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Q.

What are consequences for the rental agreement?

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In India, the governing law for the control of rent, protection of rights of landlords and the rights of tenants are governed by the Rent Control Act. The act regulates the rules of letting out a property and ensures that neither the landlords nor the tenants’ rights are exploited by the other. It is mandatory to have a written agreement between the two parties enumerating all the terms and conditions of tenancy. An agreement reached without being expressly put in writing will not be a valid contract. The agreement must be dated and signed by both parties, i.e. the landlord and the tenant. The agreement must be stamped and registered. Without a valid rental agreement, the rights and duties of the landlord and the tenant cannot be enforced or protected by law. Therefore, it is always prudent to enlist the help of a legal practitioner in the making of such an agreement as many complexities entail, especially for commercial leasing.

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