Online Rent Agreement in Kolkata

Essentials of Rental Agreement in Kolkata

Moving to the beautiful heritage city of Kolkata? Finding your perfect old-world rental home might be a challenge but securing your tenancy shouldn’t be. A rental agreement in Kolkata is essential for the peaceful cohabitation of both, the homeowner and the tenant. 

 What are the key components of a rental agreement for tenants and homeowners in Kolkata?

A residential rental agreement, which describes the terms and conditions of a rental arrangement between a landlord and a tenant, is a contract that is enforceable by the law. Both parties’ interests are safeguarded by the rental agreement, which also makes sure they are aware of their respective rights and obligations. For tenants and homeowners in Kolkata, some of the essential elements of a rental agreement are as follows:

• Name and Address of the Homeowner and the Tenant: The name of the owner of the house along with the complete postal address of the house. The name and permanent residential address of the tenant (proof of permanent residential address may also be required)
• Duration of the Agreement: The length of the rental agreement and any options for renewal that the tenant may have, should both be stated in the rental agreement.
• Monthly Rent Amount and Security Deposit: This section should specify the amount of monthly rent, the due date, and the allowed payment methods. It should also outline  the amount for the security deposit, the terms under which it will be returned, and any potential deductions.
• Maintenance and Utility Charge: Utility Charges like electricity, water supply and garbage disposal should be specified along with the amount for each and the due date. Maintenance charges for the cleanliness of the building complex can also be included.
• Rights and Responsibilities of both parties: It should clearly state the rights of both the homeowner and the tenant, it can include clauses like the right to evict, terminate, notice period etc.

 What are the legal requirements for registering a rental agreement in Kolkata?

The Registration Act of 1908 mandates that leasing agreements with terms longer than 12 months be registered. The rental agreement must be drafted on stamp paper. For leases lasting longer than 12  months, a stamp duty cost of 5-6% of the average annual rent is applied. 

This cost can be split between the homeowner and the tenant or paid by either of the parties entirely. Once drafted, the rental agreement has to be registered in the local sub-registrar’s office. Here are a few documents that will be required during the process of registration:

• Address Proof: Photocopy of Adhaar, passport or driving license (document containing full and updated permanent residential address)

• Identity Proof: PAN card or Aadhaar Card may be used for this.

• Proof of Ownership: This is for the homeowner, a copy of the title deed can be submitted to establish proof of ownership.

• Tax Receipts: Tax receipts of the house or Index II can be used here.
• Photographs: Two passport-size photographs of the homeowner and the tenant will be required.

 How can you complete the registration of a rental agreement in Kolkata?

In Kolkata, a rental agreement must be written on stamp paper and then submitted to the local sub-registrar’s office. A minor registration fee and stamp duty may also be required, which must be split between the homeowner and the tenant. 

It won’t be regarded as legitimate and legally binding until both parties have signed the paperwork and it has been registered at the sub-registrar’s office.

 What factors should you consider before signing a rental agreement in Kolkata?

Make sure that the rental agreement does not have any mistakes or ambiguous language, this can prove to be problematic in case of a disagreement (if any). Here are some factors you should consider before signing a rental agreement in Kolkata:

• Make sure that the rent amount and agreement period are correctly mentioned, also read the terms for the increment of rent after the agreement period has lapsed.
• Take note of the notice period, both for the tenant and the homeowner.
• Details of the advance/ security deposit should be mentioned in the document.
• The condition of the house before the occupation should be noted, in case of any damages or repairs needed, it should be mentioned in the rental agreement.
• Note the consequences for violating the terms of the contract for both parties.
• The rental agreement should include the maintenance responsibilities and expectations for the property’s condition that the tenant is required to maintain during the tenancy.

 How can NoBroker simplify the process of getting a rental agreement in Kolkata?

Drafting a rental agreement in Kolkata can be very daunting, especially if you are new to the city and are not familiar with the local rules for a legally binding rental agreement. NoBroker provides these services for getting a rental agreement in Kolkata:

• Customisable Drafts/ Readily Available Templates: We have readily available templates for rental agreements in Kolkata, they can be customised as per the need of the tenant and the homeowner can be used directly. It contains all the key components required for a rental agreement in Kolkata. 

• • Assistance with stamp paper and registration: NoBroker offers help with stamp paper and registration of the document in the local sub-registrar’s office. The stamp paper can be obtained from the sub-registrar’s office or can be downloaded online.

• Next-Day Delivery: NoBroker offers next-day delivery of the customized rental agreement. This feature helps to save time and effort.
• Secure Online Payment: the payment for the service can be done online through secure and trusted platforms like net banking, UPI payments, etc.

 What are the benefits of using a rental agreement service in Kolkata?

Using a rental agreement service in Kolkata can be a hassle-free way to get your rental agreement drafted quickly and with all necessary clauses included in it. Here are some benefits of using a rental agreement service in Kolkata:

• Customizable rental agreement templates are available for use.
• They help in registering the document online, this saves time and is hassle-free.
• They assist with stamp duty and registration processes.
• A list of documents required for the registration will be shared with tenants and homeowners. This ensures that you are well-prepared for submitting the rental agreement.
• Offers help with easy transactions between the tenant and the homeowner for the rent amount.
• Provides you with an instant Online Rental Agreement, no more waiting in long queues in government offices.

 What are the types of rental agreements in Kolkata?

• 11-month Rental Agreement: The 11-month rental agreement is one of the most often implemented rental agreements in the country and is typically used in most rental transactions. The lease has an 11-month period after which both parties may decide to renew or terminate it. Most of the time, registration and notarization are omitted because the term is under a year.

• Long-term Lease Agreement: Long-term leases, which are frequently signed for residential use, are measured in years. Large upfront payments are required, and the money is frequently refunded to the renter at the end of the lease. Compared to the 11-month rental arrangement, they are used less frequently.
• Commercial Lease: Commercial leases are only signed for business transactions and cover significant financial amounts of time. The structure of commercial leases is very different from that of residential leasing agreements. They don’t have a set format because requirements and clauses differ depending on the type of business.

 What are the common mistakes to avoid when creating a rental agreement in Kolkata?

A registered rental agreement is the only way to protect the rights of both the tenant and the homeowner, and that’s why it has to be drafted carefully. The following are some of the most common mistakes made while creating rental agreements in Kolkata-

• Failing to mention key components: The absence of crucial provisions in the rental agreement, such as the amount of the rent, the security deposit, and the maintenance obligations, may result in future disagreements and legal problems.
• Mistakes in the identity of the parties: To prevent confusion and misunderstandings later on, it is essential to identify the parties involved and their respective roles accurately.
• Ambiguous Language: Using unclear or ambiguous language in the agreement can create confusion and disagreement between the parties involved.
• Not mentioning Duration and Renewal Options: To promote clarity and avoid misunderstanding, it is crucial to include information about the rental agreement’s duration as well as any alternatives for renewal.
• Ignoring additional issues: Leaving issues like pets, subletting, or modifications to the property unaddressed can result in arguments and disputes between the tenant and the homeowner.
• Using a Generic Template: Using a generic rental agreement template may not comply with the specific laws and regulations related to rental agreements in Lucknow and could lead to legal issues in the future.

 What are the rights and responsibilities of tenants and landlords under a rental agreement?

According to the Rental agreement in Kolkata, the tenant and the homeowner have their own rights and responsibilities. These include:

Tenant’s Rights:

• A tenant has the right to occupy the rented property peacefully, without any interference from the landlord. 
• The landlord cannot evict the tenant without following the legal process. A tenant has the right to receive a receipt for the rent paid.
• The tenant has rights to basic necessary utilities like water and electricity. The homeowner cannot cut these utilities to threaten or evict the tenant.

Homeowner’s Rights:

• A landlord has the right to receive rent on time and access the property for inspection or repair purposes with prior notice to the tenant. 

• The landlord can evict the tenant if the rent is not paid on time or if the tenant violates any of the terms of the agreement.

• The owner of the property has the right to demand that any damages caused by a tenant during the tenancy be repaired.

Tenant’s Responsibilities:

• A tenant is responsible for paying the rent on time and taking care of the property.
•  A tenant should not carry out any illegal activities on the premises or cause any damage to the property.
• The tenant is in charge of keeping the home clean and making sure all the amenities are protected and in good condition.

Homeowner’s Responsibilities:

•  A landlord is responsible for maintaining the property and ensuring that it is in a habitable condition.
• The landlord should not interfere with the tenant’s peaceful enjoyment of the property.