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Q.

What is No Pet Clause in Lease Agreement in India?

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A no pet clause in lease agreement is a contractual stipulation prohibiting tenants from keeping pets on rental property. Governed by the Indian Contract Act and state Rent Control Acts, it is generally enforceable if explicitly agreed upon, though exceptions may arise for discrimination or service animals.

Landlords usually include this clause: 

  1. To prevent potential property damage

  2. Address concerns regarding allergies and hygiene

  3. Mitigate noise disturbances. 

Tenants, however, can negotiate the clause before signing, potentially offering pet deposits or higher rent, or requesting modifications, particularly for service or therapy animals.

Disputes can lead to legal recourse if the clause is deemed discriminatory. Therefore, clear communication and thorough documentation of any agreements or exceptions regarding pets are crucial for both parties to ensure a mutually agreeable rental experience.

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In India, a no pet clause in lease agreement explicitly prohibits tenants from keeping pets on the premises. 

What are the Aspects of a No Pet Policy Lease Agreement?

Here are some common aspects of a pet clause in lease agreement:

  1. Prohibition: The clause states that no pets (except service animals) are allowed.

  2. Authorisation: Prior written consent from the landlord is required for any exceptions.

  3. Consequences: Violation may result in fees for cleaning, de-fleeing, and damage repair.

  4. Recent Changes: Under the new Model Tenancy Agreement recommended by the Government, landlords can no longer issue blanket bans on pets. Instead, they must actively object in writing within 28 days of a pet request.

I hope this helps!

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