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Bihar Rent Agreement Format

July 26, 2024 by Team Instabizfilings

Bihar Rent Agreement Format

 

It is time for a more efficient way to create rental agreements instead of the old, slow method. Say, "Gee, wish there was a quicker, easier way." Instabiz Filings is your answer. At LegalDocs, you can fill in and prepare rent agreements from your home in record time based on the rent laws of your state. Also, we bring you 100% legal rent agreements right to your doorstep.

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 Get ready to bid farewell to the traditional methods of getting things done and level up with the help of Instabiz Filings. This organisation aims to work in groups and satisfy the customers. Let us assist you with managing the legal rents from the comfort of your home. 

 

Rent Agreement Format for Bihar

 

We at Instabiz Filings have a ready made rent agreement format which can be used to make a rent agreement in Bihar. Our format of the paper includes the clauses and provisions required by the laws of a particular country hence legal. 

 

 Some of the main fields that have to be preserved in our rent agreement format for Bihar are the agreement term, rent fixations, maintenance clause, which, and other significant provisions agreed under the Act No. III of 1947 of Bihar. 

 

  

Thus, landlords and tenants can choose and configure the rent agreement to their taste using a convenient menu. He or she can input the party of the agreement as well as the details of the property, the rent amount, and other specifics that may be needed in the agreement, including property tax Raipur

 

 Let our pre-designed rent agreement format assist you in saving time and help you get a legal rent agreement which defines the contract between you and the other party. You are also in a position to easily add more clauses or provisions depending on your needs but at the same time, the format adheres to the legal frameworks provided by the state.

 

Important clauses which should be covered in a Rent Agreement

 

When drafting a rental agreement, including the following clauses can help protect both the landlord and tenant and avoid potential disputes:When drafting a rental agreement, including the following clauses can help protect both the landlord and tenant and avoid potential disputes: 

 

  • Payments: When providing the details on rent, monthly fees for maintenance, and the security deposit, it should be done with precision to eliminate any confusion. State the date on which the rent is to be paid each month. 

  • Late Payment Penalty: Explain how much the tenant is likely to be charged in addition to or instead of paying the normal rent due to their tardiness. 

  • Lock-in Period: Include the time period after which neither party can cancel the contract so as to avoid early cancellation of the contract. 

  • Consequences of Overstay: Expressly write the consequences or possible legal cases which may pursue the tenant that makes him or her remain on the property after the expiry of the particular lease term and without renewal of the lease. 

  • Food Habits: If the landlord is particularly rigid about the tenants’ food choices within the house (for example, no meat, no alcohol, no drugs etc), write these guidelines in the agreement. 

  • Pets: In case the landlord does not allow any form of pets in his/her compound then it is required that you state that the property is not pet friendly. 

  •  Maintenance and Repairs: State who should be answerable for the maintenance as well as repair of such properties. Clearly outline who is to handle specific kinds of repair works, how to report them and how to deal with them.

  • Subletting: The rule of this ban needs to be followed by a statement of whether or not subletting of the property is allowed. People are always advised to indicate the possibility of subletting and the conditions and/or prerequisites that may be met before the act takes place. 

  • Security Deposit: Detail the amount of security deposit which should also estimate the return policy which will indicate when the security deposit will be refunded to the tenant after the end of the lease period. 

  • Notice Period: Say the notice period at which a particular party can decide and notify the other party to terminate the contract. 

  • Entry and Inspection: It should clarify when the landlord is allowed to enter the property to inspect or for any other reason. 

  • Use of Property: List how the property will be utilised by the tenant and any kind of activity or process that is prohibited. 

  •  Utilities and Bills: Also indicate whether various utilities such as water, electricity, gas amongst others are included in the rent or whether the tenant is to cater for the services on his own. 

  •  Dispute Resolution: In every contract draft, it is necessary to ensure that the clause indicates how and where the dispute will be resolved if the two parties disagree. 

 

Note: However, if you have any other clause that you may feel is necessary at the time of making the agreement, such as the inclusion of a Police Verification Certificate for additional security, you may incorporate the same.

 

Bihar Act 3 of 1947

 

It is a state law in Bihar that governs the letting of buildings and the rent of such buildings in Bihar and it is given the title of Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 (Bihar Act 3 of 1947). The Act was enacted in 1947 and is effective from the date of the passing of the Act, that is March 15, 1947. 

 

 The Act came into force in Bihar from the date it was passed and binds any new building for the state while excluding certain structures as defined in the Act. Under the Act, a “tenant” is a person who lives in a building as a tenant for some consideration in the form of rental. 

 

 The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 applies to all buildings in Bihar, except for the following types of buildings:The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 applies to all buildings in Bihar, except for the following types of buildings: 

 

  •  Government buildings 

  • Educational institutions 

  • Religious institutions 

  • Structure that are involved in industrial or commercial activities 

  • Closed structures with the living quarters, owned by the landlord or used by his family. 

  • Buildings let for a period which does not exceed three months 

 

 This act stipulates that there be a Rent Controller, which is a Sub-Divisional Officer in charge of a subdivision to hear and determine disputes between landlords and tenants.

 

Here are some of the key provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 related to rent agreements:Here are some of the key provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 related to rent agreements: 

 

  • The parties must reduce the terms of the rent agreement in writing and the instrument be signed by the parties indicators. 

  • Most of the rents must be stamped as well as registered if the duration of such agreement is above 11 months. 

  •  The rent agreement regarding the property to be let must contain details of the amount of rent, duration of the lease and other stipulations in relation to the lease. 

  • The rent agreement is to be made and signed in the presence of a witness, who must also put his signature on the rent agreement. 

 

 The Act also provides for a number of safeguards for tenants, including:

 

  • Again, the rent cannot just be adjusted as often it is the source of disagreements between landlords and tenants. 

  • One of the tenant’s rights is that upon expiration of the lease term, he or she can renew the lease. 

  • The tenant cannot be turned out without justifiable cause.

 

There are some lawful causes that justify eviction of a tenant in Bihar under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947. These reasons include: 

 

  • Non-payment of rent: If the tenant does not pay rent for two months and above, the tenant can be ejected out of the house. 

  • Use of the premises for illegal purposes: he or she can be expelled if the tenant uses the premise for unlawful business such as selling drugs or practising prostitution. 

  • Subletting or assigning the lease without the landlord’s consent: It is unlawful for the tenant to assign the lease or sublet premises without following the landlord’s permission, and for this reason, the tenant can be evicted. 

  • Damage to the premises: Nevertheless, the tenant may be ejected if he or she caused significant harm or destruction or any property of the premises. 

  • Eviction for public purpose: This can be done for the purpose of the premises being required for instance for construction of a road, a school, and so on and so forth.

 

Stamp Duty in Bihar

 

Speaking of e-stamping services as of now Bihar does not have e-stamping services. The legal charge on rent agreements within Bihar is stamp duty, and the amount required depends on some factors that include the rental value as well as the period of the agreement in terms of months or years. Non-payment of stamp duty at prescribed rates makes the rent agreement legal, which is why one should ensure that the payment is made accordingly. 

 

 Here are the stamp duty and registration charges for rent agreements in Bihar: At present for making the Rent Agreement most of the inhabitants of Bihar pay the amount of Rs. 100 as stamp duty. 

 

 Where the agreement shows a tenure of twelve months or less tenure; the sable stamp duty is 1 % of the amount of the annual rent or five hundred rupees whichever the amount is less. 

 

  •  For agreement with a term of one to five years: Six percent of the average annual rent. 

  •  For agreement with a term of more than five years: Eight percent of the average yearly rent as specified in section ‘Other condition’. 

 Concerning the registration aspect, it needs to be mentioned that agreements for renting premises that are for a term of less than eleven months do not require registration in Bihar. However, if their plan is to draw up an agreement that will take more than 11 months to fulfil, registration becomes compulsory. 

 

 However, if you want it to be legally binding and want to get it registered then this rent agreement should be stamped and registered within 30 days of the execution. 

 

 The registration charges for rent agreements in Bihar can be paid at any sub-registrar’s office in Bihar which depends on the Rent Control Act 1980. The rent agreement must also be in writing and the agreement signed by the lessor and the lessee in presence of witnesses. 

 

 Here are some of the documents that you will need to get the rent agreement stamped and registered:Here are some of the documents that you will need to get the rent agreement stamped and registered: 

 

  • Original rent agreement 

  • Documentation of the identification of the tenant and the landlord 

  • Tenants and landlords’ utility bills, Voter registration cards, Bin Tax registration cards, driving licence(locking address), Tenancy agreements 

  • Identify and address card/birth certificate/passport of the witness

For related documentation, you might also need to consider a Salary Slip Format if you are employing staff or managing financial records in your rental property business.

 

Disclaimer

 

The information provided in this blog is purely for general informational purposes only. While every effort has been made to ensure the accuracy, reliability and completeness of the content presented, we make no representations or warranties of any kind, express or implied, for the same. 

 

We expressly disclaim any and all liability for any loss, damage or injury arising from or in connection with the use of or reliance on this information. This includes, but is not limited to, any direct, indirect, incidental, consequential or punitive damage.


Further, we reserve the right to make changes to the content at any time without prior notice. For specific advice tailored to your situation, we request you to get in touch with us.


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