To promote rental housing in India, the government has formulated a draft directive, the Model Tenancy Act, 2020, to make the transaction beneficial for both landlords and tenants. The provisions established under this model policy should be the guiding principles for the preparation of a lease agreement. According to the union`s housing minister, the policy, which will likely soon replace existing rental housing laws across India, will unleash a crore unit in India`s rental housing markets. The rental agreement or lease is processed on a stamp document. There are 2 types of rental in India, one is a lease that lasts at least 12 months. This is governed by the rent control laws adopted by the Land Government. The other type is a rental and license agreement with a maximum duration of 11 months, which is not covered by rent control laws. Until a lease is registered with the sub-regulatory office, it has no legal effect. It is for both parties to design and register an agreement with specific conditions. After the rental agreement has been established, the owner must print it on stamp paper. Once the tenant and landlord have signed the documents in the presence of two witnesses, they must declare them to the sub-regulator after payment of the required fee. When registering the lease, you must pay a stamp duty that varies depending on the city in which it is registered. This amount is paid by purchasing the stamp paper you owe to the government.
In Delhi, stamp duty is equal to 2% of the average annual rent, for rental contracts with a maximum duration of five years. In Noida, you have to pay 2% of the annual rent as stamp duty, for rentals of up to 11 months. On the other hand, lease or license agreements are concluded for a period of 11 months, with the possibility of renewing the contract at the end of the contract. As an 11-month lease, only one license for the tenant is to occupy the premises for a short period. As a result, rent control laws do not apply in most countries. In addition, 11-month lease agreements allow the landlord to take more action in case of eviction of the tenant from the property. Therefore, most landlords prefer to enter into an 11-month lease agreement with the option to renew at the end of the contract term.