The leave and license agreement governs the relationship between the licensor (landlord) and the licensee (tenant).
It is an agreement or contract where the licensor gives the licensee permission to use a property for a specified time. The leave and license contract is usually valid for an 11-month duration, with an option to renew it for another 11 months.
If there is any dispute, for example, over how often rent can be increased, it is the document that can put the matter to rest. However, often there isn’t enough care taken by tenants to ensure they are getting a fair deal. As with any other agreement, it creates certain obligations, both upon you and the licensor.
In this article, you can learn what these obligations are, why such an agreement is different from a lease and why it needs to be registered. There is also a format you have to follow when drawing up a leave and license agreement, as well as ensuring that it is legally valid. Read on to find out all about all this and more.
What is a leave and license agreement?
A leave and license agreement is a legal document that allows one party (called the licensor) to allow another party (called the licensee) to use their immovable asset or assets (property). This agreement is set for a specific time period. There is to be no change in the ownership of the asset. In India, the leave and license agreement is usually used between a landlord and their tenants. It is used primarily in the house rental segment. When dealing with commercial realty, lease agreements are usually used more often.
What are the differences between a lease and a leave and license agreement?
According to leave and license agreements, the landlord has the right to enter and use the property. The licensee cannot dispute this. However, with a lease agreement, the landlord has given the entire possession of his property to the lessee (tenant) for a particular period of time for a fixed amount of money. Here are some points to keep in mind:
- A lease creates an interest in the property, unlike a leave and license agreement.
- A lease gives the lessee or tenant exclusive possession of the property for that specifically stated time period. On the contrary, a leave and license agreement only gives the tenant the right to occupy the landlord’s property.
- Leave and license are revocable. A lease is not revocable.
- Leases are transferable while leave and license are not transferable.
- With a lease, inheritable rights are created. With leave and license agreements, inheritable rights are not created.
Leave and license agreement: The legal definition
The definition of the leave and license agreement can be found in the Indian Easements Act, 1882. Section 52 of the Indian Easements Act states:
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property, the right is called a license.
According to the Supreme Court (SC), if a leave and license agreement permits only the usage of a property in a specific way or under specific terms, while it is in the possession and control of the owner, it will be a license. This means that no interest in the property is transferred to the tenant.
So the owner of the property still maintains legal possession of his or her property. The Supreme Court states, “The legal possession, thereof, continues to be with the owner of the property but the licensee is permitted to make use of the premises for a particular purpose. But for this permission, his occupation would be unlawful. It does not create in his favor any estate or interest in the property.’
As there is no easement right granted, the landlord of the property can revoke the permission granted to the tenant at any time. The landlord can choose to let out his property for short periods by working out a leave and license rental agreement. This benefits tenants as well as they will not have to give extended notice periods when they want to vacate a property.
Characteristics of a leave and license agreement
The Leave And Licence Agreement agreement creates various rights and obligations on you and the property owner. Without a contract to decide what happens when one of these rights is breached or obligations are not performed, problems will surely ensue. If you’re not familiar with the procedure, you should pay a lawyer to take you through it. A range of disputes could arise from a badly drawn-out leave and license agreement. The contract should address all the key issues and state what the consequences will be in case of a dispute.
Leave and license agreements have similar elements, but what’s important is how it has been worded. So don’t just check to see it’s all there, read carefully to check its meaning. Here’s what you need to look out for.
1. Names
Always look for the names mentioned in the agreement. The names of the licensor and the licensee should, of course, be mentioned. Ensure that the person presenting himself as the owner genuinely is the owner. Also, ensure that the agreement doesn’t create a relationship with any other person or entity.
2. Address
In agreements of immovable property, the address is always described in a detailed manner. The full address of the property, a description of the house and the surrounding areas are a must.
3. Term of agreement
The term is the period of the license. Often, it is for 11 months, but this can be increased to five years as well. There isn’t any restriction on the time. There may also be a mention of a lock-in period. For example, an agreement may penalize the tenant for terminating the agreement within a short period of time (usually six months) by withholding the entire or a portion of the deposit. Lock-in periods aren’t enforceable in court, but if you sign an agreement that stipulates a lock-in period, you are bound to abide by it.
4. Repairs
The agreement should clearly mention the condition the apartment should be in. This is important because the landlord then has to maintain and repair the home as and when necessary. The rental agreement should mention a clause for regular maintenance of the property. Usually, tenants take care of minor repairs.
5. Alterations
Tenants can’t just make any changes to the property. There need to be guidelines as to what can and can’t be done. Usually, structural changes are not allowed. The contract could also specify how often the apartment needs to be painted. However, this would only be with contracts with a term longer than 11 months. If the property owner renews the contract every 11 months, this is usually discussed sporadically.
6. Mode of payment
Some landlords prefer post-dated cheques of a few months, if not the duration of the lease. The agreement should mention the amount to be paid and when it needs to be paid. Payments are usually made by cheque so that transactions are recorded and transparent. In case of a dispute, the owner cannot allege non-payment or late payment. The agreement should also mention the penalty payable in case of delays in the payment of rent.
7. Security deposit
There’s always a deposit to be paid. Usually, the deposit is two to six months’ rent. This money is security in the hands of the landlord. It ensures that the tenant doesn’t just leave without serving the notice period or cause damage to the property. Some owners may wish to deduct a certain sum when you want to move out. The proportion and under what circumstances the money can be deducted should be in the agreement.
8. Notice period
Both parties must serve a notice period. If the landlord wants to terminate the contract or you wish to do so, a notice period, usually of one month, needs to be served. Some agreements, however, may specify a longer time period.
9. Escalation clause
There’s usually a clause in the agreement that the rate will be revised upwards annually. A 5%-15% increase is normal, but this depends on the prevailing market rate in the place the property is located.
Leave and license agreement format
Source: Leave and License Agreement – Daman.nic.in
*Disclaimer – This legal form and document is for reference only. Any document that you enter into, should be in consultation with an Advocate or a Solicitor. The Government will not be responsible for any claim arising out of the use of the following document.
LEAVE AND LICENCE AGREEMENT
(To be executed while licencing premises)
This Agreement made at ——- this—– day of ——– between ———— (hereinafter referred to as ‘licensor’) of one part and ——— (hereinafter referred to as ‘licensee’) of the other part;
Whereas the licensor is seized and possessed of or otherwise entitled to the premises at ____________________________(Full Address) (referred hereto as the ‘licensed premises’)
Whereas the licensor has requested the licensee to allow him to use and occupy the licensed premises as licensee and the licensor has agreed to allow the licensee to use the premises as bare licensee and to occupy the same without any right, title, interest or claim in the licensed premises or to any right or interest of the licensor in the licensed premises.
And whereas the licensor has sufficient interest, right or title in the licensed premises and to permit and allow the licensee to use and occupy the licensed premises as bare licensee in his personal capacity for use by him of the licensed premises for residential purposes.
And whereas the licensee is desirous of and represent that, the use and occupation of the licensed premises by him, shall be in his personal right and shall be under a mere permission as licensee by the licensor and shall not amount to claim any right.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS LICENSOR AND LICENSEE HERETO AS FOLLOWS :
- This leave and license shall commence from the date of the Agreement and shall remain effective for a period _____months/ years from this date.
- The licensor and licensee agree that the licensee shall use and occupy the premises under the permission of the licensor and shall not have or claim any tenancy or any other right, title, interest in the premises and shall always be construed as permissive user as license only.
- The licensee shall deposit Rs. ——– and keep deposited the said amount as security deposit /money advance / money to be advanced for the due observance and performance of this Agreement with and to the licensor.
- The licensee shall pay to the licensor the license fee of Rs. _____(in words rupees________________) per month/per year, during the aforesaid period of Leave and License Agreement.
- The licensee during the subsistence of this present agreement shall pay all outgoing expenses, and charges including for repairs, electricity and water charges for electric and water consumption.
- The licensee shall cease to use and occupy the licensed premises and hand over licensed premises without demur, protest or objection to the licensor on expiry of the above period of _______month/years, from the date of executing this present Agreement for Leave and License.
- The licensee hereby agree and covenants with and to the licensor that the licensee under no circumstances whatsoever, transfer or assign in any manner, whatsoever benefit of this present to any other person and accepts and acknowledges that licensor has allowed licensee to use and occupy the licensed premises only and in no manner has granted any right interest in the licensed premises or any right to transfer or heritable right in respect of the licensed premises.
- The licensee shall use and occupy the licensed premises for purpose of —-_________only and in no manner cause nuisance, damage, disturbance, annoyance, inconvenience or interference to the occupiers of neighbouring premises.
- The licensee shall not use the licensed premises for any illegal or immoral purpose or carry out any activity or do anything, which constitute breach of any law.
- The licensee agrees and undertakes to the licensor to indemnify and to keep indemnified of any obligations, covenants, and conditions thereof.
All notices, communications shall be sent on following addresses –
Licensor Licensee
………………………….. ……………………………….
- The licensee on termination of the agreement or in case of breach of the conditions hereinabove shall hand over peaceful possession of the licensed premises to the licensor, in normal wear and tear condition.
IN WITNESS WHEREOF THE PARTIES HAVE SUBSCRIBED, SIGNED AND HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.
LICENSOR LICENSEE
WITNESS
1.
2.
Registration of agreement: Making a leave and licence agreement legally valid
In order to make a leave and license agreement legally valid, it is necessary to register it under the Registration Act, 1908.
- Once the leave and license agreement has been drafted, either the tenant or the property owner can take an appointment at the registrar’s or sub-registrar’s office.
- The owner and the licensee, along with two witnesses should be present.
- Photographs of all persons present and their signatures are recorded in the government database as well as attached to the agreement.
- The authorities examine that all the identity and address proofs are correct and the affixed photographs make it easier to trace any person who has signed.
- The local police station is informed of the leave and license and a copy is given to them.
- After the document is registered, stamp duty will also need to be paid.
Registration is creating a record of the agreement in the government database. In case of a dispute, only a registered agreement is admissible as evidence in court. Its authenticity is presumed unless proved otherwise, whereas a notarised agreement is inadmissible because it is very easy for either the owner or licensee to say that they have not signed it or claim the agreement is fake. This is not possible in the case of a registered agreement as the photos of the people signing are also put and recorded on the agreement and in the government database.
Registration protects both parties. It creates a record of the deposit paid. If the owner does not refund the deposit it would be difficult for the licensee to recover the money without the registered agreement. Similarly, the owner is protected by having the agreement registered as the licensee cannot exaggerate his rights. At the end of the term, if the licensee does not vacate the premises the owner can initiate legal proceedings and have the premises vacated.
The advantages of a leave and license agreement
A registered leave and license agreement protects both the landlord and the tenant of the property. The agreement also slightly favors the owner above the tenant, which is why it is preferred in rental agreements over a lease agreement. Here are some advantages of the leave and license agreement:
- Clearly sets the terms and conditions that both the owner and the tenant need to abide by.
- It makes eviction of the tenant easier as terms are set clearly in the agreement.
- These agreements give tenants permission to occupy the property but do not give them any rights to the property which protects the landlord’s asset.
- There are no property rights stated that favor the tenant and a transfer of interest occurs.
- The agreement is a record of the deposit paid which the tenant can use as proof in case the landlord refuses to refund the money.
The rent control act was first passed in 1948. It assumes first priority and is the most popular among tenancy laws in India. It spells out the terms and conditions through which the landlords can rent a property and tenants can avail the habitation rights. It is the most detailed among various rental laws in India. The agreement ensures that the rights of both the parties are preserved. Different types of States usually have different types of rent control acts but follow a uniformity in terms of various clauses.
As the 1948 rent act was the first of its kind, it was bound to have various lacunae. Various clauses of the act were very much in favor of tenants. The problem was that it acted as a major hurdle towards the growth of the real estate market.
Rental Agreement
Whenever the landlords decide to rent a residential building or a commercial property, it has to be guided by certain rules and regulations spelled out in the Rent Control Act.
The first important clause notes the need of an agreement between the parties clearly mentioning the terms and conditions therein. It needs to be noted at this point in time that the validity of the agreement can be in ambiguity if it is not in written format.
The written form of the agreement is essential because it takes into account all the changes and revisions. It is the written form that guarantees the authenticity of the agreement. Only a written agreement can be registered and enforced under law.
Hence, it is highly recommended to consult a legal practitioner who can note down the rights and duties of both the parties and formalize them into a written agreement.
Rights of a Tenant
The Rent Control Act guarantees equal rights to both the landlord as well as the tenant. Some of the important rights under this act are mentioned below:
It is important for the landlord to have sufficient cause to evict the tenant without any prior notice. There is a lot of variation in the rules of eviction of tenants in different states. In some of the states, the rules of eviction are tougher than the others. In some of the states, it is mandatory to acquire a court order to evict the tenant while in other states it is not.
The landlord cannot charge a very high amount of rent from the tenant under the rent agreement rules. The rent charged must be fair as well as competitive. It should be advantageous to both the landlord and the tenant. The value to be charged from the tenant should be equal to the market price of the property. If the tenant feels that he is being charged an amount in excess of the fair price, he can approach the court to redress his grievances.
Rights of a Landlord
The rights of the landlord are specifically mentioned in the Rent Control Act and some of the important rights are mentioned below:
- The first important right enjoyed by the landlord is to evict the tenant whenever he likes but the eviction should be on valid and reasonable grounds. The right to eviction is not a guaranteed right in some of the states. While it is easy to evict the tenant in some states, in others it is difficult. One of the reasonable grounds for eviction of a tenant is the proposal of the landlord to reserve the place for his own living.
- The second important right enjoyed by the landlord is to charge a reasonable rent from the tenant. It is highly likely that the qualitative aspect of the term reasonable may differ from state to state and as per various house rent rules in India. The situation is further compounded as there is no upper limit on the reasonable rent that has been fixed. It is in this context that a landlord needs to exercise this right carefully. It is expected that the landlord should not increase the rent exponentially but should limit himself to an increase of 5 to 8% year on year.
- The third important right enjoyed by the landlord is to repossess the property for a particular period of time if he feels that maintenance to the infrastructure is required. He can also initiate certain changes in the property but it is expected from him that he takes care of the residency as well as other rights of the tenant during the period.
Non-Applicability of the Rent Control Act
The rent Control Act is inapplicable in certain circumstances. These are briefly discussed below:
- Whenever the property is leased to a public or a private firm that has a paid-up capital of about 1 crore, the Rent Control Act ceases to apply.
- When the property is leased to public sector enterprises or entities like banks and corporations, the legislations pertaining to the Rent Control Act can’t be applied.
- Whenever the property is leased to foreign companies that have well established international operations, the Rent Control Act cannot be applied.
Features of the Rent Control Act
The aim of the rent control act is to regulate the increase in rentals and safeguard the rights of both the tenant and the landlord. Some the most important features of the rent Control Act are mention below:
- By virtue of the Rent Control Act, different laws have been legislated and these laws play a pivotal role in helping the tenant to identify a particular property for the purpose of accommodation.
- It is because of the Rent Control Act that a fair amount of control has been established on the rentals that are charged by the landlord while renting out a particular property to the tenant.
- By virtue of the Rent Control Act, the tenants enjoy the security aspect as they cannot be forcefully evicted by the landlord unless under extraordinary circumstances.
- In addition to this, the different clauses of the act highlight the rights, duties and obligations of both the landlord and the tenant thereby making the entire process of letting out a property very smooth and regulated.
The bottom line
This article aims to give a gist of the various features of the Rent Control Act and serves as a guiding document for landlords who want to let out a property as well as the tenants who want to accommodate that property.
It is essential for the landlords in India to enter into a formal agreement with their tenants before letting out a particular property. This agreement applies more to commercial properties as compared to residential ones. This agreement is given the name of a lease and is of different types like triple net lease, absolute net lease, modified gross lease and full service lease.
What is a lease
Lease is an agreement in which one of the contracting parties, that is the user, decides to pay a specific amount of rent to the owner for the use or occupancy of an asset. The most common type of assets that are leased include commercial buildings, properties and residential apartments.
By virtue of a lease agreement, the lessee obtains the right to use a particular asset or property but the ownership rights vest with the lessor. The lessee also agrees to pay a fair or proportional rent for a specific time in the form of monthly rentals.
The different types of conditions for the use of the property or asset are specified in the lease agreement. Both the parties agree to abide by the various clauses as well as the terms and conditions laid out on the lease agreement.
Types of leases
There are mainly four types of lease that include Triple net lease, Modified gross lease, Full-service lease and Absolute net lease. Other types include financial leases, apartment leases, conveyance type leases, leveraged and non-leveraged leases etc. The four main types of leases are briefly discussed below:
1. Types of leases: Triple net lease
Triple net lease is one of the most common types of lease when we look at commercial properties in India. This type is most preferred by landlords as it forms a highly lucrative stream of revenue generation for house lease. This type of lease agreement requires the tenant to pay some of the additional charges apart from the normal rent and the utility bills like water and electricity charge. These additional charges can include insurance maintenance and upgradation and even property tax.
Due to the high amount of monetary burden on the tenant, this type of lease agreement is mainly restricted to commercial properties that are into profitable business and can easily bear such expenses. This type of lease can be subdivided into three types, that is, single net lease, double net lease and triple net lease.
The first category, that is single net lease requires the tenant to pay only property tax. The second category, that is double net lease would also levy insurance charges on the tenant apart from the property tax. In the third category, that is, triple net lease, property tax and insurance would be compounded by maintenance charges that would be paid by the tenant.
2. Types of leases: Absolute net lease
The second type of lease, that is, absolute net lease, makes the tenant responsible for the structure of the building, in addition to paying the charges that are required in the triple net lease agreement. This means that he would be required to pay the property tax, insurance charges and maintenance charges for the building. Furthermore, he would be responsible for any sort of damage caused to the building structure during the time that he occupies the property. Another name of absolute net lease is bondable lease. This is called so because it makes the landlord free from all financial obligations and puts the entire amount of financial burden on the tenant.
However, the advantage of this agreement is that the corpus of monthly rent is relatively lower as compared to other agreements. This type of lease agreement is usually done when a landlord constructs a customized property taking into consideration the various demands and needs of the tenant. Usually, this type of lease agreement is entered into by businesses and other commercial entities.
3. Types of leases: Modified gross lease
The modified gross lease is different from triple net lease and absolute net lease because the burden of paying taxes, insurance charges as well as maintenance goes to the landlord rather than the tenant. The tenant is required to pay only utility bills. In addition to this, the responsibility of maintenance of the structure of the building also rests with the landlord.
These terms and conditions suggest that the clauses of the modified gross lease agreement are heavily bent towards the tenant as the majority of responsibility is shouldered by the landlord. However, the monthly compensation that needs to be paid to the landlord by the tenant is relatively higher as compared with other types of lease agreements.
This type of agreement is usually followed in different types of areas surrounding business and industrial centers where the population of tenants is relatively higher. As such, a large number of tenants may occupy the same property for residential purposes.
4. Types of leases: Full-service lease
Full service lease or the gross lease agreement is a type of agreement where the owner of the property or the landlord is required to pay various types of taxes, insurance charges as well as maintenance costs. Other types of utility bills like electricity charges, water supply charges, telephone charges and internet charges are usually paid by the tenant depending on the usage. The different types of commercial units that facilitate multiple tenants in the same property usually follow this type of lease agreement.
Advantages and disadvantages of all leases
Various types of advantages and disadvantages associated with leases are listed below:
1. Advantages
- The biggest advantage of leasing is that it ensures a sustainable source of income for the landlords. For the tenants, the advantage is that they don’t need to pay a one-time payment for buying the property as they can avail the same facilities of the property using monthly rentals.
- When businesses enter into a lease agreement, it saves them from the huge cost of purchasing a property and they can use this amount to build or invest in other types of quality assets and expand their business.
- Different types of tax benefits are associated with lease agreements that also allow the tenant as well as businesses to save money that can be invested in other ventures.
- The best thing associated with a lease agreement is that it remains constant over a lifetime with little fluctuations on account of inflation. This helps in better planning of cash outflows and also guarantees a healthy budgeting exercise.
- Leasing serves as an essential lifeline for businesses that have been newly established as well as startups that run on low upfront costs and are hesitant to invest in heavy capital infrastructure. Thus, leasing helps such businesses to thrive by means of low capital expenditure.
2. Disadvantages
- Although continuous rental payments listed out in the lease saves a business from upfront costs, the long term benefits are usually captured by the owner. For instance, it is the tenant who pays lease payments for a land but he gets no benefit of the appreciation in the market price of the piece of land.
- The process of documentation associated with a lease agreement is usually cumbersome and the clauses spelled out in the agreement are legal and technical, putting it out of common man’s parlance.
- The ownership rights continue to vest with the owner in spite of the fact that the lessee has made payments and contributed a major share of the asset.
- The burden for maintenance of the asset usually falls on the lessee although he pays a good sum to the owner. Moreover, various terms in the lease are in favor of the lessor rather than the lessee.
The bottom line
To conclude, lease has its own advantages as well as disadvantages. While it may serve as a prospective option for different individuals and businesses, others may look at it in a negative light. However, the survival and continuation of lease for several years suggests that it caters to a wide group of people who have benefited because of this option.
Whether you are moving out of your parent’s home, settling down in a new city or looking to move to a new area, renting a home in Karnataka requires a rent agreement and registration. While it’s not a complicated process, there are steps you need to be aware and wary of so that the process is smooth and neither party feels duped.
A registered rental agreement is an official legal document that clearly states the terms and conditions to be followed by both the landlord and the tenant. Read on to find out everything you need to know about rent agreement registration in Karnataka as you look for your new rental home.
Why is rent agreement registration important?
Registration is creating a record of the agreement in the government database. In case of a dispute, only a registered agreement is admissible as evidence in court. Its authenticity is presumed unless proved otherwise, whereas a notarised agreement is inadmissible because it is very easy for either the owner or licensee to say that they have not signed it or claim the agreement is fake. This is not possible in case of a registered agreement as the photos of the people signing are also put and recorded on the agreement and in the government database.
Registration protects both parties. Firstly, it creates a record of the deposit paid. If the owner does not refund the deposit it would be difficult for the tenant to recover the money without the registered agreement. Similarly, the owner is protected by having the agreement registered as the tenant cannot exaggerate his rights. At the end of the term, if the tenant does not vacate the premises the owner can initiate legal proceedings and have the premises vacated.
What is rent agreement registration in Karnataka?
A rent agreement that is registered is an official document that outlines the relationship between a landlord or property owner and a tenant (who will be renting out the property). In this rent agreement, all the mutually agreed upon terms and conditions will be stated. It has details of both parties (landlord and tenant) as well as the responsibilities and obligations that both have agreed to adhere to.
Here are some of the essential details that are required in rental agreements to be registered in Karnataka:
- Rent to be paid monthly
- Date of monthly rent payment
- Security deposit amount
- Time period of tenancy
- Date of which the agreement is effective
- Penalty clause if there is a delay in the rent payment
- Responsibilities towards damages and repairs
- Rules on making structural changes and sub-letting
- Full names and permanent addresses of both parties: landlord and tenant
- Details on what charges for electricity, telephone, internet, etc. need to be paid by the tenant
- Details on pets whether pets are allowed
- Lock-in period
- Clauses for lease termination and extension
- Terms for rent increase upon renewal
Once the rent agreement has been drafted, it is necessary that both the landlord and the tenant read it carefully before it is signed and registered. Getting a legal professional to go over the details may also be a good idea if you are not familiar with rent agreement registration in Karnataka. Only once everything has been understood and clauses have been checked should the agreement be signed and registered.
Rent agreement registration in Karnataka stamp duty
Stamp duty is a tax to be paid for legal documents to make them legally valid. This stamp duty for the rent agreement registration in Karnataka will depend on the duration for which the rent agreement is for as well as the annual rent. The maximum stamp duty in Karnataka is Rs. 500. There is a formula to calculate stamp duty so you can estimate what you need to pay by following it.
The formula to calculate stamp duty is as follows:
- An agreement of 10 years: 1% of annual rent
- An agreement of 10 to 20 years: 2% of annual rent
It is mandatory to register a lease agreement in Karnataka when the duration exceeds an 11 months term. Lease agreements under 11 months may or may not be officially registered.
What is the registration procedure for rent agreement registration in Karnataka?
In order to register your rent agreement in Karnataka, you need to follow certain the steps below:
Step 1: The rental agreement has to be drafted. Both parties (the landlord and the tenant) need to analyze and agree to the agreement. It is then printed on rent agreement stamp paper of Rs. 100, which can be obtained from a legal professional, the court or a stamp vendor.
Step 2: The landlord and the tenant will then sign all the pages of the agreement. The rent agreement stamp paper will also need to be signed.
Step 3: There needs to be two witnesses to the rent agreement. The details of these witnesses need to be mentioned as well as their ID proof document. Witnesses will also have to sign the rent agreement document. Witnesses cannot be members of the landlord’s or the tenant’s family. However, friends, colleagues and others are permitted as witnesses.
Step 4: All the documents required to register the rental agreement will have to be collected to be presented.
Step 5: The property that is being rented out will fall under a particular Sub-Registrar’s jurisdiction. Either the tenant or the property owner can take an appointment at the registrar’s or sub-registrar’s office. The owner and the licensee, along with two witnesses, are to be present.
Step 6: The landlord, tenant and witnesses will have to go to that Sub-Registrar office. Photographs of all persons present and their signatures are recorded in the government database as well as attached to the agreement. The authorities examine that all the identity and address proofs are correct and the affixed photographs make it easier to trace any person who has signed.
Step 7: The document will be attested and payment needs to be made according to the registration charges applicable in Karnataka. After this, the rent agreement registration in Karnataka is complete.
What are the documents required for rent agreement registration in Karnataka?
If you are registering the rent agreement in the Sub-Registrar’s office, you will require a set of documents that will need to be attached and presented for registration. These are listed below:
- Government ID proofs of the landlord and tenant. These could be Aadhar Cards, driving licences, voter ID cards or passports.
- Property ownership proof such as registry docket or municipal tax receipt.
- 2 passport-size photographs each of the landlord and the tenant.
- Two witnesses are required to be there to sign the agreement, along with their ID proof.
Terms to include in the draft of your rent agreement registration in Karnataka
Rent agreement registration in Karnataka is an important legal document, and that is why it is necessary to add a few essential terms that will mutually benefit the landlord and the tenant in case of a dispute.
1. Rent
The amount of rent that has to be paid each month needs to be included in the rent agreement. It should also mention the date during which the rent is due to be paid – for example, during the first week of the month. Any penalty for the tenant in case they default on paying the rent also needs to be added to the agreement. The mode of payment of the rent can also be included.
2. Security deposit
The rent agreement needs to state the amount of security deposit the tenant has given the landlord. To avoid future legal discord between the landlord and tenant, care needs to be taken to include all the details regarding the security deposit.
The landlord takes a security deposit to guard against the possibility of a tenant leaving without making the required payments. The rent agreement needs to specify when the landlord can make deductions from the security deposit and for what reasons.
The landlord is required to return the security deposit in a certain time period which should be in the agreement. It should also state the way in which it will be given back to the tenant once the lease ends.
3. Lock-In term
During the ‘lock-in period’, the landlord and the tenant cannot terminate the rental agreement. If the landlord or the tenant terminates the agreement within this time period, they will have to pay the rent for the remaining period.
4. Name of all tenants
The full names of all the adult tenants occupying the property need to be stated in the rent agreement. Signatures are also needed in the rent agreement. This is to ensure that all adult tenants of the house are accountable to follow the stated terms and conditions of the rent contract.
5. Occupancy limit
Occupancy limit refers to the maximum number of individuals who are allowed to reside in a property as tenants. This clause protects the landlord against too many people living on their property. For example, if the tenant sublets the home or moves in family or friends (who are not on the lease) permanently into the home, the landlord has the right to evict them with this clause.
6. Tenancy duration
The time period of the tenancy will be stated in the rent agreement. This tenancy duration can vary from months to years and depends on what has been discussed between the landlord and the tenant.
7. Repair and maintenance
There need to be clear outlines of the responsibilities of the landlord and the tenant regarding the upkeep and repairs of the home. The role of the landlord and tenant regarding the maintenance should be stated clearly in the agreement so that, if something is to break or get damaged, there is no hassle in deciding which party needs to take on the responsibility.
8. Electricity and water bills
The rental agreement has to state which party will make payments for the monthly water and electricity bills of the property. In some cases, the tenant is required to give the landlord receipts for the bills. If this is the case, it should be mentioned in the clause.
9. Pet policies
If a landlord wishes to not have pets on their property, they need to mention it in a clause in the rent agreement. Whether or not pets are allowed in a residence is a big deal for pet-owning renters so this should be discussed with all potential renters beforehand.
10. Other restrictions
If there are any other restrictions that the landlord has regarding the property they are renting out, they should be stated in the rent agreement. This can be with regard to subletting, illegal activities, the use of parking spaces, and the amount of access the landlord has to the property.
Sakinaka is a thriving neighbourhood located in the western part of Mumbai. The locality is always busy with industrial and mercantile bustle. Sakinaka is home to Lerson&turbo, 55 Corporate Avenue, Boomerang, tech Mahindra and L&T business park. The locality is connected to the rest of the city by the metro and all public transport. Sakinaka is trisected by Magan Nathuram Road and the 90 Feet roads. And the Chhatrapati Shivaji Maharaj international airport is just a 15 mins drive away. The neighbourhood is also home to financial institutes like ICICI Bank, PMC bank, HDFC Bank, Kotak Mahindra Bank and TJSB Bank. And a plethora of recreational destinations within walking distance. Educational institutes like Sun group of institutes, digital universe computer institute, s-Tek IT education and a large number of schools and colleges make Sakinaka a perfect breeding ground for talent and education. The locality is well maintained but needs to be better planned. A slight imperfection that adds to the flavour of Sakinaka.
Top gated communities in Sakinaka, Mumbai.
1. Gundecha Montego, Sakinaka
Gundecha Montego is all about a convenient living experience. The project occupies 1 Acre of land and proudly flaunts 2 well-attended buildings. Alongside being excellently supplied with essential amenities, Gundecha Montego has its power backup system, a play area for the children, a swimming pool and even a gymnasium. Schools, hospitals and all kinds of essential institutions are within walking range and can be easily accessed.
Highlights and amenities of Gundecha Montego
Type of apartments: 1 BHK, 2 BHK
Area per apartment: 444 Sq. Ft. – 718 Sq. Ft.
Number of apartments: 88
Address : 3VXP+RC3, Andheri – Kurla Rd, Behind Runwal Elina, Safed Pul, Saki Naka, Mumbai, Maharashtra 400072
2. L&T Emerald Isle, Sunder Nagar
L&T Emerald Isle occupies 16 acres of land and flaunts 4 magnificent towers. And is located close to Powai Lake. The apartment complex is well-maintained and guarded 24*7. The facilities include power backup, an RO purification system, a gymnasium, a kid’s play area, jogging, a cycling track and even a golf course. The complex is equipped with cafeterias, community halls, trees and beautiful landscapes ford providing a fulfilling residential experience.
Highlights and amenities of L&T Emerald Isle
Type of apartments: 1 BHK, 2 BHK, 3 BHK, 4 BHK
Area per apartment: 642 Sq. Ft.-1652 Sq. Ft.
Number of apartments: 1264
Address : New Mhada Colony, Savarkar Nagar, Chandivali, Powai, Mumbai, Maharashtra 400076
3. NG Complex, Sakinaka
NG complex in Sakinaka aims to deliver a fulfilling residential experience. Located in a well-connected locality, the residents can hassle-free access to various public and commercial services. Security and supply of utilities are excellent and there is no shortage of in-house recreational options. The project includes a kid’s play area, Gymnasium, swimming pool, and even a community hall. And ensures a high quality of life!
Highlights and amenities of the NG complex
Type of apartments: 1 BHK, 2 BHK, 3 BHK
Area per apartment: 640 Sq. Ft.- 800 Sq. Ft.
Number of apartments: N/A
Address : 4V8Q+P3C, Plot No. A CTS No. 29, Off Military Road, Near Ashok Nagar, Marol, Andheri (E), Marol, Andheri East, Mumbai, Maharashtra 400072
4. NDW Proxima, Sakinaka
The project is located in the western suburbs of Mumbai and consists of 7 buildings on 1 Acre of land. The localization ensures easy access to office complexes, restaurants, apartments, metro rail, shops, schools, banks, hotels, service apartments and a lot more. Prominent destinations like Bandra and Juhu are also located close to the complex.
Highlights and amenities of NDW Proxima
Type of apartments: 2 BHK, 3 BHK, 4 BHK
Area per apartment: 817 Sq. Ft.-1343 Sq. Ft.
Number of apartments: 294
Address : Andheri – Kurla Rd, Mittal Industrial Estate, Marol, Andheri East, Mumbai, Maharashtra 400059
5. Runwal Elina, Sakinaka
Runwal Elina is a beautifully planned gated community occupying over 2 acres of land. The three magnificent towers are connected through rooftops by a garden hanging over 400 ft of sea level. This garden is the USP of this project. The project is generously supplied with utilities and is guarded 24*7. The facilities include Power Back Up, Maintenance Staff, Waste Disposal, Laundry Service, DTH Television Facility, Banquet Hall, Bar/Lounge, Conference Room, Piped Gas, and Outdoor Tennis Courts.
Highlights and amenities of Runwal Elina
Type of apartments: 2 BHK. 3 BHK
Area per apartment: 1000 Sq. Ft. – 1660 Sq. Ft.
Number of apartments: 126
Address : A-3, Safed Pul, Saki Naka, Mumbai, Maharashtra 400072
Things to do in Sakinaka, Mumbai

1. Spend a lovely evening in the local parks
Sakinaka is located amidst all kinds of urban and industrial bustles. But the neighbourhood is riddled with beautiful parks. BMC Saibaba Park, Dosti building Jogger’s Park, and Mahanagar Palika Udyan are the most noteworthy destination to be on a lonely evening or spend quality time with loved ones.
2. Make every weekend hour count at Mable kitchen and bar
Mable is known for its wonderful ambience and worthy dishes that do perfect justice to the ambience. The Wi-Fi network is strong and always active, the music is good and the sitting areas are made as cosy as possible. Popular offerings include Cheesecake, Cocktails, Salad, Prawns, Drinks, and a plethora of Chicken-based dishes.
3. Make the most out of your leisure at The Studs – A sports bar and grill
The restaurant is known for its amazing Mediterranean cuisine, fast food, burgers and desserts. The place is known for live music, a Pool Table, good quality and quantity of servings and a nice place for lengthy hangouts. The studs are an ideal place to socialize with like-minded people and enjoy favourite sports and screenings together.
4. Spend quality time with quality food!
Mitron- hotel peninsula grand dedicates entire nights to entire genres of music and is a perfect place for people looking forward to dining in style. The ambience and the sitting areas, including the gallery, are classy and maintained with utmost care. And the culinary demands are satisfied with excellent continental, north Indian Asian and Mediterranean food.
Places to visit in Sakinaka, Mumbai
1. Copper Cabana
Copper Cabana is a unique culinary establishment that serves Chinese, Japanese, Indian, Asian and even Persian food. The ambience does perfect justice to the taste they deliver on every plate. And the offerings are extremely reasonable and affordable for the common folk. The restaurant offers in-house live music sessions and serves amazing dishes like Green Apple Cooler, Thandai, Paneer Crispy, Tender Chicken, Bbq Chicken and Cocktails.
Address : JB Metal Compound, Off Sakivihar Rd, Sakinaka, Andheri E, Mumbai 400072 India
2. Opa! Bar & Cafe – Hotel Peninsula Grand
Opa delivers perfection with every serving. The place is known for its wonderful hospitality, friendly staff, amazing rooftop scenario, and beautifully curated lighting. Popular servings include Hot Mezze Platter, Cottage Cheese Slider, Bellini, Saffron Rice, Baklava, and Chicken Shawarma. A perfect location for dine-outs and family nights!
Address : Sakinaka Junction Hotel Peninsula Grand, Lokmanya Tilak Nagar, Andheri East, Mumbai, Maharashtra 400072
3. Firefield by Marriott
Fairfield is the pride of Mumbai. The hotel is amazing and competes with world-class entities like the TAJ. they provide airport transfer, centralized air conditioning, free wifi, housekeeping on time, free parking and a wonderful pool. A great place for new settlers about to embark on a new life in Mumbai and of course for the tourist not interested in compromises.
Address : Plot No. 16-B Samhita Industrial Estate, Andheri Kurla Road, Mumbai, Maharashtra, 400072
4. The urban stadium
Is a favourite destination for lovers of cricket. The stadium is loaded with all kinds of facilities and the convenience needed for enjoying an engaging session. Being among Mumbai’s leading stadiums, the place has always been a centre of attraction. The stadium is accessible throughout the day and is supported by enough floodlights for nighttime games.
Address : Samhita Complex, Bldg no 8, Telephone Exchange Rd, Saki Naka, Maharashtra 400072
FAQs about Sakinaka, Mumbai
What is the distance from Sakinaka to the airport?The Chhatrapati Shivaji Maharaj international airport is just 9 km away via the 90 feet road. And takes a typical 15 mins of drive.
What are the best hospitals in Sakinaka?Apex multispeciality hospital, American Institute of pathology and laboratory sciences, New JP hospital, Vedant Multispeciality Hospital, axon Dialysis centre and Balaji Speciality Hospitals are the most prominent healthcare institutes in town.
What are the best schools in Sakinaka?Lokmaya Vidya Mandir, our lady of God health, Iqra International, Eden Garden, and Nandchaya Vidya Niketan are the most prominent educational entities in Sakinaka.
What are the best gyms in Sakinaka?Den Fitness, Ultimate slim well health Centre, Fitness HUb, Voltage Fitness, and Johnny Gym are the most popular fitness centres in Sakinaka.
Which are the parks in Sakinaka?BMC Saibaba Park, Dosti building Jogger’s Park, and Mahanagar Palika Udyan are the best and closest parks around Sakinaka.
What are the nearest bus stations to Sakinaka?D’suza Nagar, Shethiya Nagar, Uma Maheswari Mandir, and Krishna Nagar are the nearest bus stations in Sakinaka.
Kemps Corner is a posh neighbourhood in south Mumbai. Connected with the rest of Mumbai via, the kemps corner flyover and the Nepeansea road. Being adjacent to the great Mumbai coastal road project, the connectivity via road-based transport is exceptionally good. The area is home to high rises and a wide diversity of commercial and industrial entities. The locality is flanked by Malabar hill in the south and the coastal road network in the west. Therefore, residents in the area enjoy proximity to the most important districts in Mumbai. The Asian Cancer Institute & ACI Cumballa Hill Hospital, Healthspring, healing hands and Nava Jeevan clinics are the most prominent healthcare institutes in town. And the education sector is also quite rich due to the presence of institutes like orchids international school and the digital marketing institute Mumbai. The roads are well maintained and the traffic pressure is far from annoying. The availability of public transport is also remarkable in kemps corner. And the posh locality attracts a lot of attention from the administrators.
Top gated communities in Kemps Corner, Bangalore.
1. Orbit haven, Kemps Corner
Orbit haven aims to embody fine living. The gated community consists of a single tower and 40 5 BHK luxurious duplex apartments. The place is well-supplied with utilities and the amenities are exceptionally well-maintained. The tower is still awaiting completion and is expected to feature facilities like Power Back Up, Indoor Games Room, Service/Goods Lift, Water Storage, Security, Reserved Parking, Park, Gymnasium, Swimming Pool, and Rain Water Harvesting.
Highlights and amenities of Orbit Haven
Type of apartments: 5 BHK duplex
Area per apartment: 6000 Sq. Ft.
Number of apartments: 40
Address : Orbit Haven, Darabsha Ln, near Croma, Malabar Hill, Mumbai, Maharashtra 400026
2. Mittal Dariya Mahal, Malabar Hill
As the nomenclature suggests, the gated community strives to achieve finesse in luxurious living. The apartment complex is located on Malabar hill and oversees a beautiful beach. The facilities include many residential-centric components like a gymnasium, power backup, kids’ play rooms and clubhouses. The place is guarded 24*7 and the utilities are uninterruptedly supplied.
Highlights and amenities of Mittal Dariya
Type of apartments: 3 BHK, 6 BHK
Area per apartment: 11250 Sq. Ft. – 5000 Sq. Ft.
Number of apartments: N/A
Address : 80, Nepeansea Rd, Malabar Hill, Mumbai, Maharashtra 400006
3. Primordial House, Kemps Corner
Primordial house is a strategically located gated community. The residents can enjoy the Arabian sea and the hanging gardens. The compound is complete with gardens, gymnasiums, kids’ play zones and even community venues like clubhouses and galleries. The place is well-guarded and the amenities are maintained with extreme care.
Highlights and amenities of Primordial House
Type of apartments: N/A
Area per apartment: N/A
Number of apartments: N/A
Address : Grand Paradi Apartment C, Babulnath, Kemps Corner, Malabar Hill, Mumbai, Maharashtra 400006
Things to do in Kemps Corner, Mumbai

1. Waste an evening driven by culinary cravings
Kemps corner is home to a whole bunch of wonderful, unique restaurants and cafes. Buddha bawls for pan Asian cuisine, China Garden for various genres of Chinese food, and the plate & pint restaurant for a wonderful cafe experience can be accessed in kemps corner. In addition to that, the restaurants in this posh residential sector are also poised to serve perfection in every preparation.
2. Experience an amazing curation of baked food
Kemps corner is home to bakeries that are operating for a long time and are known for serving amazingly optimized food. Cakes and bakes, The Bakerie – The Shalimar Hotel, the bakehouse, are the most prominent destination for cake and dessert lovers and quench the thirst for comfort food.
3. Embark on a journey of enlightenment
Kemps corner is home to the crossword bookstore. The store is the most resourceful in town and is surviving with grace in the age of PDFs and audiobooks. The environment is peaceful and silence is encouraged on the premises. A reader can easily buy books and even read them at the store. And the experience is enhanced by a welcoming team of staff eager to help you out with every last bit of knowledge they possess.
4. Be a part of history
August Kranti Maidan is located just southwest of kemps corner. From this historical ground mahatma, Gandhi launched the legendary quit India movement. And the subsequent sociopolitical upheaval shook the British empire and installed an everlasting fear of non-violent Indian protests. Today the ground is dedicated o cricket and football facilities and is a refuge for peace-loving locals.
5. Visit Native shoes and buy perfection in footwear
Native shoes are all about ergonomics and being an eco-friendly producer of footwear. In kemps corner, one can visit their store and get a pair of shoes that might change their lives. Furthermore, the company is keen on producing recyclable products so that they can be used even after one owner discards the same. In kemps corner, one can get a hold of the pride of owning such a product.
Places to visit in Kemps Corner, Mumbai

1. Sweetish House Mafia
The sweetish house mafia is an establishment proud of its cookies. And the pride is not at all unfounded. They have a wide variety of cookies, cakes and brownies on offer and have been a popular destination for a long time now. The bakery supports takeaway and dine-in. The environment is calm and extremely family-friendly. Popular offerings include Nutella Sea Salt Cookies, Cookie Boxes, Cookies, and a wonderful curation of shakes.
Address : The New Mahalakshmi Silk Mill Premises, Mathuradas Mill Compound, Unit No 1, near NM Joshi Marg, Lower Parel, Mumbai, Maharashtra 400011
2. Shiv Sagar
Shiv Sagar is a restaurant known for its amazing atmosphere. And food that matches the ambience in terms of quality and exquisiteness. The offerings are diverse and include north Indian, south Indian and Chinese, fast food, Mexican food, beverages and wonderfully prepared desserts. The most popular dishes offered by Shiv Sagar are Gadbad Ice Cream, Veg Kolhapuri, Fruit Juices, Paw Bhaji, Chola Bhatura, Butter Paneer, Sambhar, Idli, Pav Bhaji, and Nachos.
Address : Kemp’s corner, Marshal Apartments, Kemps Corner, Tardeo, Mumbai, Maharashtra 400036
3. Gustoso
Gustoso is the premiere establishment for Italian and Mediterranean cuisine in Kemps Corner. The restaurant concentrates on producing authentic tastes optimized through a lengthy and arduous operational existence. The interior decor follows a theme that compliments the servings on plates with extreme precision. And the service is extremely aligned with customer needs and is catered to by a friendly team of staff.
Address : Plot 109 Kwality House August Kranti Marg, Bridge, below Kemps Corner, Grant Road, Mumbai, Maharashtra 400036
4. Fyor
Fyor is a shoe and bag store for women. They project themselves as a dedicated organization that caters to various feminine fashion needs. The offerings are extremely premium in terms of build and functionality. They offer a wide range of heels sneakers and even sleepers along with all kinds of handbags and evening bags. Authentic pieces of art are produced with great care and the interests of the future owners in mind.
Address : Cusrow Baug, Shop No. 21, Colaba Causeway, Colaba, Mumbai, Maharashtra 400039
FAQs about Kemps Corner, Bangalore
What is the distance from Kemps Corner to the airport?Kemps Corner is 26.3 miles away from the Chhatrapati Shivaji Maharaj international airport. And the same typically takes around 45 mins via the western express highway.
What are the best hospitals in Kemps Corner?Asian Cancer Institute & ACI Cumballa Hill Hospital, Healthspring, healing hands and Nava Jeevan clinics are the best hospitals and clinics in kemps corner.
What are the best schools in Kemps Corner?Shalom International, shining stars, little more preschool, Ryan Global school and little stars English school are the best academic entities in kemps corner.
What are the best gyms in Kemps Corner?Cult Tardeo and mauled fitness are the best gyms located in kemps corner.
Which are the parks in Kemps Corner?Brihanmumbai Mahanagar Palika Udyan, Children’s Playground, and Priyadarshini Park are the best parks in kemps Corner.
What is the best place in Kemps Corner to hang out on weekends?Kemps Corner has not a shortage of recreational destinations. But nothing can compare to a good time spent with family near the hanging gardens in Shimla Nagar!
