Rent Agreement in Noida

What is the Importance of a Rental Agreement in Noida?

Noida, as a city, does not hold a very good image, when it comes to the jurisdiction. Violence and criminal offences are frequent. Being in a city where you do not know who can be a criminal or who can turn out to be a criminal, it is better to have everything well documented, in a legal format.
Despite its ‘not-so-good’ record in terms of safety, the city is home to many employment opportunities, which attracts individuals from other parts of the country. Besides this, the infrastructural development made in recent times can beat even that of a metropolitan city. This has further added value to the real estate sector in Noida.
More than a number of people are renting out places for their residential and commercial use and often fall prey to deceivers. This is when you need the legislation to intervene. However, you need to have proper evidence and proof for the same. In order to stay within the brackets of the legislation and seek their protection, the onus is upon the tenants to register a rental agreement in Noida.
The registration fees are minimal, and you can ensure a good stay during the lock-in period. Besides this, there are a number of rights that a rental agreement offers to the tenants and the landlords.

What are the Legal Rights of the Owners?

According to the Constitution of India, a landlord is eligible to enjoy the rights on the successful registration of the rental agreement in Noida.

• The tenant cannot claim possession of the property, irrespective of the number of years he has resided in the property.
• An owner has the authority to use the security deposit paid by the tenant, in case the tenant fails to pay the monthly rent. On the exhaustion of the security deposit, the landlord holds the right to terminate the rental agreement and give notice to the tenant to vacate the rental property.
• The owner has the right to conduct a proper background verification of the tenant before he moves into his property. The tenant has to provide proper identity proof and employment details when asked by the landlord when the rental agreement is being created.
• The owner possesses the right to impose his food choices on the tenant, and the inclusion of the same is necessary in the rental agreement. For example, the landlord can ask the tenant not to cook or bring meat and eggs within the premises of the property.
• Once the agreement expires, the landlord possesses a say on the renewal or termination of the rental agreement. If the tenant wishes to stay, the owner can decide to renew the agreement.
• When the tenant decides to move out of the property during the lock-in period, the owner holds the right to hold the security deposit. Besides this, if the tenant absconds without any notice, the owner can take ownership of the security deposit and cease the agreement.
• An owner can terminate the contract without any prior notice if the tenant is found using the rental property to serve an illegal purpose. The jurisdiction gives the authority to the owner to withhold the security deposit in such cases.

What are the Legal Rights of the Tenants?

Since the property is of the landlord, the tenant is constantly under the fear of being evicted. If he is new to Noida, he may take several days or weeks to find another suitable rental property. In such a case, a rental agreement can protect him from a forceful eviction.
Below are some of the legal rights of the tenants:

• The tenant is eligible to receve the security deposit on the completion of the lock-in period, given that he does not cause any intentional damage to the property or any part of it.
• The tenant is not liable for the maintenance and repair that is needed by the rental property. He can discuss with the owner, get the issue fixed and reimbursed. He need not bear the cost of the maintenance.
• When the owner and the tenant registers a rental agreement, the rent has to be the same until the completion of the lock-in period. The owner cannot abruptly increase the rent without any prior notice and consent of the tenant.
• An owner cannot ask for a security deposit that exceeds the total amount of three months of rent.
• Once the property is rented, an owner cannot enter the premise without the prior permission of the tenant. The tenant is eligible to have complete privacy, despite being at the rental property.
• The owner cannot terminate the contract. If he wants to do so, he has to give proper reasoning to the tenant, pay the security deposit in full, and give notice to the tenant to vacate the flat. This applies only in cases wherein the behaviour of the tenant is within the permissible limits of the rental agreement.
• An owner cannot terminate the rental agreement on discriminatory grounds of caste, colour, creed, gender, class, etc.

Other than the benefits of the rights that a rental agreement gives to the tenants and the owners, it is the moral duty of the citizens of India to register a rental agreement. Usually, the rental agreements that are created for the period of 11 months or lesser do not need to be registered. However, the agreement is to be made on the stamp paper that is at least 2% of the value of the total monthly rent
If you, as a tenant, are unsure about your stay period, it is always a good idea to stick to a lock-in period of less than a year to avoid paying stamp duty and other registration expenses. On failure to register the rental agreement, the owner and the tenant can face the heat of jurisdiction of India. Hence, it is recommended to register your rental agreement in an acceptable format and with clauses that benefit both the parties.

What Should be Kept in Mind During the Creation of a Rental Agreement?

While the term ‘Registration of a rental agreement’ may be heavy on your head, considering the impression that we have about the legal procedures, it is actually not so complicated. On the contrary, the government has launched an online portal to assist and encourage the creation of a rental agreement online in Noida. This means that you can now register your contract online without knocking on the doors of any professional. However, you need to be mindful of the steps that you have to take in the online journey.
First of all, you need to gather all the required details and the documents to fill in all the details. The process is easier when you have an Aadhaar card handy. Otherwise, you have to first register yourself for an Aadhaar card, and then you are eligible for the registration of a rental agreement online in Noida.
Besides this, you need to have two witnesses, who have to be present at the time of the biometric verification. They need to carry an Aadhaar card and a Pan card as proof.
You and your owner/tenant have to come to a common agreement when talking about the real-life day-in and day-out scenarios of staying in a rental property. Take the conclusion of the discussion on the stamp paper, along with the rent amount, security deposit, and the lock-in period.
Also, discuss the nature of the termination of the rental agreement both, during and after the completion of the lock-in period. However, the best way to avoid sparing your time and energy behind these legal procedures, you can opt for an easy way out by seeking professional help.
You can ask brokers and lawyers to help with the creation of the rental agreements. They will charge you for the processing of the rental agreement, but you will save your time. However, if you want to save both time and money, you can contact NoBroker.
If you have rented the property via NoBroker, our executives must have proposed to assist you with the processing of the rental agreement. However, you can seek our assistance, even if you have rented the property through other sources.

How can NoBroker Help in the Processing of a Rental Agreement in Noida?

NoBroker takes a customer-first approach when it comes to offering a service. You can directly log in to www.nobroker.in/rental-agreements. Here, you can select the city as Noida and choose your designation as a tenant or a landlord.
If you are new to NoBroker, you will need to register yourself with the help of your phone number. The registration process will typically take less than a minute, once you enter the OTP. You will be directed to a form, wherein you will fill out all the details, and a sample of the agreement will help you determine the useful clauses that you can discuss with your landlord/tenant.
Ultimately, you do not need to step out of your house, as we deliver the soft copy of the rental agreement directly to you.