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Rent and Lease agreements in Kerala, India, typically encompass several key elements and legal considerations. Here's an overview:
Type of Agreement:
Rent Agreement: Usually short-term, often 11 months, and does not confer ownership rights to the tenant.
Lease Agreement: Longer term, can extend to several years, and sometimes provides more rights to the lessee, including modification rights to the property in some cases.
Legal Framework: Governed by the Indian Contract Act, 1872, and specific state laws like the Kerala Buildings (Lease and Rent Control) Act, which regulate rental arrangements and tenant-landlord relationships in Kerala.
Contents of the Agreement:
Identification of Parties: Names and details of the landlord (lessor) and tenant (lessee).
Description of Property: Detailed description of the rental property, including address, type of property, and area.
Rent and Security Deposit: The monthly rent amount, due date, mode of payment, and security deposit details.
Term of Tenancy: Duration of the lease or rental, with start and end dates.
Renewal Terms: Conditions under which the agreement can be renewed.
Maintenance and Repairs: Responsibilities for property maintenance and repairs.
Restrictions: Any restrictions like pet ownership, subletting, etc.
Termination Clause: Conditions under which either party can terminate the agreement.
Registration and Stamp Duty:
Lease agreements, especially for a duration longer than 11 months, need to be registered with the appropriate government authority in Kerala.
Applicable stamp duty must be paid, which is a percentage of the total rent for the lease period or the market value of the property.
Rights and Obligations:
Landlord: Right to receive rent, inspect the property with prior notice, and take possession post-tenure.
Tenant: Right to peaceful enjoyment of property, receive receipts for payments, and get the deposit back at the end of the tenancy.
Dispute Resolution: The agreement should include clauses for resolving disputes, which may involve arbitration or legal proceedings as per Kerala's jurisdiction.
Notices and Communication: Specifies how notices and other communications between the landlord and tenant should be delivered.
These are general guidelines, and the specific terms can vary based on individual agreements. It's always recommended to have legal assistance while drafting or signing such agreements to ensure compliance with local laws and regulations.
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