• How to rent out flat safely?

I am going to give my residential flat (in Kolkata) on rent by executing a Leave & Licensee Agreement for a duration of 11 months, with security deposit as monthly rent payable before 5th of every month.
I'm preferring the payments all in cash only.
The person has given me a photocopy of his VoterID and Aadhar card.
I've also the photocopy of the Broker's VoterID.
Questions:
1. Are there any documents I need to collect or check?
2. Is police verification required of the person?
3. Do I need to submit the notarized copy of the Leave and License Agreement to the Police Station?
4. What if the signature of the Licensee is not the same as shown in VoterID card? Is there a problem if he just signs his name?
5. I would prefer cash payment. Is it necessary if the monthly rent payments by Licensee be done via cheque or online?
6. Any other items I need to be careful about?
Asked 3 years ago in Property Law
Religion: Muslim

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6 Answers

1) insist on police verification .enclose copy of leave and licence agreement 

 

2) get leave and licence agreement vetted by lawyer 

 

3) you need to register your leave and licence agreement 

 

4) dont take cash payments 

 

5) there should be clause regarding payment of penal rent if licencee fails to vacate premises on expiry of agreement 

Ajay Sethi
Advocate, Mumbai
97612 Answers
7902 Consultations

1. You shall have to get a leave and license agreement for 11 months notarised.

 

2.In case of repeat agreement. execute the next agreement with his wife leaving a gap of one month.

 

3. Submit his profile with photograph with local police station to play safe.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

 

  1. Obtain his statement of bank account to ascertain his financial status to ensure that he financially sound.
  2. It is safe to obtain his police verification.
  3. You are required to submit copy of rent agreement, his id to police.
  4. There may be difference between two signs and differences will increase with passage to time, check date of his sign on voter id and agreement.
  5. It better for both if payment of rent is made through bank either cheque or online.
  6. As him to produce two reference from locality or two respected citizens.
  7. As the agreement is for 11 months duration registration  is not necessary.

 

Ravi Shinde
Advocate, Hyderabad
4488 Answers
42 Consultations

1. If the documents submitted to identify the tenant is satisfactory then that would be sufficient.

2. If it is a practice prevailing in your area  to inform police about the tenants then better give it in writing bout the details of the tenant.

3. The police may require a copy of the same.

4. You may have to decide about that especially if you suspect the genuineness of the tenant.

5. It depends on the mode of payment to be made by the tenant, you cannot force him to pay it only by case for obvious reasons.

 

T Kalaiselvan
Advocate, Vellore
87814 Answers
2365 Consultations

Dear Sir,

1. DOCUMENTS TO BE COLLECTED/CHECKED: 

  • The original proof/evidence of ownership or title of the property
  • Property documents such as Index II or tax receipt of the property to be leased
  • Two photographs of each of the parties and one of each of the witnesses
  • Copy of the address proof of both the parties and witnesses. Passport, Aadhar Card, Ration Card, Bank Passbook or Driving License; any of them can be submitted as the address proof.

2. No, not essential

3. No, not mandatory

4. No, the signatures have to be same, in order to prevent any future risk

5. No, even cash payment is valid and accepted, however please have receipts

6. Make sure the provisions of rent agreement is carefully explained to the tenant

Thank you

God Bless

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

1. The leave & License agreement must be registered , specially if given more than 11 months period.

2. Yes

3. Yes

4. Take his finger thumb on the agreement. 

5. Online is better but it not mandatory 

6. The agreement should be signed two witnesses. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

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