• Renting of property

I co-own a property with my wife. We both wish to rent it out. On the rent agreement is is legally acceptable to put one of our names as the Lessor instead of both names
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Rent agreement has to be signed both by you and your wife as both are co owners of property 

Ajay Sethi
Advocate, Mumbai
96716 Answers
7797 Consultations

Yes both the names should be put otherwise the rent agreement will not be valid.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

Yes, you may mention only one name as lessor in the lease agreement.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Since you both are joint owners of the property and either of you wish to lease it out to the tenant, either of you may execute a POA deed in favor of the other owner authorising him/her to let the property on lease/rent on behalf of other owner too.

This arrangement will be legally valid and can prevent any litigation in future. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Hello,

1.It is absolutely fine to put the name of either of you pr both as long as you both are agreeable to renting the apartment.

.2 As both of you are the co-owners, there is no requirement of a Power of Attorney to the other for renting.

 

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

- Since you both of you are co-owner of the property , then the rent agreement should be signed by both the  parties 

- However , if one of you unable to sign the same , then it can be done after executing POA in favour of other . 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

It is perfectly legal to have only one of the co-owners execute the rent agreement as landlord.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Yes you can rent it by one name but it is advisable to mention her as co-owner. Anyway there is no legal problem if you write your name only. In this case suggest you to take a power of attorney from your wife regarding dealing with the renting of property. 

Regards 

Gopender
Advocate, New Delhi
384 Answers

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