Are you renting a flat?

 Renting a flat may seems to be a huddle and once you find your dream home, you should not forget to legally complete the required formalities 

1. Physical inspection  of the flat

2.Maintenance charges

3.Brokerage discussion

4.Facilities in the society

5.Rent increase percentage

Legal documents

You need to get your legal formalities completed under Registration Act. 

 As per the Registration Act, it is compulsory for lease agreements of immovable property to be registered, which are more than 11 months duration. Under certain Rent Control Legislation, it may be mandatory in some states to get a rent agreement registered irrespective of its duration.

Here’s a look at some of the important points to keep in mind before you rent that home.

1. Maintenance Charges - Clauses of annual and monthly maintenance can be a big issue of dispute between owner and tenant. So, a tenant should be well-informed about conditions before renting the flat. Regular maintenance aspects such as water taps, electricity boards and wiring might not be on the top of your checklist, but heavy interior or outdoor damage repair and colouring of walls can turn into a matter of debate. Hence, these must be discussed right away.

2. Brokerage commission discussion - If the apartment is being finalized through a broker, the commission amount should be discussed in the beginning as it can vary from half a month’s rent to a full month’s rent. It varies from city to city and it is advisable to go through an organized broker to avoid any harassment later.

3. Facilities in society - Choosing a flat in a society is more challenging than taking one in a builder floor. The owner needs to inform the tenant about all types of paid and unpaid services to the tenant. Extra parking venue, conditional club use, swimming pool, door-to-door service charges, RWA etc. could cost you more later if the builder has missed mentioning these initially.

4. Lock-in period and rent increase percentage after expiry of contract - Lease agreement between tenant and owner should clearly mention about minimum lock-in period (the minimum stay duration) such as six months, one year or three years. Typically, this lock-in period is one year. Also, at the time of vacating the flat, notice period, adjustment of advance security and electricity bill payment should be discussed. For this reason, the lease agreement should be read carefully and confusion should be clarified before moving into the house. The discussion related to the percentage increase in the rental amount must be taken up at the time of signing the agreement. The permitted hike in rent and the period after which a hike is justified are governed by Section 6 and 8A of Delhi Rent Control Act.

5. Flat documents - Before taking an apartment or flat of your choice through the broker or directly from the owner, you must make sure the property is free of any fraud or title issue. You can request for documents such as chain of title transfer, last paid electricity and water bills, overall layout and provision of changes (if any), relations of owner with the broker (if any) and basic know how of the last tenant who lived there.

So next time you rent a home, make sure that you refer these tips. You can also connect with Tabish Sarosh & Associates the law firm actively support in term of Free Legal assistance- and legal help to the victim of sexual abuse and always take legal stand for the legal rights of child and women …contact us for 24 hours free legal assistance at 9971695444