3 Ways in Which a Lease could be Terminated

In India, the landlord-tenant association is regarded as a jural relationship and is regulated by the provisions of the Transfer of Property Act, 1882 (Act). When it comes to a landlord/tenant connection, the parties are typically observed as a lessor (landlord) and lessee (tenant). The contract under which the landlord-tenant relationship is tied is a lease agreement. 

A real estate lease contract is a binding agreement between you and your landlord. Thus, if you feel the need to prematurely terminate your lease, there will be consequences – legally and financially. There are many reasons that can be used to end a lease, but the majority of them will not offer you legal relief from your landlord. 

Occasionally, after signing a rental agreement or lease, a tenant may feel the need to leave the rental unit prematurely for several reasons. In the same way, a landlord can terminate the lease under specific circumstances. It is vital to adhere to state laws, as well as specifications that are listed within the lease, for delivering notice of intent to end a lease. 

Usually, lease termination in India can happen for a variety of reasons and by both the parties – landlord and tenant 

Termination of Lease by Tenant 

Since a lease is bound by an agreement, tenants have to adhere to the length of the tenure specified. This means that they are accountable for paying the rent stated during the duration of the lease. There are exceptions to this rule, especially if the landlord breaks or violates the lease. 

If the landlord breaches the terms of the lease, particularly health and safety codes, the tenant may be able to leave without giving notice or providing less notice than needed. In case there is a natural disaster or significant impairment to the property, it prevents the tenant from continuing to stay in the rental unit. However, if the tenant violates a lease without a legally protected reason, the landlord is entitled to sue for damages.

Termination of Lease by Landlord 

A landlord is able to legally end a lease if the tenant violates the terms of the lease or has broken the law. The violation by the tenant needs to be significant like late rent or having a pet despite the rule stating ‘no pets allowed on the premises. Other violations of the law, like selling drugs on the premises also justify the landlord’s decision to terminate the lease. 

The landlord needs to first dispatch a termination notice to the tenant, thereby making it clear that the tenancy has ended. The tenant may be offered time to amend the violation, by paying outstanding rent, for instance. There will be a notice that declares that the tenant needs to move out of the premises or risk eviction. 

Issues Pertaining to Security Deposit 

Generally, the landlords have about two weeks to one month to give back the tenant’s security deposit amount after the lessee vacates the rental premises. Landlords may subtract from the tenant’s security deposit for legitimate reasons. Deductions need to be shown in a written document and itemized, and the payment needs to be refunded for any deposit balance. It is vital to check with the landlord if the deductions are not accurate. Any agreement reaches needs to be logged in writing. 

In a nutshell, there are many ways in which a termination of a lease agreement India can happen. If you wish to know the leasing status of many companies across the country, check out CRE Matrix and its many tools for it is the leading real estate data analytics company India.

For more such exciting analysis and details on real estate, visit our website www.crematrix.com.

7 Crucial Points to Keep in Mind before Signing a Rental Agreement

Renting a home in India can be quite complicated because of the research and the planning required. If you wish to rent a home in India, it is extremely vital that you’re aware of what to look for prior to signing a rental contract

There are numerous elements that can be included in a rental agreement, and not all of them are beneficial to the tenant. In this article, we will talk about some of the most vital things you need to check before signing a rental agreement in India. 

What the Rent Includes

You need to thoroughly check the rental contract. Generally, the monthly rental amount typically comprises utilities such as electricity, water, and gas. However, be sure to check if it also contains maintenance charges and property taxes. 

Kinds of Tenancy

There are two kinds of tenancy agreements in India – the leave & license agreement and the lease agreement. A leave & license agreement consists of a duration of 11 months, after which it can be renewed. A lease agreement has the lease tenure for up to at least 12 months and can be renewed once the term is over. 

Notice Period & Penalty

If you’re looking at homes for rent India, one of the most important things to look at would be the notice period and penalty. The majority of the rental agreements have a minimum notice period of 30 days (one month). If you wish to leave earlier, make sure to check if there is a clause that talks about an early exit fee. Generally, one month’s rent would be charged as a penalty. 

Rent & Deposit

It is important to check the monthly rent amount. Ensure that the rent is budget-friendly for you and that it is light in your pocket. It is also imperative that you check the amount for the security deposit. This is generally one month’s rent but it can change depending on the landlord the agreement can differ depending on the landlord. The contract will state the monthly rental amount and the security deposit. Be sure the rental amount is aligned with the relevant market rates. 

Register the Rental Agreement 

Once you have signed the rental contract, ensure that it does get registered at the office of the sub-registrar. The fees for the registration are generally around 0.25% to 0.50% of the entire sum of the agreement. 

Check for Lock-In Period 

The majority of the contracts have a lock-in period of approximately 3 years. This means that you cannot exit the property before this period is over. 

Duration of Rent 

When you’re looking at available flats for rent in Mumbai, it is imperative to look for the length of the lease in the rental contract. The tenure of the lease is generally around 11 months, after which it can be renewed. Be sure to check if there are any clauses that state an escalation in the rent after the initial first year. Make sure to enquire about it before you sign anything. 

If you wish to know more about the various residential projects by a number of developers across India, then subscribe to CRE Matrix, a leading real estate data analytics company in India, as they can offer several tools to facilitate this. 

For more such exciting analysis and details on real estate, visit our website www.crematrix.com.