If you are a prospective tenant looking to rent a house in any city, there is a checklist of things to note. Among them is arranging documentation for the preparation of the rental agreement. A rent agreement is a legally binding document that mentions the terms and conditions to which both parties – the landlord and the tenant, must adhere. Before finalising a property for rent, one should also perform the necessary checks to ensure the property is free from fraud. Hence, the tenant can ask for specific documents from landlords such as title deed, utility bills, etc.
See also: Know this before renting out your house in India
Rent agreement
The tenant must sign a rental arrangement with the landlord when renting the property. A rent agreement is a contract signed between a landlord and a tenant to initiate the tenancy. It contains the details about both the parties and the terms and conditions of the tenancy. Usually, the rental agreement is prepared for 11 months, after which it can be renewed. One should note that the rent agreement must be registered if the tenancy agreement exceeds 11 months.
The rent agreement should cover key aspects such as:
- Tenancy’s start and end date
- Rent amount payable
- Frequency of rent payment (monthly or quarterly)
- Amount of security deposit
- Maintenance charges
- Responsibility for repair and maintenance costs
- Conditions of termination of the agreement
- Notice period for vacating the house
- Percentage increase in rent, if the contract is renewed
- Provisions of electricity, water and power facility
Documents required to verify property ownership
Prospective tenants, including first-time tenants, must verify the ownership of the property. Here are some documents that tenants can ask the landlords at the time of renting a property:
Title deed
A title deed is a legal document that establishes the rightful ownership of an individual over a property. It contains details related to the property, buyer and seller details, property history, etc.
Occupancy certificate
An occupancy certificate, which is issued by a relevant authority, is a document that proves that a property (building) conforms to the national building codes and is fit for occupancy.
Documents to be submitted by tenants to the landlord
The documents required for a rent agreement may vary depending on the state or location where the property is rented. Broadly, the following documents are needed in India when renting a property:
Proof of identity
Tenants must submit their identity proof documents, such as an Aadhaar card, Passport, Voter ID, Driving Licence, etc. The identity proofs of all the members residing with the tenants are also required.
Proof of address
When finalising the rent agreement, a tenant must share proof of the address where they reside. They can share any document such as utility bills (electricity, gas, water, etc.), bank statements or rent agreements of previously rented houses, etc. Proof of address of all the residing members on the property is also required.
Passport-sized photographs
Passport-sized photos of both landlord and tenants are required when preparing the rent agreement.
No-objection certificate
Housing societies in cities such as Mumbai, Pune, etc., may have some regulations for tenants. Some housing societies may require a no objection certificate (NOC) to avoid future disputes. Hence, prospective tenants are required to enquire about the society’s laws.
Proof of income or employment
Some landlords may enquire about the tenant’s income sources and employment. Hence, documents such as recent three months’ salary slips, bank statements, income tax returns (ITR), employment-related documents like offer letter, etc. may be required.
Documents for police verification
As per the laws in various states, landlords must get their tenants’ police verification to ensure there are no legal cases against them. This can be done online or by visiting the nearest police station. Tenant’s identification proofs, address proofs, utility bills, etc. will be required. The passport-sized photograph is affixed to the tenant verification form.
Stamp duty payment
Stamp duty must be paid for the rental agreement, depending on the state-specific rental laws. For this, the landlord or the tenant should purchase stamp papers of requisite value based on location or other factors and getting the rent agreement printed on it. Stamp papers are available at the nearest civil courts. There is also an online method to purchase stamp paper by visiting the authorised e-stamping portals.
Additional documents
Some additional documents may be required, such as:
- Copy of Aadhaar card of father / mother
- Affidavit from the apartment owner (in the prescribed format)
- Affidavit from the tenant (in the prescribed format)
Documents required in case of NRI tenants
When it comes to buying and renting a property by NRIs in India, the process becomes a bit complex, especially when completing the documentation. In addition to the above-mentioned documents, NRIs will be required to furnish the following documents:
- Copy of valid foreign passport
- Copy of valid Indian Visa (long-term visa, valid for a remaining period of more than 182 days)
- Copy of Foreigners Registration Office (FRO) permit
- Overseas address proof
- Indian address proof
Documents tenants should ask the landlord
Security deposit receipt
Besides the monthly rent, a tenant must submit a security deposit to the landlord, an additional upfront expense the tenant must bear when renting the property. The security deposit amount usually equals two months’ rent. After the payment, tenants must request proof of payment of the security deposit for their reference.
Utility bills
Generally, the electricity bills are in the landlord’s name. Tenants should ensure the landlord has cleared the previous dues or penalties due to late payments. Hence, the tenants can request to see the previous utility bills and related documents. In addition to the bills, if the tenant plans to use heavy-load appliances, they can check the total load allowed on the electricity meter. They may ask the landlord to apply for a higher wattage meter to suit their needs.
Housing.com News Viewpoint
Renting a property involves compliance with specific legal procedures, just like buying a   purchasing a property. Tenants can also request a property inspection. They also have the right to get all the relevant details related to the property from the landlord. It is also essential for tenants to be aware of their legal rights.
FAQs
What should you check when renting a flat?
Make sure to inspect the property to see if there are utilities and amenities available. Tenants must also check for specific documents such as utility bills, receipts, security deposit payment receipts, etc.
What documents are required for a rent agreement in India?
The rent agreement, title deed, identify proofs, address proofs, income or employment proof, passport-sized photograph, NOC, etc. are some key documents required when renting a property.
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