Rent Agreement in Gurgaon – Guide and Ready Format

A rent agreement in Gurgaon is a legal contract signed by the landlord (the property’s owner) and the tenant (the person renting the property) that outlines the terms and conditions under which a property is rented. It helps prevent disputes by defining the rights, responsibilities, terms, duration, and conditions for renewal or termination.

In Gurgaon (Haryana), the landlord-tenant relationship is governed by the Haryana Urban (Control of Rent and Eviction) Act, 1973. It aims to ensure equitable rental practices by defending tenants’ rights and restraining rent increases in cities. The statute covers all towns and urban areas in Haryana, but not cantonment regions. It is an important part of state housing policy since it defines guidelines for rent control, eviction procedures, and tenant rights.

What is the Haryana Urban (Control of Rent and Eviction) Act, 1973?

It is legislation governing the rights of a home renter. It regulates rent increases within urban bounds, excluding cantonment districts.

How to make a rental agreement in Gurgaon

• Make a draft of the rental agreement.
• Print the draft using Stamp paper with a suggested value
• Put the landlord’s and tenant’s signatures where they belong. Additionally, two witnesses need to sign the agreement.
• The local Sub-Registrar’s office should register the paper if the agreement stands for more than 11 months.

Points that should be included in the rent agreement in Gurgaon

• Parties’ Details: The parties’ details include names, addresses, and other information required by the landlord and renter in line with their eligibility under state-specific rent regulations.
• Description and purpose of the rented property: The agreement should include a description of the rental property, including the complete address, the number of rooms, the amenities and services provided, and the purpose of the rental, including whether it is for residential or commercial use. It cannot be used for illegal purposes either.
• Rent, Maintenance costs, Rent Revision, and Terms of Payment: It should cover mutually agreed-upon rent, maintenance costs, updated rent, monthly due dates, and the mode of payment (cash, bank transfer, or other methods).
• Security Deposit: The agreement should specify the amount of the deposit, the return date, and any deductions for damages or other reasons.
• Penalty: The contract should outline a penalty and other expenses for which the tenant will be liable if they do not pay rent on time. Rights and Duties: When it comes to leasing space, it is important to specify each party’s rights and obligations.
• Maintenance & Utilities: The Rent agreement should specify who is in charge of what, including the utilities, maintenance, and basic amenities that the landlord provides for the rented area, along with the related expenses. 
• Renewal Clause: Requirements for extending and renewing agreements.
• Jurisdiction: If the parties are unable to agree, refer to the state where the property is located or provide a feasible alternative that complies with the state’s rental legislation. 
• Lock-in Period: Clearly indicate how long the lease cannot be terminated by either the renter or the owner.
• Pets: Owner decides whether to allow pets or not.
• Food Habits: If the landlord has imposed dietary restrictions on the property, such as those about alcohol consumption, smoking, non-vegetarianism, etc.
• Overstay: In case a renter stays past the agreed-upon/fixed period, the contract requires the owner to pay the predetermined penalty sum.

Stamp Duty and Registration for Rent Agreement in Gurgaon

Stamp Duty in Gurgaon—Source: Updatedstampdutyandregistrationfees.pdf

The Haryana-specific Schedule I-A, which lays out stamp duty rates for various instruments in the state, includes Article 35, which covers leases and agreements to let or sublet.

From the downloadable PDF “Updated Stamp Duty and Registration Fees” on the Jamabandi portal, Schedule I-A lists all instrument categories and corresponding duties, including different slabs for lease periods.

Schedule I-A outlines these state-specific rate details, which are accessible via the Jamabandi website’s PDF on stamp duty and registration.

Documents Required for Registration

Below are the documents that the owner must provide to register:

• Original documentation proving property ownership or title
• Two (2) passport-sized pictures
• You must have an Aadhaar card or have received one when applying for one.
• Government-issued identification, such as a driver’s license, voter ID, passport, etc.
• The rental agreement, printed on due-value stamp paper

Documents that the tenant must provide to register:

• Two (2) passport-sized pictures.
• Aadhaar card, or, if the applicant is Indian, the receipt obtained at the time of application. The original passport is necessary if the individual is a foreign national.
• If the renter is a registered company, a board decision or authorization letter from the business stating the person’s right to register the lease and the company seal.
• One person must produce a power of attorney deed if they are registering on behalf of another.

Frequently Asked Questions

• Is police verification mandatory in Gurgaon?
  • RWA and society do urge and occasionally enforce tenant police verification. Haryana Police services provide access online or at the local police station.
• Can someone register a rent agreement online in Gurgaon?
  • No, it is not yet possible to register completely online. Online services do, however, provide doorstep assistance for document preparation; nonetheless, final biometric registration still requires actual presence.
• Who pays the stamp duty and registration fees—landlord or tenant?
  • Both parties decide the answer, but in general, the tenant pays stamp duty and registration fees. Additionally, tenants frequently split costs, particularly in business or luxury rentals.
  • The landlord or tenant (or both) can pay as agreed; if silent, the tenant pays stamp duty (Sec 29, Indian Stamp Act), and they share registration charges or decide as stated (Sec 30, Registration Act).
• What happens if someone does not register a long-term rental arrangement?
  • The agreement, in response:
    • It might not be upheld in court, which can result in problems during eviction or court cases.
    • It is then not acceptable as proof of formal address.
    • It could result in fines or disagreements with authorities.
• Can NRIs enter into rental agreements for Haryana properties?
  • Yes. A Power of Attorney (PoA) holder has the authority to sign and record rent agreements on behalf of NRIs.

Disclaimer:

The information provided herein is for general guidance only. Rates of stamp duty, registration charges, fees, and related legal provisions govern the Indian Stamp Act, 1899 (as amended in Haryana), the Registration Act, 1908, the Haryana Urban (Control of Rent and Eviction) Act, 1973, and other applicable laws, and are subject to amendments, notifications, and circulars that the government issues from time to time. Users must verify the latest applicable laws, rules, and rates before executing any legal document.