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Pranav Pandya, Franchise Development Manager, RE/MAX
Gujarat
WHAT ARE LEASE, TENANCY AND
HOUSE RENT AGREEMENTS AND
HOW TO NEGOTIATE THEM
RE/MAX Gujarat
Lease
 Transfer of the right to use the property.
 For a specified period/for perpetuity
 Can’t evict the leaseholder while the lease is
in existence unless termination provision.
RE/MAX Gujarat
What if a lease leads to a tenancy?
RE/MAX Gujarat
Leave and License
RE/MAX Gujarat
Advantage of leave and licence
RE/MAX Gujarat
deed or leave and license
agreement?
 Find out who is the actual owner
 It is crucial that a leave or license or lease agreement
is signed only with the real owner of the house.
 It is more difficult to trace ownership of agricultural
land
 If the person leasing the property is not the owner of
the land, find out if he has the authority to lease it.
RE/MAX Gujarat
 Renting out mortgaged property
 Term of the agreement
RE/MAX Gujarat
Termination clause and notice
period
 Most property related disputes between landlord
and occupant usually take place over termination
and eviction.
 long notice periods and lock in periods
 One month and three month notice period are
most common in India
RE/MAX Gujarat
Important Clauses
 Lock in clause
 Sub-letting clause
 Payment clause
 Increase in rent clause
 Guarantor Clause
 Maintenance/association charges clause
RE/MAX Gujarat
Important Clauses
 Wear and tear clause
 Clause for furniture and fixtures
 Clause on associated facilities and
amenities
 Security deposit clause
 Repair works during occupancy
RE/MAX Gujarat
Important Clauses
 Wear and tear clause
 Clause for furniture and fixtures
 Clause on associated facilities and
amenities
 Security deposit clause
 Repair works during occupancy
RE/MAX Gujarat
Important Clauses
 Clause for tax liability
 Dispute resolution clause
 General nuisance clause
 General points of concern regarding leasing or
renting of any nature

Thank You

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Lease tenancy and house rent agreements and their negotiation

  • 1. Pranav Pandya, Franchise Development Manager, RE/MAX Gujarat WHAT ARE LEASE, TENANCY AND HOUSE RENT AGREEMENTS AND HOW TO NEGOTIATE THEM
  • 2. RE/MAX Gujarat Lease  Transfer of the right to use the property.  For a specified period/for perpetuity  Can’t evict the leaseholder while the lease is in existence unless termination provision.
  • 3. RE/MAX Gujarat What if a lease leads to a tenancy?
  • 5. RE/MAX Gujarat Advantage of leave and licence
  • 6. RE/MAX Gujarat deed or leave and license agreement?  Find out who is the actual owner  It is crucial that a leave or license or lease agreement is signed only with the real owner of the house.  It is more difficult to trace ownership of agricultural land  If the person leasing the property is not the owner of the land, find out if he has the authority to lease it.
  • 7. RE/MAX Gujarat  Renting out mortgaged property  Term of the agreement
  • 8. RE/MAX Gujarat Termination clause and notice period  Most property related disputes between landlord and occupant usually take place over termination and eviction.  long notice periods and lock in periods  One month and three month notice period are most common in India
  • 9. RE/MAX Gujarat Important Clauses  Lock in clause  Sub-letting clause  Payment clause  Increase in rent clause  Guarantor Clause  Maintenance/association charges clause
  • 10. RE/MAX Gujarat Important Clauses  Wear and tear clause  Clause for furniture and fixtures  Clause on associated facilities and amenities  Security deposit clause  Repair works during occupancy
  • 11. RE/MAX Gujarat Important Clauses  Wear and tear clause  Clause for furniture and fixtures  Clause on associated facilities and amenities  Security deposit clause  Repair works during occupancy
  • 12. RE/MAX Gujarat Important Clauses  Clause for tax liability  Dispute resolution clause  General nuisance clause  General points of concern regarding leasing or renting of any nature 