Table Of Content
- When can a Rent Agreement expire in India?
- What can you do if you are a Landlord or a Tenant?
- How long a Tenant can stay after the Lease expires in India?
- Is a Lease valid after it expires?
- Disadvantantages of not a having a written Rental Agreement
- What happens id Rent Agreement is not renewed?
- How to renew a Rent Agreement online?
- How much does Lease renewal cost?
- Frequently Asked Questions
What happens if one fine day your Landlord comes and brings you to reality that your Rent Agreement has expired and you need to vacate that property at the earliest. Scary right! This can become a real life example for others if you stop keeping a track of your Agreement completion. But what if it actually gets expired? What can you do then? Well then let’s dive into this below:
When can a Rent Agreement expire in India?
Rent agreement gives power to a tenant to reside in a foregin property that is not owned by him/her. If the document gets expired then automatically the tenant has to move out of the property. Mainly 11 months rental agreement is what Landlords go for as they are saved from paying hefty registration charges if the agreement is of more than 12 months . If the Rent Agreement expires in India then the tenant will get a notice of vacancy from the owner itself.
What can you do if you are a Landlord or Tenant?
Let’s find it below what powers does both parties hold after the tenure period gets over:
|If You are a Landlord||If You are a Tenant|
|Can renew the agreement again with the mutual consent of the tenant.||If the tenant wants to continue the agreement then they can ask for a renewal from the landlord.|
|Can make changes in the agreement such as raise in rent, changes in the notice period, etc.||It is understandable that the tenant can discontinue the agreement if the landlord increases the rent in the fresh agreement.|
|Put his property on sale after the tenure of the agreement gets completed.||Can make changes to the agreement if he/she wants with the mutual understanding of the landlord.|
|Discontinue the Agreement if it does not find it feasible to continue it further.||Can continue as for the tenant the place is feasible and comfortable according to his/her preference.|
How long can a Tenant stay after the Lease expires in India?
If lease is not renewed then the simplest way for the Landlord to do away with the tenant is to give at least 15 days notice to vacate the property. Generally, the expired rent agreement is renewed or the tenure is extended with the consent of both the landlord & tenant.
Is a Lease valid after it expires?
When the agreement gets wind up with that the validity of that lease also dissipates. There are many incidents where termination of lease before expiry is the option that is left for both the parties. The incidents are as follow:
- Disputes between the Landlord & Tenant.
- If the tenant accepts a new agreement of his choice & comfort then he/she can terminate the present agreement.
- Tenant fails to pay the rent on time for a couple of months in a row.
- Any illegitimate activity that is beyond the control of the Landlord and is against the home agreement rules is also a reason to discontinue rental agreement.
- Continuous complaints of the annoyed neighbors from the noise made by the tenant.
- Among thousands that one peculiar reason due to which the tenants get their eviction without lease agreement is when there are more damages to the owners property
Disadvantages of not having a written Rental Agreement
There are cases where a new rent agreement is established even in the absence of a written one; it is more of a virtual agreement. This is a way that can be hazardous for both parties. Denial of duties is what happens when you have a virtual agreement instead of a written. For example, Landlord can raise the Rent even without consulting you because there is no proof to prove your point at that time.
Below are some of the cons of not having a written rental agreement.
- Misunderstandings and disputes between parties
- Lack of clarity on the terms of the agreement
- Difficulty enforcing the terms of the agreement in court
- Lack of legal protection
- Difficulty proving the terms of the agreement in the event of a dispute.
What happens if Rent Agreement is not renewed?
Suppose that you’re the tenant and want to get your home agreement paper renewed but the landlord refuses to get it renewed as that rental property is up for sale. So what options do you have?
Ask the Landlord the reason, Requesting him to let you live in that place as it is feasible for cost and comfort, or you can simply ask for 15 days for vacating the property. If lease agreement is not renewed then the tenant has to legally leave the property where he/she was occupying. Lease agreement renewal in India, mutually depends upon both the parties, if the landlord and tenant both agree to continue the agreement further.
How to renew a Rent Agreement online?
If the agreement is to be renewed then the old agreement will not come to use and a new agreement need to be prepared online by them. Both the parties can put in there new clause if any; such as the landlord can raise the rent and extend the notice period from 1 month to 2 months.
To create a rent agreement online on edrafter.in, you can follow these steps:
- Step 1: Go to the edrafter.in and click on the “Rent Agreement” on the homepage.
- Step 2: Select the type of rental agreement you want to create, such as a “Draft of Rental Agreement” or “Complete Rental Agreement“.
- Step 3: Fill out the form with the necessary information, such as the names of the landlord and tenant, the address of the property, and the terms of the agreement.
- Step 4: Review the agreement to make sure it accurately reflects the terms of the rental agreement.
- Step 5: Once you are satisfied with the agreement, click on the “Proceed to Payment” button to pay for the service.
- Step 6: After payment is complete, you will receive a draft of your agreement on your mail for your approval and it will be processed once you approve.
Note: These steps may vary slightly depending on the specific website and the type of rental agreement you are creating. It is always a good idea to carefully review the website’s instructions and any legal information provided to ensure that you are creating a legally-binding rental agreement.
How much does Lease renewal cost?
A leased plot’s fee has been set at 5% for both residential and commercial use. The rent in a cooperative housing group will be one percent. The old lease rent plus a 25% increase will be levied if the initial rent was higher than the initial rent under the new lease.
Most people find it easy to get their Rent Agreement renewed as starting from scratch can be tiresome many times. Before getting into an agreement again the parties should decide what terms and conditions they want to add and subtract priorly as it can fire back if one party disagrees with it.
Frequently Asked Questions (FAQs)
It’s important to discuss the situation with your landlord and come to a new agreement or negotiate an extension of the existing agreement.
A landlord may be able to evict a tenant if the rent agreement has expired and the tenant has not vacate the property. However, the landlord may be required to provide notice before proceeding with an eviction.
It depends on the terms of the original agreement and any applicable rent control laws. If the original agreement included a clause allowing for rent increases, the landlord may be able to raise the rent once the agreement has expired.
Yes, unless you and your landlord have come to a new agreement or the landlord has agreed to let you stay on a month-to-month basis, you are still obligated to pay rent.