Create Your Rent Agreement in Delhi Online
What is a Rent Agreement?
A Rent Agreement is a written contract between the landlord (the owner of the property) and the tenant (the person taking the property on rent). It defines the terms and conditions under which the property is leased, including rent amount, duration, maintenance responsibilities, and other obligations of both parties.
Such agreements are governed by the Indian Contract Act, 1872, and where applicable, the Delhi Rent Control Act, 1958, and the Registration Act, 1908.
Why You Need a Rent Agreement in Delhi
A rent agreement plays a crucial role in establishing a transparent and lawful relationship between the landlord and the tenant. It serves as a legally binding document that protects the interests of both parties by clearly outlining the terms and conditions of the tenancy.
It specifies key details such as the
- rent amount,
- duration of the lease,
- responsibilities related to maintenance, and
- other essential obligations.
This helps in avoiding any potential disputes or misunderstandings during the tenancy.
Draft Your Rent Agreement with Us
Why Choose DigiLawyer?
At DigiLawyer, we make renting easy by providing legally valid and hassle-free rent agreements. Our experts ensure that every agreement follows Indian rental laws, protecting both landlords and tenants. With a quick online process, fair pricing, and legally verified documents, we help you avoid disputes and rent with confidence.
Documents Required for Rent Agreement Registration
To execute a valid rent agreement, the following documents are generally required:
- Landlord’s ID Proof (Aadhaar, PAN, etc.)
- Tenant’s ID Proof
- Ownership Proof of the Property (electricity bill, property tax receipt)
- Photographs of both parties
- Passport-size photographs
- PAN card of both parties (if registering)
Delhi Rent Control Act
In Delhi, rental arrangements are primarily governed by:
- The Delhi Rent Control Act, 1958: Governs the tenancy agreements and provides protection to tenants from arbitrary eviction and excessive rent.
- The Indian Contract Act, 1872: Applies to rent agreements in the absence of specific provisions under rent control laws, ensuring enforceability of contractual terms.
For properties rented at higher market rates or short-term lease agreements (usually 11 months), the Rent Control Act may not apply, but the Contract Act ensures legal validity.
Stamp Duty on Rent Agreement in Delhi
In Delhi, the stamp duty for rent agreements is typically:
- ₹100 for agreements up to 11 months (if not registered).
- For longer durations or registered agreements, stamp duty is calculated as a percentage (generally 2% of average annual rent + deposit).
Registration is optional for 11-month agreements but mandatory if the term exceeds 12 months.
Important Clauses in a Delhi Rent Agreement
When drafting a rent agreement, ensure the following clauses are included:
- Parties’ Details: Includes the full names and permanent addresses of both the landlord and the tenant. This identifies the legal parties entering into the agreement.
- Property Description: Specifies the exact address and nature of the rented premises. This ensures there is no confusion regarding the rented property.
- Rent Amount & Payment Terms: Mentions the agreed monthly rent, payment method, and due date. This sets clear expectations for financial obligations.
- Security Deposit: States the deposit amount, refund conditions, and permissible deductions. It provides financial security to the landlord and clarity to the tenant.
- Duration & Renewal: Indicates the start and end date of the tenancy, with provisions for renewal. This defines the period of occupancy and future continuation options.
- Maintenance Responsibilities: Allocates responsibility for routine and structural maintenance. Clarifies who is liable for repairs during the tenancy.
- Utility Bills: Specifies who will bear charges for electricity, water, gas, and other utilities. Helps avoid conflicts over shared or individual utility payments.
- Termination & Notice Period: Provides terms for ending the agreement and the notice of duration required. This offers a structured and lawful exit process for both parties.
- Lock-in Period (if any): Details the minimum period during which neither party can terminate the agreement. This safeguards against early termination and loss of income.
- Restrictions: Lists any prohibitions on subletting, property alterations, or commercial use. These conditions help protect the property and ensure compliance with usage of terms.
Types of Rent Agreements in Delhi
Rent agreements can vary based on the nature of the property being rented. The two most common types are:
1. Residential Rent Agreement
This type of agreement is used when a property is leased for residential purposes such as houses, apartments, or flats. It outlines the terms for peaceful living, including usage, rent, and maintenance responsibilities.
2. Commercial Rent Agreement
This agreement is executed for renting commercial spaces like shops, offices, showrooms, factories, or warehouses. It includes terms related to business use, permissible activities, and commercial rent obligations.
How to Make a Rent Agreement in Delhi
Creating a rent agreement in Delhi involves a few essential steps to ensure it is legally valid and mutually agreed upon:
- Draft the Agreement: Begin by drafting the rent agreement with all necessary clauses such as rent, duration, security deposit, maintenance, and notice period.
- Use Stamp Paper: Print the agreement on non-judicial stamp paper of appropriate value. In Delhi, the typical stamp duty is 2% of the average annual rent.
- Sign by Both Parties: The landlord and tenant must sign the agreement along with two witnesses, who also need to sign and provide identification details.
- Police Verification (Recommended): Landlords are advised to carry out police verification of the tenant by submitting the required form at the local police station or online through the Delhi Police portal.
How to Register a Rent Agreement in Delhi
Registering the rent agreement is not mandatory for agreements up to 11 months but is legally advisable for longer durations or when either party seeks added legal enforceability.
- Prepare the Agreement: Ensure the rent agreement is properly drafted and printed on the required stamp paper.
- Calculate Stamp Duty and Registration Charges: Stamp duty in Delhi is typically 2% of the annual rent plus a nominal registration fee.
- Visit the Sub-Registrar’s Office: Both parties, along with two witnesses, must visit the local Sub-Registrar’s office with original ID proofs, passport-sized photographs, and a copy of the property ownership document.
- Biometric Verification and Submission: Signatures and biometric data are captured at the office, and the agreement is submitted for registration.
- Collect the Registered Agreement: Once processed, a certified copy of the registered rent agreement is issued, which holds strong legal value in courts.
FAQs Related to Rent Agreement in Delhi
No, registration is not mandatory for agreements up to 11 months, but it’s advisable for legal protection.
Usually, rent agreements are made for 11 months to avoid mandatory registration.
Stamp duty is typically 2% of the average annual rent.
It depends on mutual agreement, but tenants often bear the cost.
ID proofs, passport-sized photos, and property ownership documents are commonly required.
Yes, online drafting and e-stamp services are available, but registration must be done offline.
Not compulsory, but notarizing an unregistered agreement adds authenticity.
It may not be admissible in court for enforcement of certain terms in long-term leases.
The following are the clauses included in rent agreement
- rent,
- duration,
- security deposit,
- notice period,
- maintenance,
- Restrictions, etc.
Yes, it can be renewed with mutual consent by executing a fresh agreement.
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