Cyril (Manager) 08 July 2011

Terms of a Registered Lease Agreement

Hi all,

Some friends of mine who are Americans have taken an apartment on a lease for 11 months. I have a few queries regarding the lease.

1) The landlord wants the lease registered. Since its the landlord's need and not the tenant's need does the tenant bear the registration fees?

2) The landlord wishes to register the lease to ensure that the tenant stays through the entire period of the lease. Can such a clause be mandated? what is the workaround?

3) There is no property dealer who can intermediate between the tenant and landlord in this case. So in case of a dispute who shall bear the costs?

4) I fear for these friends of mine getting into a bad deal, so what are the clauses in the lease deed i should ensure are there and what should i watch out for.

Will appreciate your advice on the matter! Thanks a million

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3 Replies

niraj (legal practitioner) 08 July 2011

Dear Cyril, pointwise advice are following

1-registration of lease for period less than 12months is optional not mandatory and expences are negotiable between parties.

2-tenant can not be forced to stay until expiration of lease but payment of lease rent is negotiable and as maximum a clause regarding period for notice to vacate the premises can be mentioned.

3-there is no need of mediator. In case of dispute before any court the court shall order to bear the cost to the party to whome the court thinks fit.

4-please contact a competant advocate nearby you and he will solve your problem

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Cyril (Manager) 08 July 2011

The said property is in Mehrauli, New Delhi.

Where would I find a lawyer to help us through this and what would be the legal fees and lawyer fees to this?

thanks once again

Hardeep (Business) 08 July 2011

Just my thoughts : - any lawyer well versed in property law can help you - however whatever you decide obviously has to be acceptable to the landlord too. - so better would be to ask the landlord for his draft and then take it to the lawyer and he can tell you if there is anything wrong - the us embassy may be able to refer your friends to some lawyers they have used for such purposes - there are even mnc companies like cushman Wakefield , Richard Ellis who could help - re fees I don't think there is a set rate - you will just have to ask them Hope abv of some use - let the forum know how it ultimately worked out ...