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Learn more about Renting your Property in India

Residential lease, commercial lease, sublease, and fixture inventory are all examples of real estate rental figures. A landlord must go through several steps before renting out his apartment or house. Some are required by law, while others are recommended because it will be too late or much more difficult to change his mind later. We provide you with all of the documents you need to rent your property through Themis Partner. We also provide you with documents to help you manage your property, including an inventory of fixtures. Our documents, written by lawyers, are in English and editable word format, allowing you to tailor them to your specific situation. Download landlord lease agreements and property management documents or assert your rights against your tenant in the event of a dispute.

Table of contents


How to calculate a Property's Rental Value?

Rental Cost

The rental yield on a residential property ranges between 2.5 and 3.5 percent of the property’s market value. For example, if your property’s market worth is Rs 30 lakh, its rental value will range between Rs 7,5000 and Rs 10,5000, with monthly values ranging from Rs 6250 to Rs 8750. However, due to demand and supply imbalances, the valuation may change in some circumstances. If the property is in a high-demand category with limited supply, or if any other positive external factor comes into play, the rental rate can go as high as 3.5 percent of a property’s value but should not exceed it. When demand is low, the rental rate should be 2.5 percent of the value of the property.

The Property's Market worth

Market value is the property’s current worth in relation to underlying factors. A number of variables, such as infrastructure development, may have an influence on the market value of your home. It is critical to understand the property’s current market worth. If you are having difficulty estimating a property value, visit a property appraiser to determine the precise cost of the property.

Curent Rental Value

According to experts, it is also essential to evaluate the fees paid by other landlords in your region. Check if the rental rate paid is comparable to the rental rate of other similar residences in the area. A large disparity between the current rental value in the region and your rental ‘ask’ may dissuade tenants and direct them to alternative possibilities with cheaper rates. Consider the monthly mortgage cost, as well as additional repair and tax charges that must be paid while the property is idle, when determining the rental rate.

What is the minimum duration of a lease in India?

The popularity of 11-month rental or licencing agreements is one of the most typical elements when engaging into a property rental transaction in India. Most landlords choose a duration of 11 months when engaging into property rentals since there are two types of agreements that deal with property rentals in India: lease agreements and leave & licence agreements.

Rental agreements that last more than a year must follow tight rent control measures that favour tenants. Currently, rental control rules prohibit landlords from overcharging renters and safeguard tenants against unexpected or unjust eviction.In addition, in the event of a lease agreement, the right to ownership of the property is passed from the landlords to the renters, making it more difficult for the landlord to evict a tenant. As a result, landlords prefer not to enter into rental agreements that last more than a year.

Leave and licence agreements, on the other hand, are signed into for an 11-month term with the opportunity to renew at the end of the agreement. Rent control rules do not apply since an 11-month rental agreement is only a permission for the renter to occupy the premises for a limited time. Furthermore, 11-month rental agreements provide the landlord greater options in the event of eviction from the property. As a result, most landlords choose to sign into an 11-month rental agreement with the option to renew at the conclusion of the agreement time.

What commercial property can be bought or rented?

When considering investing in commercial real estate, you must consider two crucial factors: one, where to invest, and two, what sort of commercial property to invest in. The location can also be determined by the sort of business property. Here are a few choices to consider before deciding on a final company space for rent:

➤ Retail shops
➤ Warehouse
➤ Office Buildings
➤ Industrial Structures
➤ Co-working space
➤ Restaurant/Café

Step 1. Title Ownership Validation

Always make sure you understand everything there is to know about the property’s ownership, which means you’ll need access to the title document to verify the rent or even lease a commercial property. Conduct more research before committing to a lease with the landlord to guarantee there is no sub-rent or other sort of rent associated with the property.

Step 2. Sanctioned Plans and Power of Attorney

If the property you are renting is a structure under construction, it is normally advisable to review the title deed and commencement certificate supplied by the required authorities. Before hiring office space in a built-up property, make sure to check the occupation certificate. In the event of indirect rent, it’s also critical to examine and explain if a power of attorney is involved.

Step 3. Appropriate Renting Contract

Before entering into any form of joint commitment with the landlord, ensure that the rental arrangement is apportioned based on operations. Be specific about the type of the rent, whether it’s a rental lease agreement or a co-working office space arrangement.

Step 4. Income Tax and Mortgage Verification

When entering into a business arrangement, it is usually a good idea to look into the landlord’s income tax history to determine whether there are any ongoing issues or unlawful processes. This will also inform you if the property is classed as ‘commercial’ or ‘residential’ under the Income Tax Act of 1961’s Development Control Regulations. If this classification is ambiguous, you may be subject to a TDS in the future.

How to rent your home in India?

Renting out your house is a profitable alternative nowadays, especially with the rising demand for real estate and the increase of the middle-aged working class. While renting out your property or a portion of it might be financially advantageous, it does come with its own set of obligations. A rising number of older individuals are renting out their residential units to supplement their income. While renting is an excellent choice for the elderly, they are more vulnerable to fraud, unscrupulous renters, and other problems. Here is a checklist you should go through before renting out your flat. The list is equally useful for elderly and first-time house tenants.

1. Rent Reduction

The house renter must integrate a proper estimate for the targeted rent before renting out the unit. Some housing societies charge an annual fee to members who rent out their units while allowing renters to utilise the housing society’s services. In an ideal world, dwelling apartment rentals would be between 2 and 3 percent of the property’s yearly capital value. Rentals, on the other hand, vary based on the facilities included and the location of the housing organisation. A broker can also be hired to assist landowners in obtaining a fair rental fee.

2. Background Check

One of the most significant techniques to secure the correct renter for your property is to do a background check on the possible tenant. Some housing societies have strict requirements for residents, such as not allowing married couples. Before signing a lease, it is essential to review the regulations of the housing organisation. A fast background check with the possible tenant’s employers might also provide a concise overview of his or her personality qualities. It is also advisable to keep a record of the tenant’s numerous identity cards and share them with the police, which is required in many urban areas.

3. Follow Legal Procedures and Documentation

It is advised that a valid legal lease document be prepared with the assistance of a competent legal expert. Before any possession is provided, both parties must sign a police verification and registration of the rent agreement with all terms and conditions. The tenant’s duties and payment schedules must be clearly outlined in the rent contract. To avoid issues or misunderstandings, a clear boundary must be included in the agreement if the renter is to pay his or her own power and water bills.

4. Have a Well-Defined Vacating Period

In the event of an emergency, whether the owner wants possession back before the stimulated rent contract time frame or the tenant wants to leave, both parties must sign a dedicated vacating clause. If the renter and the apartment owner desire to cancel the contract, they should provide each other three to six months’ notice, depending on mutual agreement. A sub provision like this eliminates any unfounded anxieties in the eyes of both the renter and the landowner.

Can a foreigner rent a house in India?

It is important that landlords understand how to rent or lease their property. Indians who rent to foreigners must now:

➤ Check the tenant's passport for identification and make sure their visa is valid and keep a photocopy of both
➤ The landowner who rents out their property to a foreigner shall only form a rental agreement for the term of their Visa's validity
➤ The landlord must then report the dwelling foreigner's information to the Registration authorities in Form C within 24 hours of the foreigner's arrival at their premises

To begin, the landlord must register online at https://indianfrro.gov.in/frro/FormC.

Once the landlord has been officially registered and confirmed, they must prepare a Form C for each person residing in their premises, even if they are a member of the primary registrant’s family.
If you do not have internet connection, you can go to the local Foreigners Regional Registration Office (FRRO), which is located on the premises of the Mysuru City Police Commissioner’s Office.

What are the responsibilities as a Landlord?

The property is always the point of interest in a rental arrangement, and the property must be protected from unjust exploitation. According to the Rent Control Act, the landlord has the following powers:

1. Right to Evict: Each state has a separate right to evict a renter. In certain areas, a landlord may evict a tenant for legitimate personal reasons, such as desiring to live there themselves.
In most cases, the landlord must take the tenant to court to evict them. The landlord must also give the renter adequate notice before going to court, as required by law.

2. Rent should be charged: The landlord has the authority to charge rent to the renter since he owns the property. Because there is no express law defining a maximum rent, the landlord is free to continue raising rent charges as he sees appropriate. In such instances, it is important to mention the amount of increase and the condition of increase in the rental contract itself. Rent is often increased by 5% to 8% on a yearly basis.

3. Temporary Repossession of Property: The owner may temporarily seize the property in order to improve its condition, alter it in any way, or make improvements to it. However, any improvements to the property must not result in a loss to the tenant or have a major impact on his tenancy.

What are the responsibilities as a Tenant?

The Rent Control Act is in place to safeguard both the landlord and their property, as well as the renter. The renter is granted the following key rights under the Act:

1. Right Against Unfair Eviction: According to the Act, the landlord may not remove a tenant without a valid reason or cause. The eviction regulations varies somewhat from one state to the next. In certain states, in order to evict a tenant, the landlord must go to court and secure a court order. In certain places, the tenant cannot be evicted if he or she is ready to accept rent increases.

2. Fair Rent: When renting out a residence, the landlord cannot demand exorbitant rent. The worth of a property for rent is to be determined by the property’s value. If the tenant believes that the rent being demanded is excessive in comparison to the worth of the property, he or she may seek recourse in court. Typically, the rent should be between 8% and 10% of the property’s worth, including all expenditures invested via construction and fittings on the property.

3. Essential Services: It is the tenant’s basic right to have access to essential services such as water and electricity.
A landlord does not have the authority to revoke these services, even if the renter has failed to pay rent on the same or a separate property.

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