a Rental Agreement important?

Rental Agreements come with a lot of advantages for the landlord and tenant.

For the landlord

A Rental Agreement gives a landlord leverage when seeking reimbursement for any damage done to the property or appliances while the tenant occupies the property.

The landlord also needs a Rental Agreement to penalize the tenant for late rent payments since the document outlines the terms for penalties and additional charges.

For the tenant

Without a Rental Agreement, the landlord may have the right to evict the tenant by providing a minimum of 30 days' notice. It would be more difficult for a tenant to fight the eviction in court without the proof of residency that the Rental Agreement provides.

A fixed-term Rental Agreement also prevents the landlord the ability to raise the rent for the duration of the agreement.

It may be a good idea to look up your state or territory’s rent control laws for more specifics. For example, a person interested in renting a property in Bangalore should look to the Karnataka Rent Control Act, 2001, while someone in Hyderabad should look to The Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960.

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