WHY RENT AGREEMENT IS FOR 11 MONTHS ? CAN WE MAKE MORE THAN 11 MONTH

In this speedy marathon we will learn some basics of Registration Act and Delhi Rent Control Act applicablity in case of Rent Agreement is made for more than 12 Months

Let's understand.

• What is rent Agreement

It is an written agreement between landlord and tenant whereon both agrees on such terms and conditions mentioned therein.

• Is Stamp paper is mandatory for this agreement.

Yes. Normally we use Stamp Paper of value Rs. 50 or Rs. 100 and this can be done by any Notary Public easily.

• Now what will happen if we increase the tenure of lease/rent agreement more than 11 months

First of all we have to understand which documents are required to be register.

Applicablity of Registration Act 1908

As per Section 17 of Registration Act 1908 documents mentioned in Section 17 are mandatorily required to be registered.

As far as if we talk about Rent/lease agreement made for equal to or more than 12 months it will attract Stamp duty as well as registration of document becomes neccessary 

Applicablity of Delhi rent Control Act

If amount of rent charged by landlord is upto 3500 in that case the above act shall become applicable.

However amount charged by landlord is more than Rs. 3500 in that case benefit of Delhi Rent Control Act shall not work in the favour of tenent

What kind of benefit is given under Delhi Rent Control Act.

In case of dispute arised between landlord and tenant in that case tenant has been given some rights against landlord no need to go to any arbitration or court. Otherwise this Act won't  work in favour of tenant.

(1) In every proceeding of the recovery of possession of any premises on the ground specified in clause (a) of the proviso to sub-section (1) of section 14, the Controller shall, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteen of each succeeding month, a sum equivalent to the rent at that rate.

(2) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in sub-section (1), the tenant contest the claim for eviction, the landlord may, at any state of the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said sub-section.

(3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2), as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf.

(4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, and in such a case no person shall be entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same.

(5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant for reasons which are false or frivolous, the Controller may order the defense against eviction to be struck out and proceed with the hearing of the application.

(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord.

(7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the defense against eviction to be struck out an proceed with the hearing of the application.