The Registration Act of 1908 requires the registration of a lease if the tenancy period is more than 11 months. The cost of filing a lease is usually about 1100 INR. The cost of registering the tenancy agreement must be paid regardless of the amount of rent or the value of the building. Stamp duty also applies to the cost of filing the lease. In Anthony v. KC Ittoop and Sons, the Supreme Court ordered that a lessor not be able to dismiss a tenant for at least five years if the tenant paid the rent on a regular basis in accordance with the agreement between the two parties. However, if the landlord wishes to use the premises for personal use, he can throw the tenant out. A tenancy deed means a contract between the lessor and the tenant and should therefore serve not only as proof of the lease, but also as an instrument to protect the rights of the parties. It is therefore best to consult a local lawyer before drafting a rental agreement and obtain clarification on registration, stamp duty, etc. Most leases are signed for 11 months, which allows them to avoid stamp duty and other taxes According to the provisions of the 2019 type rent bill, landlords cannot apply a pre-fixed rent increase for the entire period for which a lease has been signed. For example, when the lease expires after 11 months, the lessor cannot increase the monthly rent during that period.
It is only at the expiry of this period and the date of registration of the new lease that the lessor is legally entitled to proceed with an increase in the rate that does not generally exceed 10% of the existing amount. In addition, the landlord must give the tenant three months` notice before increasing the rent under the bill. If you own a homeowner, you can prevent your tenant from extending their stay on your property by including a clause in the rental agreement on increasing the rent to four or five times the existing rent if they do not leave when the contract ends. This would allow the tenants to be checked for the fault. However, if the tenant has not evacuated the property, even after the termination, you can transfer the court. The court may favour a lessor if it finds that the tenant has been involved in a fault or that the landlord has needed the property for personal use. You can also seek police help to throw away the tenant. Most leases are signed for 11 months so they can avoid stamp duty and other fees. Under the Registration Act of 1908, registration of a lease is mandatory if the tenancy period is more than 12 months.