CREATION OF TENANCY

CREATION OF TENANCY


1. AGREEMENT BETWEEN LANDLORD AND TENANT (SEC: 5)

  1. A landlord shall not let out a premise to a tenant except by a tenancy agreement.

  2. A landlord shall present the tenancy agreement before the Rent Registrar.

  3. The Rent Registrar shall enter the particulars of the tenancy in a register, affix his official seal on the tenancy agreement, retain a copy, and return the original agreement to the landlord.

  4. The entry of particulars of the tenancy shall not absolve the landlord or the tenant of their liability to register the tenancy agreement under the law relating to registration of documents.

  5. A tenancy agreement entered in the office of a Rent Registrar, or a certified copy thereof, shall be proof of the relationship of landlord and tenant.

  6. Any agreement executed between the landlord and tenant in respect of the premises shall be presented before the Rent Registrar in the same manner as provided in sub-section (2).


2. CONTENTS OF TENANCY AGREEMENT (SEC: 6)

  1. A tenancy agreement shall, as far as possible, include:
    a) Particulars of the landlord and the tenant;
    b) Description of the premises;
    c) Period of the tenancy;
    d) Rate of rent, rate of enhancement, due date, and mode of payment;
    e) Particulars of the landlord’s bank account, if rent is to be paid through a bank;
    f) The purpose for which the premises is let out; and
    g) Amount of advance rent, security, or pagri, if any.

  2. If the tenure of the tenancy is fixed, but the rent is fixed only for part of the tenure, and unless otherwise stated, the rent shall be deemed to remain the same throughout the tenancy.


3. MODE OF PAYMENT OF RENT (SEC: 7)

  1. A tenant shall pay or tender the rent to the landlord in the mode and by the date mentioned in the tenancy agreement.

  2. If no date is mentioned, rent shall be paid or tendered no later than the 10th day of the following month.

  3. If no mode of payment is mentioned, rent shall be paid or tendered through money order or deposit into the landlord's bank account.

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