While the exact terms of a lease will differ based on many factors, such as location of the rental property, there are certain basic clauses all landlords should include in their leases. These provisions answer the questions who, where, when, what and how.
LCAR Unit 14 - Real Estate Brokerage - 14th Edition Revised
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.
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.
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