To avoid these fees, many landlords and tenants mutually agree not to register the agreements. If you want to register a rental agreement, tenants and landlords can agree to share their costs. On the other hand, a lease is advantageous for a lessor because it offers the stability of long-term guaranteed income. It is advantageous for a tenant because it is stuck in the rent amount and length of the rent and cannot be changed, even if the real estate values or the rent increase. Note here that notarized certified rentals are not identical to registered documents. In the event of a dispute between the landlord and the tenant, the court will not accept a notarized agreement as proof. It is therefore important to register the rental agreement correctly. Most leases are signed for 11 months so they can avoid stamp duty and other fees. Under the Registration Act of 1908, registration of a lease is mandatory if the tenancy period is more than 12 months. If an agreement is registered, stamp duty and registration tax must be paid. For example, in Delhi, for a lease of up to five years, stamp paper costs 2% of the total annual rent of one year.
Add a flat fee of Rs100 if a security deposit is part of the agreement. For a lease of more than 5 years but less than 10 years, it represents 3% of the value of the average annual rent for a year. For 10 years and more, but less than 20 years, it is 6% of the value of the average annual rent of a year. The stamp paper may be in the name of the tenant or landlord. In addition, a flat-rate registration fee of EUR 1,100 million must be paid by the draft application (DD). The registration of the contract becomes mandatory if the duration of the tenancy is equal to or greater than 12 months. Unlike an 11-month agreement that remains legally valid despite the absence of registration, a lease for a period of 12 months or more would be null and void if it is not registered. The formula for calculating stamp duty on the lease is 0.25% x D, of which D (monthly rental x number of months) – (pre-rent for the period/non-refundable down payment) – (10% x refundable deposit x number of years of contract). Repairs: The agreement must mention who bears the costs associated with wear and tear. The registration fee for a rental contract in Maharashtra, depends on the location of the rental. The registration fee is Rs 1,000 if the property is below an urban corporate area and it is 500 aff. if this is the case in a rural area.
In the absence of a contrary agreement, the tenant bears the costs of stamp duty and registration. In Anthony v. KC Ittoop and Sons, the Supreme Court ordered that a lessor not be able to dismiss a tenant for at least five years if the tenant paid the rent on a regular basis in accordance with the agreement between the two parties. However, if the landlord wishes to use the premises for personal use, he can throw the tenant out.