Rent Agreement and Lease Agreement

A lease or a rental agreement is a vital legal document that should be completed before a landlord renting a property to a tenant. While both agreements are comparable, they are not the same and it is important to understand the differences. The major difference between the two is duration.

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Residential Rental Agreement

What is a lease?

A lease is a contract or an agreement under which one party agrees to rent the property owned by another party. It guarantees the lessee, also identified as the tenant, the use of an asset and supports the lessor, the property owner or landlord, regular payments for the period of exchange. Both the lessee and the lessor face consequences if they fail to upload the terms of the contract.

Lessor- A lessor is the owner of an asset that is rented under an agreement to the lessee. Here the lessee makes a one-time payment or a series of periodic payments to the lessor in return for the use of the asset.

Lessee- A lessee is a person who rents land or property from a lessor. They are also known as tenants, may have different restrictions depending on the space, as is the case with commercial and residential properties.

What is a lease agreement?

A lease agreement is a contract between a landlord and a tenant that covers the terms of renting out a property, for some time, usually 12 months or more. The lease agreement also includes the responsibilities of both parties, and it involves all the required information to ensure that both parties are protected.

Advantages of Lease and Rental Agreement

Fosters Business Relationships
A general agreement, protecting the benefits of both the landlord and the tenant, is important to a good business relationship among the two parties.

Legal Protection
When a deal includes such a huge asset, it will require a document in place that grants legal security, in case any action of the opposing party denies its terms.

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Benefits of the lease agreement

    • Liquidity: The lessee can use the asset to obtain cash, without spending money on the asset. He/she can employ funds for capital needs.
    • Convenience: Leasing is easy for financing fixed assets. No mortgage or hypothecation is required. Restrictions included in long-term borrowings from financial institutions are avoided. Formalities connected in leasing are much less than in case of borrowings from financial institutions.
    • Time-saving: The asset is available for use immediately without loss of time in applying for the loan, waiting for approval and sanction, etc.
    • Cost-saving: Lease rentals are deductible from taxable income. The lessee has a lower obligation in bankruptcy than under debt investment.

When to use a lease and rental agreement?

    • The owner or property manager, who wants to rent or lease the property to one or more residential tenants.
    • The tenant will occupy or maintain the property for a fixed term or periodic terms, such as week-to-week, month-to-month, or year-to-year tenancy.
    • You want an agreement that protects your property from careless tenants with options for security deposits, co-signers, standard fees, and sharp responsibilities.

Checklist requirements for lease and rental agreement

    • Names of all the tenants.
    • Limits of occupancy.
    • Terms of the tenancy.
    • Should specify the amount of rent.
    • Security deposits and fees.
    • Repairs and maintenance.
    • Entry to rental or lease property.
    • Restrictions on tenant illegal activities.
    • Allowance of pets.
    • Other restrictions by the landlord.

What is a rental agreement?

A rental agreement is an agreement or a contract between an owner and the one who gets a temporary possession over anything rented by the owner. The rental agreement could be concerning anything. It could be real estate, vehicles, personal properties or things such as musical instruments, clothes or things like skates or shoes, CD, DVD, or digging machines tools or appliances.

A rental agreement is calculated as a monthly basis. It is a possession of a short period usually of 11 months. For these monthly rents are charged by the landlord and the tenant handles it according to said terms of the agreement.

The rental agreement is a contract of rental which is written among the owner of the property and a renter who desires to have temporary possession of the property. It is distinguished from a lease, which is more typical for a fixed term. The agreement identifies the parties, the property, the term of the rental, the amount of rent for the term. This is typically known as the written agreement involved to specify the terms of the rental, which are organized and managed under contract law.

Rental Agreement Format

A rental agreement is a legal document and also known as the contract between the landlord, owner of the property, and the tenant for a fixed period, that contains the pre-discussed norms and requirements under which the tenant has temporary ownership of the property. The rental agreement is also found online, where you can register the format and apply for it.

This agreement has to be followed by both the landlord and the tenant. Moreover, the tenure of the agreement can be replaced if the owner of the property wishes to. The terms and requirements of the contract or agreement can be modified according to the understanding between the tenant and the landlord. Unless registered, this notarized contract is not legally binding. Therefore, to register the same, the tenant is required to pay stamp duty and registry charges on the agreement.

Security Deposits for the rental agreement.

In India, security deposit or advance is also paid by the tenant to the landlord which is to be returned at the time when the contract has expired. Usually, it is estimated anywhere from 2 or 3 months to up to 10 months of the rent. Security deposits are provided at the time of signing the contract.

A part of the security deposit can be used by the landlord towards any damages caused to the furniture, appliance, electricity, or the property itself, by the tenant. After deducing the security deposit towards damages, the landlord is to return the remaining amount to the tenant at the time of the cancellation of the contract.

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Contents of a lease and rental agreement

The following points are the contents of a lease agreement:

    • Names of the lessor and lessee.
    • Summary of the property.
    • Cost of rent and due dates, grace period, late charges.
    • Mode of rent payment.
    • Methods to terminate the agreement before the expiration date, and charges if any.
    • Amount of security deposit and the account.
    • Utility furnished by the lessor and, if the lesser charges for such utilities, how the charges will be determined.
    • Amenities and equipment on the premises which the lessee is entitled to use, such as swimming pool, laundry or security systems.
    • Rules and guidance such as pet rules, noise rules and the penalty for violation.
    • Identification of parking facilities, including allocated parking spaces, if provided.
    • How tenants repair requests are managed, and procedures for emergency requests.
Common terms included in a lease and rental agreement
    • Duration: Time for which the lease agreement will be in effect.
    • Rent: The payment made by the lessee to the lessor in exchange for the property leased out.
    • Deposits: The amount of deposit required, the purpose of each deposit, and conditions for return or adjustment of deposit at the end of the lease period.
    • Terms of Use: The purpose for which the property is to be used and terms and conditions regarding the use of the property.
    • Utilities: Which services are involved in the rent, and which utilities the tenant is accountable for.
    • Insurance: Whether the lessee is required to ensure the property, which is commonly used in commercial rental agreements.
    • Repairs and Maintenance: Party responsible for renovations and maintenance of the property lessor or lessee.

Documents to be presented by the landlord for registration

    • Original copy of proof of ownership of the landlord’s property.
    • Copy of 2 recently taken passport size photos.
    • An Aadhar card or its receipt while applying for it is mandatory.
    • Any government-issued ID proof- driving license, voter’s ID, passport etc.
    • The rental agreement that is printed on the stamp paper of the recommended value.

Documents to be presented by the tenant

    • 2 passport size photos.
    • Aadhar card or the receipt received while applying for it. If the person is not Indian, then he/she has to submit the original passport.
    • ID representing another person for the registration, then a Power of Attorney should be presented.

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FAQs on Rent and Lease Agreement

The decision to lease vs. rent, depends on what you need. If the asset is essential to your business and you need it there all the time then leasing is your most suitable option. Renting for a precise term period may cost more, but the whole cost to you will be more economical since you won't have the asset for many years.
Typically, a rental agreement is done by the real estate agent hired by the landlord and the tenant. To validate the agreement, both the landlord and the tenant ought to sign the agreement in the presence of two people who are non-beneficiaries of the property, and will sign on the agreement as a witness.
If a landlord would like to terminate a lease when its term expires, some states require the landlord to give notice to the tenant even though the lease already specifies the termination date. 60 days is normally sufficient notice for a tenant to find a new rental.
A deed of a lease is the formal document entered into a commercial property by the tenant and the landlord, after an agreement to the lease is signed. It is prepared based on the information entered on the agreement to lease, after the terms of the contract have been reached by the landlord and the tenant, whether oral or in writing.
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