Lease Agreement

What is a Lease agreement

The Lease agreement is a contract between the Lessor and Lessee which permits the lessee to use the property for a limited period of time which is owned by the Lessor. The consideration for the  lease agreement shall be rent. The normal period of Lease agreement shall be 12 months or more and the registration is composer in that case.

Essential elements of Lease agreement

It is mandatory that the lease agreement should always be in written. It is very difficult to prove a oral agreement.

Caution on going for lease or rent

  • Lessor possesses title over the property: The lessee should always ensure whether the lessor possesses a clear title over the property and whether he has got complete right to let the property for rent or lease.
  • Encumbrance: whether the property is free from any legal encumbrances such as mortgage of prior rental existence.

Rental Agreement

A rental agreement shall always be for a period less than 11 months with an option to renew for a further period. Registration is not needed as in case of  Rental Agreement.

Fine Points

What is the difference between Lease and the Rental

Period

Major difference between Lease & rental is the term. Mostly lease agreement shall be for 12 months period or more ie., to say it will always for longer period. But whereas in case of rental, period of time shall be very short ie to say 11 months or below.

Registration

In the case of lease agreement, the registration is compulsory as that is a contract for more than 12 months of period. But whereas the registration process is not needed as in case of Rental deed where the term of agreement is below 12 months.

Eviction process

The eviction process is complex in case of lease which is not intricate in case of rental.

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