While renting an apartment in the state of Karnataka, you will need to make a rent agreement. This article will help you learn the process involved in making a rent agreement registration in Karnataka and will help you be aware of the documents required for a rent agreement.
What is rent agreement registration in Karnataka?
A rent agreement registration in Karnataka is an official document that establishes a relationship between the landlord and the tenant. This agreement contains terms and conditions that have been mutually agreed upon by the parties, i.e., the landlord and the tenant. It also lists the obligation and responsibilities of both parties.
A rent agreement registration in Karnataka should cover all the necessary details related to the rented accommodation. Take a note of these essential elements that are present in every rent agreement:
- Amount of security deposit.
- Monthly rent.
- The total duration of the tenancy.
- Date from which the agreement becomes effective.
- Monthly payment date.
- Penalty clause in case of delay in paying the rent.
- Responsibilities towards damages and repairs.
- Are there any prohibitions on making structural changes and sub-letting?
- Full names and permanent addresses of landlord and tenant.
- Usage charges towards electricity, telephone, internet, etc.,to be paid by the tenant.
- Lock-in period, if any.
- Restrictions about keeping pets, etc.
- Lease termination and extension clauses.
It is essential to thoroughly read the rent agreement registration in Karnataka for both the landlord and the tenant. The draft agreement should be shared between the two, and no signature should be made until everything is checked.
Also read all about stamp duty and registration laws for Maharashtra rent agreement
Rent agreement registration in Karnataka stamp duty
Legal documents require a tax to make them legally valid. This tax is called the stamp duty. In Karnataka, the maximum stamp duty is Rs 500. The stamp duty varies according to the duration of the agreement and the annual rent.
See also: Revenue stamp on rent receipt: When is it needed?
The formula for the calculation of the stamp duty is as follows:
For an agreement of 10 years- 1% of the annual rent.
For an agreement of 10 to 20 years – 2% of the annual rent.
Rent agreement registration in Karnataka is mandatory for registering a rent agreement that exceeds an 11 months term. Lease agreements under 11 months may or may not be officially registered.
See also: All about Karnataka stamp duty
Registration procedure
- The rental agreement is drafted as the first step. After both parties nod to the agreement, it is printed on a rent agreement stamp paper of Rs 100. The rent agreement stamp paper can be provided by a legal practitioner, stamp vendor, and court.
- Then, both the landlord and the owner have to sign the pages of the agreement, including the rent agreement stamp paper.
- You will require two witnesses to the rent agreement and will also have to mention their details, ID proof document, and their signature. The witnesses can be your friends, colleagues, and neighbours but not your family members.
- Gather all the documents required for the rent agreement.
- Visit the Sub-Registrar office under whose jurisdiction the property is. There your document will be attested. You will need to pay the due registration charge applicable in Karnataka. This step will conclude your rent agreement registration in Karnataka.
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Documents required for rent agreement registration in Karnataka
While registering the agreement in the Sub-Registrar’s office, you will need to provide the following documents required for the rent agreement:
- Government ID proofs of both landlord and tenant. Example: Aadhar card, driving licence, voter ID card,or passport.
- Ownership proof of the property. Example: Registry docket, municipal tax receipt.
- 2 passport size photographs
- Two witnesses to sign on the agreement
Essential terms to include in the draft of your rent agreement registration in Karnataka
Rent agreement registration in Karnataka is an important legal document, and that is why it is necessary to add a few essential terms that will mutually benefit the landlord and the tenant in case of a dispute.
Rent and security deposit
The rent required to be paid every month is an essential requirement of the rent agreement registration in Karnataka. This clause should also mention the time the rent must be paid—for example- the 1st week of the month. In case of default, the tenant’s penalty should also be stated in this clause. The mode of payment is another snippet that can be added for complete clarity.
Security deposits can be a source of legal contention between the landlord and the tenant in the future. That is why the rental agreement should mention the amount of the security deposit, its use, and how it will be returned to the tenant after the lease ends. It will avoid any future confusion and legal troubles between the parties.
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Lock-In term
The Lock-In period is when neither the landlord nor the tenant can terminate the rental agreement. If any of the parties terminate the contract during this period, they will need to pay the remaining rent for the stated period.
Name of all adult tenants
The Rental Agreement must mention all the adult tenants leasing the property. Their signatures are also necessary for the agreement. It allows each tenant of the house to be responsible for following the terms and conditions of the contract. This term can also be helpful to the tenants to use for passports, gas agreements, etc.
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Occupancy limit
Occupancy limit is the maximum number of people and their minor children allowed to be the tenants in residence. This clause allows the landlord to screen and be sure about the people living in the home. If the tenant is subletting or moves relatives or friends into the residence without the landlord’s permission, this clause will allow them to evict the tenant.
Duration of tenancy
The duration of the Tenancy should be mentioned in the agreement. Rental agreements vary between tenure of month-to-month or a tenure lease of year-to-year.
Maintenance and repair
Setting the terms of the role of the tenant and landlord in the maintenance and care of the house will keep the lease period hassle-free.
Water and electricity bill
The rental agreement should mention who will pay the water and electricity bill of the residence/property between the two parties. Sometimes, the tenant may need to provide the receipt of the bill to the landlord.
Pet policy
Make a clause whether the pets will be allowed in Rented Property Or not. It can be a deal-breaker for many tenants who already have a pet, so always dialogue about the clause first.
Other restrictions
Any other restrictions should be mentioned in the rental agreement. It can include not subletting, no illegal activities in the house, use of parking space, landlord’s access to the property,etc.
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