IN A RENTAL AGREEMENT WHAT ARE THEY?

by Vinay Singh seo and marketing adviser

When formalizing a rental contract, if this is not prepared by a lawyer specializing in leases, you can find null aspects and clauses, this is clauses contrary to what the law indicates, which therefore are not valid. We analyze how a rental agreement should be in accordance with the law and those clauses that are not suitable. Attentive!

Sometimes when formalizing a rental, many individuals choose the option of downloading a draft or contract type of internet without previously having sufficient guarantees that it complies with the law and, therefore, that all its clauses are subject to what indicates the Law of Leases. These types of practices, in addition to others, such as those individuals who want to include their own conditions outside the legislation make them invalid or invalid.

MINIMUM STAY OF ONE YEAR

From the entry into force of the reform of the Law of Leases, the tenant, that is the tenant, can withdraw from the rental contract, after six months from the formalization of the contract. However, to proceed to withdraw from the contract, after the first six months, you must notify the property of the property 30 days in advance and, if a contract is specified and agreed, you will have to compensate the owner with an amount equivalent to one month of rent for each year that remains to be fulfilled, or the proportional part.

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THE LANDLORD CAN ENTER THE LEASED DWELLING

Another common clause that we can find among the most repeated as null is that the landlord can enter the leased housing at any time to check the status of the same or make revisions of the house. This clause is completely null and while the house is rented, the owner cannot enter it, unless the tenant has consented, since it would violate the inviolability of the domicile established in article of the Indian Constitution. Therefore, the tenant may refuse to let the landlord into the house.

PAYMENT OF SEVERAL RENTS IN ADVANCE

The advance payment of more than one monthly rent may not be obligated by contract , as set forth in the Leasing Law in its article.

“Unless otherwise agreed, the payment of the rent will be monthly and must be made in the first seven days of the month. In no case may the landlord require the advance payment of more than one monthly rent ”

APPLICATION OF SEVERAL BONDS

In this section you should not confuse bond and security deposit or additional guarantees. If you doubt what the deposit is and what the deposit, in this post we explain. Regarding the deposit, and as indicated by the aforementioned LAU in its article.

"Upon the conclusion of the contract, the requirement and provision of cash deposit in an amount equivalent to a monthly rent in the rental of housing and two in the lease for use other than housing."

Therefore, for the rental of homes the legal bond corresponds to a monthly payment while, in the rental of premises, offices, warehouses or garages, all those other than the use of housing correspond to two monthly payments of bail.

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WHAT TO DO TO CORRECTLY WRITE A RENTAL CONTRACT?

To avoid this type of error and Null clauses from Secure Rental we always recommend that before renting a property, we contact professional advisors to help us manage everything related to the lease.

If you have questions about the rental agreements, in this mini guide to prepare a lease we explain everything you need to be in accordance with the law.

To have a continuous legal advice, with contract according to the law and the guarantee of timely payment on the 5th of each month, you just have to contact Rent Insurance. We take care of everything with our comprehensive rental management.