RENT AGREEMENT

[DURGAVADHYULA SUBBA RAO]

Dear Sir,

For an individual possessing own house and intends to let out on rental basis,

which of the following agreements are suitable. Kindly deliberate on this issue.

1.  LEASE AGREEMENT

2. TENANCY AGREEMENT

3.  LICENCE AGREEMENT

Whether these agreements can be enforceable under law.  Out of the above 3 agreements, which one do you suggest to be the best. What is the minimum and maximum stamp duty (for Andhra Pradesh).

Whether this agreement is required to be registered with Registration Dept. ?

There are some litigants who drag on the case years and decades and creates problems to landlords. In such a case is there any law restricting the tenant to vacate the house within a reasonable period say 1 to 3 months period ?  Since owners are facing problems inspite of entering into agreement with tenants on stamp paper.

Shall be grateful for an early reply. Best Regards.  D.SUBBA RAO

[MANDAVILLI RAMAKRISHNA]

as per law all these three agreements are same.

If the agreement has not consisted the clause " renewable on mutual

terms " then agreement will be powerful. also put a condition that 

owner can repair the property during the lease period also and having

rights to enter into the property during day time along with workers

and tools and machines.

AI Summary

Agreement classification: lease, tenancy and licence treated similarly; drafting should secure landlord repair and entry rights. The document states that lease, tenancy and licence agreements are treated similarly and recommends contractual drafting to strengthen enforceability by omitting a 'renewable on mutual terms' clause and by including express landlord rights to enter during daytime and to carry out repairs; it notes no definitive statutory guidance on registration or stamp duty is provided, so contractual terms are relied upon to manage possession and control during occupation.