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What Are The Different Types of Tenancy Agreements in India?

When a property is rented out, a Tenancy Agreement is essential to specify the terms and conditions, that have been approved by both concerned parties and to describe the details of the landlord-tenant relationship. In case of a disagreement, it could end up becoming a basis of conflict. 

What is a tenancy agreement?

A tenancy agreement India is a legal document that elaborates on the terms & conditions of a lease and rent partnership between two people. A tenant is an individual who is allowed to use a property under the rental agreement terms. 

There are several kinds of agreements when it comes to renting or leasing a property. While a rental contract is controlled by the Rent Control Act, the Lease & License agreement is regulated by the Indian Easement Act. Landowners need to know that if the tenant is a danger to society and there is no Tenancy Agreement in place, the landowner can be held responsible.

Let’s look at the different kinds of tenancy agreements in India:

The tenancy agreements in India are categorized into three kinds:

  1. Rent Agreement 
  2. Lease Agreement 
  3. Leave & License Agreement

Rent Agreement

A rental contract is a legal agreement between a property owner and the prospective tenant who wishes to take temporary possession of a particular property. The agreement showcases information, like the name of the property owner and the tenant, description of the property, amount of rent that was approved, late payment fee, grace period, security deposit amount, facilities that the tenant is allowed to use or not, provision and right of parking, property insurance, maintenance & repairs, among many others. 

Whether it is a commercial rent agreement India or a resident rental contract, they are generally for a shorter duration, typically 11 months in India. A rental contract is a brief concord, thereby allowing a trouble-free settlement between the two concerned parties. 

Lease Agreement 

A lease agreement India is typically needed in case of a longer occupancy period. When the landlords wish to avert the fluctuations in sustainable income, they prefer to have the property on lease. The lease agreement is regarded as a contract between the landlord and tenant, where the tenant is issued the right to use the specific property for the computed time frame (usually over 12 months). 

Generally, a leasing contract connects the landlord and the tenant for an approved time span, as opposed to a rental contract. A few leases are for 99 years. Additionally, a lease generates interest in the property, is transferable, and creates inheritable rights. 

Lease & License Agreement 

The Leave & License Agreement is regulated by the Indian Easement Act 1882, and it is not the same as lease and rent agreements. This specific type of contract is a document via which the property of the Licensor is used by the license holder. However, the property is given on the basis of the Lease & License agreement and not on the basis of the tenancy. When no such permission exists, the right for the property would be deemed illegal. 

CRE Matrix, a leading real estate data analytics company India, offers leasing & rental status of numerous companies across sectors on a pan-India basis. 

For more such exciting analysis and details on real estate, visit CRE Matrix.

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3 Elements that Make Micro-Markets Attractive

In the real estate sector, micro-markets are referred to as subdivisions between geographical regions that have their own separate and significant characteristics. These localities generally have properties at present market rates, thereby making them more lucrative to the majority of the city residents who are not seeking extravagant investments.

When a city or area claims its own market with its rates, location, and viability for investors, then the micro-market level is actually where the purchase decisions are carried out. Areas from Andheri-Goregaon to Dahisar in the west or Ghatkopar-Chandivali to Bhandup-Mulund in the central-east corridor are rising as new mini-business hubs resulting in the rise in demand for homes to live closer to workplaces. 

Let’s take a look at 3 key elements that make micro-markets India attractive to those who wish to purchase properties for commercial or residential purposes: 

Excellent Infrastructure & Connectivity:

Historically, it is seen that proper development of infrastructures such as metros, railways, and roads has demonstrated an optimistic effect on the real estate attributes of a city. When commercial or residential properties are located near strategic connectivity points, it does lean towards commanding a higher valuation. 

When you take into account the swift development of infrastructure, these emerging micro-markets in Mumbai are developing rapidly as realty hotspots for residential or commercial projects. Companies are now moving their workplaces, thereby helping their employees to save time on their daily commute. This is why a 2 BHK flat in Andheri tends to be rated higher as Andheri is a micro-market in Mumbai with it being a hub for residential and commercial properties. 

Fair Real Estate Rates 

The emerging micro-market belt of suburban regions continues to be a hot favourite among buyers who are seeking to be a part of India’s financial hub and economic development. The transportation infrastructure economies have often demonstrated a positive effect on a city’s property market as commercial and residential properties near transportation hubs have an inclination to ask for a premium rate. 

Moreover, all the transport network actions boost the adjacent real estate micro-markets. These regions also provide enhanced physical and social infrastructural facilities like hospitals, schools, and shopping malls which have added to the increased popularity of these areas. 

Affordability

Budget-friendlyhomes or commercial properties can play a big role when it comes to determining the viability of a micro-market. The newer micro-markets are providing apartments that are lighter on the wallet along with a host of amenities and great infrastructure to become a buyer’s paradise. 

Developers are coming up with projects that offer homes in the range of s 1 Crore to 2.25 Crore bracket and are part of expansive townships with existing social & physical infrastructure along with a sprawling space for greenery and a host of modern amenities. 

In a nutshell, these are some of the factors that can make micro-markets incredibly attractive and lucrative to home buyers as well as for commercial purchases. CRE Matrix is a leading real estate data analytics company India that uses micro-markets to analyze real estate data from numerous companies/brands across industries on a pan-India basis. 

For more such exciting analysis and details on real estate, visit CRE Matrix.

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Key Differences between Lease & Rent: What Should You Opt For?

How many of us were aware that leasing and renting is not exactly the same thing? Thanks to their many similarities, it’s easy to assume that both the terms are one and the same. Until you enter into a leasing or rental agreement India, you will not be able to spot the subtle differences between the two concepts. Even though the two words are frequently used interchangeably, leasing a commercial space is not the same as renting it. 

In this blog article, we aim to educate on some of the key differences between a ‘lease’ and ‘rent’. 

Lease vs. Rent 

A rent contract, a document signed between the tenant and the landlord to make the renting process official, can either be a lease or a license. Whether a tenancy could be carried out via a license or a lease agreement is fundamentally decided by the tenure of the tenancy. 

Under the lease, the landlord is required to transfer the right to make use of the property, to the tenant for a specific period of time in return for the rent. Leasing is typically observed more in the commercial real estate space sector in India. On the other hand, a rental agreement India is regarded as a legal contract where the landlords give their property to a tenant for residential/commercial use for a shorter period. 

Key Differences between Lease & Rent

Here are a couple of differences between leasing and renting based on the following factors:

Parties Involved: When you enter into a lease contract India, the parties involved are referred to as lessor and lessee, whereas in a rental agreement, the relevant parties are known as a landlord and tenant. 

Time Span: A lease is generally agreed upon for a longer duration, i.e. 6-12 months or more as decided by both the parties. On the other hand, rent is for a shorter time frame, i.e. on a monthly basis or it can be up to 11 months. 

Repair Expenditures: The monetary expense for maintenance and repairs has to be borne by the lessee whereas when it comes to a rental agreement, the tenants need to pay for this expenditure. 

Terms & Conditions: In a leasing contract, the terms and conditions cannot be altered once they have been signed and agreed upon by both parties. Nevertheless, if both the lessee and lessor decide to revise some portion of the agreement they will have to get into a lease amending the contract. On the other hand, landlords can modify the terms in a rental agreement arrangement by giving a head’s up to the tenant. 

To sum up, these are four key differences between leasing and renting a residential or office space in India. You can use CRE Matrix – a leading real estate data analytics firm in India – to give you a detailed breakdown of the leasing and rental status of numerous brands/companies across the country. 

For more such exciting analysis and details on real estate, visit CRE Matrix.

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Significant Clauses in Commercial Lease that Tenants Need to Know

When you sign on to a commercial property on lease, a contract for the same needs to be carefully executed and planned. There is generally a massive rental outgo in commercial establishments and therefore, the premises to be taken on rent needs to be completely checked. The rental agreement becomes a vital part of your business and the conditions therein will affect your work and operations, as long as you are on those premises. 

Let’s look at some of the important clauses in a commercial lease India that a lessee should be aware of:

Competitor Clause: It’s imperative that you try to get a competitor clause in the leasing contract. This clause will prevent the landlord from renting out space in the same building, in which you are shifting, to your competitor. This can work out to be extremely useful, especially if you’re a retailer. 

Concessions in Rent: You need to find out if the landlord can offer specific relaxations, such as waiving the rent for the initial one or two months of the lease duration. Landlords can be flexible if the premises have been available for quite some time. Other relaxations can comprise sharing of renovation expenses or a paint job for the premises that will be paid for by the landlord. 

Gross Rent Lease or Net Rent Lease: There needs to be sufficient clarity between your landlord and you, about the elements other than the rent, such as maintenance fees, property tax, insurance, and expenditures towards common areas.When it is about the gross rental deed, you will be responsible for paying the rent and other relevant expenses. In a net lease deed, you will only be entrusted with the task of paying the base rent. 

Lease Termination Conditions: This is a significant clause in commercial lease. Inspect the conditions, under which the landlord can end the lease, as they can often be tight. One needs to plan for circumstances where the building is sold by the landlord, while the lease term has not finished. 

Lease Renewal Clause: Lease tenure of one or two years will offer you the flexibility, especially if you own a small business, to move out for expansion or to better premises when needed. Nevertheless, there needs to be a clause to renew the agreement, after the initial one or two years, at the same rent or a hike that has been agreed upon mutually. When you take a commercial space on rent, your leasing agreement needs to have a proposed escalation in rentals in writing, in case you opt to renew the contract. 

Security Deposit and its Return 

There will be a set sum that you would have to deposit with the landlord as security. This security deposit will be equivalent to two or three months’ rent. You need to try and negotiate the amount you have to keep as the security deposit. If you find that there are numerous vacant establishments in that neighborhood or if the landlord is not corporate, there is more scope for negotiation to work. Tenants need to also inspect the conditions relating to the return of the security deposit. 

In a nutshell, these are a couple of the significant clauses in a commercial lease every tenant should be aware of. 

CRE Matrix will give you all the leasing data including clauses across businesses and sectors. 

For more such exciting analysis and details on real estate, visit CRE Matrix.

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Real Estate 101 – All About Commercial Property Leasing in India

The real estate industry is regarded as one of the most universally recognized sectors. It contains four sub-sectors including housing, hospitability, retail, and commercial. The evolution of this industry is accompanied by the development in the corporate setting and the need for office space as well as urban and semi-urban accommodations. 

In India, the real estate sector is considered to be the second-highest employment generator, following the agriculture industry. It is anticipated that this sector will gain more non-resident Indian (NRI) investment, both long term as well as short term. Bengaluru is believed to be the most preferred property destination for NRIs currently. 

While there is a high demand for purchasing commercial properties, there is a rise in leasing commercial lease India as well following the reduction in the severity of the pandemic. 

What is Commercial Leasing?

A commercial leasing India is essentially a lease that is utilized for a commercial property where a company would conduct its business. These leases comprise an array of unique terms, including tasks connected to the upkeep of the property. 

Unlike residential leases which are quite easy to comprehend, a commercial lease can be a little more complicated as it comes with numerous terms and conditions. Moreover, commercial property on lease is notonly given out to people but also to entities like the sole proprietorship, corporates, or HUF. 

Kinds of Leasing Structures in India

On a broad level, there are roughly two main types of leases in India:

Financial Lease

It refers to a long-term duration lease. It encompasses the capital outlay in addition to the required rate of return on funds for the duration of the lease. In this case, the lessor plans to cover the expenses of the capital of the property and also wants to acquire some required rate of return. This financial lease cannot be canceled and the lessee has to make several payments in order to use the property. 

In this case, the property rights continue to stay with the owner during the lease period. However, when the lease is about to expire, the tenant party is provided the choice to buy said property by paying the residual money. The amount is generally estimated at 10% of the value of the property or less. 

This kind of lease can be observed as a loan. The lessee will keep paying the lease rent and pay the remaining amount in the end to own the property.

Operating Lease 

When it comes to operating lease, the legal ownership of the property remains in the hands of the owner of the property. The owner only spreads the right to use his property for economic uses or business purposes for a pre-defined duration of time. 

Once the duration of the lease is coming to an end, it can be determined whether to lengthen the lease and continue to allow the usage of the property to the lessor or terminate the contract. In this case, the ownership always lies with the true owner throughout its run. 

If you wish to look for commercial properties for rent, you can take the help of India’s best real estate data analytics company – CRE Matrix – that allows stakeholders across different industries to view significant leasing data of various companies. 

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A Comprehensive Guide to the Leasing Process in India

Singing a lease is a significant step for any new business owner. Whether you’re inaugurating a store, shifting to new office space, or renting out your facilities, leasing comes into the picture. The universe of commercial real estate India can be complicated, and it can sometimes even take years to find your perfect space. 

Once you have found that space, signing the agreement would be the next step before you can move in and focus on running your company. But, like most legal contracts, a business lease is a significant document that needs some research. 

Let’s look into the steps that are involved in the leasing process in India: 

Lease Selection: 

You have to zero in on the commercial property you wish to conduct your business. The leasing process begins when the lessee agrees to enter into a leasing agreement with the lessor. After gathering information and conducting thorough research, the lessee goes to the leasing company or broker (lessor) and a lease contract is roughly negotiated and finalized between them. 

Title Ownership Validation: 

As a business owner, you need to make sure that you have all the details and the information pertaining to the ownership of the property. This is why access to the title deep is absolutely essential to validate the lease. Check to verify there is no sub-rent of any other form of lease linked to the property before getting into a contract with the landlord of the commercial property. 

Income Tax & Mortgage Verification:

It is absolutely recommended to check the income tax background of the landlord to investigate if there are any remaining disputes or illegal proceedings. If there is any ambiguity, you could get into serious trouble later and there will be financial consequences. 

Lease Contract: 

One of the most significant parts of the leasing process is the lease agreement. Both the lessor and the lessee need to sign a contractual agreement where they list the details, terms, and conditions of the contract. The duration of the lease agreement will be cited. For instance: A typical commercial lease agreement can last from 3 to 5 years. It could either be a full pay-out lease or nominal rentals may have to be paid. 

Lease Period: 

Generally, the regular lease rental is usually paid by the lessee. While this depends on the agreement, usually the tenant is the one who is entrusted with the responsibility of properly maintaining the commercial space. At the end of the lease period, the lessee has the right to either renew the lease or terminate it. If the property is up for sale, they can even try buying it. 

Once you have gone through the leasing process, you can move in as per the commencement date and begin running your business on said property. 

If you’re looking for a commercial property to lease, CRE Matrix can help you by offering you an extensive line-up of properties all over India along with their lease data. 

For more such exciting analysis and details on real estate, visit CRE Matrix.

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Real Estate Leasing 101 – Passing Rent vs. Market Rent

When rentals for a particular asset, micro-market or city are analyzed, traditional platforms talk about the quoted rents. However, quoted rents can significantly vary as these are not the “transacted” rents and can include a lot of irrational premiums.

The most appropriate measures of rentals for any asset or region are two – Market rents and Passing rents. Average annual rent could be a confusing term for many, which is why it is important to understand the difference between market rent and passing rent.

What does passing rent mean in real estate?

Passing rent of an asset is the weighted average rent which all tenants in that asset are paying today, irrespective of when their tenancy started in the asset. When landlords or brokers are looking for fair rental value, it is important to look at passing rentals.

What does market rent mean in real estate?

Market rent of an asset is the weighted average rent which all tenants in that asset are paying today, for only those tenants which either signed a new lease or a renewal lease in the current year. It does not include the weighted average rentals of any tenant whose lease would have commenced earlier than the current year. Market rent estimate is often not calculated in the way it should be. One way to do it is to bifurcate it into passing and market rentals.

Take a look at the passing vs. market rent for Gurgaon from 2017 upto 2022, documents accessed through CRE Matrix.

Passing Rent vs. Market Rent – Gurgaon

The average passing rent for Gurgaon in 2017 was Rs. 74.3 per Sq.ft in a month as opposed to the market rent that was Rs. 79.3 per Sq.ft on a monthly basis. The trend for the average passing rent to be lower than the market rent continued in 2018, 2019 and 2020 as well. In this case, the market had shifted towards the landlords as new tenants would have to pay more rent according to the rates charged by the market.

The pandemic had a serious impact on the average passing rent and the market rent. In 2021, the average passing rent was Rs. 90.4 while the market rent was only Rs. 81.6. In 2022, so far the average passing rent is Rs. 93 per sq.ft in a month in Gurgaon as opposed to the market rent being Rs. 81.9 Rs per sq.ft per month. In this scenario, the market had titled towards the tenants as voluntary exits puts pressure on the landlords. Hence, as rentals declined a bit, the market rentals had gone below passing rents in some regions.

CRE Matrix has analyzed lakhs of rental documents across India and has assessed the market rent and passing rent for these commercial premises. CRE Matrix is the country’s most preferred authentic analytics platform that lets stakeholders from various sectors evaluate the passing vs. market rent and so much more.

For more CRE industry insights and data research do contact us.

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Introducing the 2021 Retail Snapshot: New Leasing Report Focusing Exclusively on the Noida Region

Thanks to the swift growth of population and size, Noida has witnessed an emergence of a plethora of malls that will allow you to indulge in some much-needed retail therapy. Several upmarket fashion outlets, gourmet restaurants, sprawling multiplexes, entertainment arcades, and more guarantees that there is a lot for people to enjoy at these sprawling shopping malls in Noida.

CRE Matrix has presented its first ever retail leasing report that centers exclusively on the growing Noida region. Based on authentic registered data, our objective was to assess the demand, supply, and rentals across the Noida area, focusing only on the malls’ category.

Key Takeaways from the 2021 Retail Snapshot – Noida

  • According to the report, Noida has witnessed a demand of 3.2 Lakh Sqft in 2021.
  • The research observes that the organized retail segment has seen immense growth with 7.1 MSF and is supported by the increasing demand for housing in the city.
  • The study states that leading brands such as Hypermarket, Reliance Smart, Pantaloons and many others are making a beeline for mall space in the city as real estate developers prepare to finish their retail projects.
  • The retail demand for malls in Noida was the highest in Q1 2021 with 1, 26, 935 Sqft, followed by Q2 with 1, 04,814 sqft. After witnessing a drop in Q3 with 25,255 sqft, the demand rose again with Q4 with 54,913 Sqft.
  • Which tenant category accounted for the maximum mall space for lease in 2021? The report showed that anchor tenants were responsible for 54% of the leasing demand last year, tailed by Vanilla stores at 21%.
  • The research study observed that F&B brands accounted for 11% of the retail space for lease in 2021 while the mini-anchor shops were at 10%.
  • The passing rental of vanilla outlets was Rs 393 per sqft on a monthly basis with an average revenue share of 8.9% while the passing rental of the entertainment hub was only Rs 75 per sqft per month but had an average revenue share of 12%.
  • The anchor stores had a passing rental of Rs 101 per sqft every month with an average revenue share of 6.8% while the mini-anchor outlets had a passing rental of Rs 176 per sqft on a monthly basis with an average revenue share of 8.3%. 
  • The report analyzed that vanilla shops continued to draw higher rentals, while the average revenue share in the transactions of entertainment tenants was comparatively higher as opposed to others.

Download the complete 2021 Noida Retail Snapshot for key insights and to understand how Noida has become a premium shopping destination and the immense growth it has showcased in retail leasing.

What CRE Matrix CEO Abhishek Kiran Gupta shared about the 2021 Noida Retail Snapshot

“Over the years, Noida has successfully emerged as a formidable and finest destination for shoppers living in NCR. While there has been a drop owing to the pandemic, the retail economy has somewhat witnessed a resurgence last year. We will continue to witness growth in retail leasing space with increase in demand, supply, and rentals this year.”

About the Study:

CRE Matrix has conducted this research based on authentic registered data collected from all the retail leases of Noida that were signed in the last 1 year and analyzed their rentals and the total area that these occupied. Through these leases, we also understood how rentals are behaving floor-wise and across different retail categories. We also studied the supply of malls in Noida – which mall was built when and how much area was constructed in every year.

Download the complete 2021 Noida Retail Snapshot here.

For more CRE industry insights and data research do Contact us.

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10 Factors to Consider before Purchasing Commercial Property in India

With the rising growth of the country’s population, the demand for commercial real estate India has also substantially increased. This is why investing in commercial properties can assist you to yield high returns on investment. Buying commercial real estate is not as complicated as it might look. 

You need to consider some of these commercial property tips before finalizing them for purchase: 

Market Research

When you start the process to buy a commercial property in Pune, you need to spend some time analyzing the trends of the market well in order to acquire a profit. Before you purchase a property, it is vital to assess the scope of the future development in the locality. When you invest in a project in a developing area, it is more lucrative as it provides you high returns on investment as compared to purchasing a property in a well-developed area. 

Assess the Location

Location is a significant factor that needs to be factored into while you buy commercial property Bengaluru. The location needs to be accessible from other locations with a robust infrastructure. If you purchase a property in a premium location, it is sure to guarantee high returns on your investment. 

Types of Commercial Properties 

Commercial real estate comprises industrial complexes, retail shops, big apartment buildings, office buildings, and many more. When you have decided to dabble into commercial property buying, you need to determine the kind of real estate you would want to deal with. 

Evaluate the Layout Plan 

The layout has a chief impact on operational efficiency. Ensure that the project has been given all the approvals from the concerned authority so that you don’t end up making any incorrect investment decisions. 

Lease Structure 

This lease is a long-term contract between the owner of the commercial space and the occupier. While assessing an investment, the tenant needs to comprehend the lease structure and the risk involved in the investment. 

Pick the Appropriate Builder 

While you invest in a commercial property, ensure that you choose a well-respected building with a proven track record of successfully completed projects. You need to cross-check and verify the credibility of the builder before you finalize and zero in on a commercial property. 

Recognize the Element of Risk

Prior to purchasing any commercial property, you need to keep in mind all the possible risk factors. Monitor the market trends, the geographical location, and the building’s history to assess the risk involved in purchasing the commercial property. 

Value Assessment 

Examine the value of similar properties in the proximity and amass information on the types of rents that other properties have so that you can negotiate well with the seller. In order to make a good commercial deal, negotiation is significant. 

Evaluate the Rental Earnings Post Tax and Insurance 

Assess the earnings that you will make after you pay for the tax and insurance to understand how much you can earn on a yearly basis after subtracting all these expenses. It will help you to understand what your investment will look like in the future. 

Quality of Tenant 

A good-quality tenant can help to considerably increase the value of a commercial property. Good tenants pay rents on time, pay higher deposits, stay longer, and help boost the value of the property. 

At CRE Matrix, you will be able to look at a number of commercial properties and the comparables in the market that can help you make a decision. 

Visit CRE Matrix for more such exciting analysis and details on real estate.

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Checklist before Leasing Commercial Property in India

When you lease a commercial space, it is not the same process as renting a residential home. Be it the monthly payments or the security amount and the tenure, commercial leasing in India differs significantly from residential renting. CRE Matrix is a real estate data analytics firm that lets stakeholders take a look at the many commercial spaces that have been leased and compare it with others in the market. 

When you’re leasing commercial property, do keep in mind that residential rentals are lesser as compared to commercial ones. Moreover, commercial leases are for a longer time period that can range up to five years or more. However, residential rentals are typically for 11 months. While in both the scenarios, the tenant or the lessee rents a property and pays monthly rentals, you will find that the terms and conditions are quite different. Therefore, the relevant question here is how one should go about leasing a commercial property in India. 

Pointers to Consider before Leasing Commercial Properties 

Property Ownership: The first step includes inspecting if the project is legally owned by the lessor and has a clear title.Moreover, you need to check if there is a ‘no rent or sublet’ connected to the property before signing the leasing agreement. Make sure you also look for the Occupancy Certificate (OC) and the Power of Attorney (PoA). 

Rent Agreement: The next step is to examine whether the leasing agreement is suitable for you or not.Make sure that all the terms and conditions that were discussed verbally are laid out in the contract.Every single significant detail such as lease duration, security deposit, etc. needs to be declared in the agreement. Furthermore, the lease agreement needs to be duly signed by all the parties. 

Mortgage & Taxes: In the subsequent step, you need to authenticate the income tax status of the lessor. When you look at a commercial property for lease, make sure to confirm if there are any dues unpaid or legal encumbrances. Moreover, it is important to verify the category of the property under the Income Tax Act. It is critical to know whether it is a commercial or residential property according to the Development Control Regulations. The penalty could be levied in case you operate commercial procedures in a residential space. 

Agents: It is vital to carry out background checks on property agents and dealers before you appoint them. Take to the preceding clients about their work experience with the broker, the duration is taken to close the deal, and the charges levied. If the agents are apprehensive about letting you contact their ex-clients, it clearly suggests that they are hiding something. Therefore, it would be wise to avoid such types of agents. 

To sum up, this is the checklist that needs to be followed before you look at leasing some of the best commercial properties India. 

CRE Matrix is a premier real estate data analytics company India that allows stakeholders across various industries to compare commercial leasing data with other companies in the market.

For more such exciting analysis and details on real estate, visit CRE Matrix.