New Delhi. There are often reports of disputes between landlord and tenant. It is common to have disputes over small matters, but many times this dispute is over the possession of the property in which the tenants live. To avoid this, landlords started making rent agreements, but even today disputes regarding the claim of possession are increasing. But, today we are telling you about such documents, which will completely reject this claim of the tenant.
At present, the system of rent or lease agreements exists to protect the interests of landlords. Despite this agreement, tenants have tried to take over the house on a large scale. In response to this, property owners have now started adopting the option of 'Lease and License' agreements. Lease and license are also much like rent or lease agreement or rent deed. Simply, some clauses written in it are changed. Property expert Pradeep Mishra is giving complete information about how lease and license are made and what are its benefits.
This is entirely in favor of the landlord
Be it rent or lease agreement or lease and license, all these documents are created unilaterally to protect the interests of the landlord. So that, the possibilities of the tenant taking possession of the property can be eliminated. Therefore, it clearly mentions that the owner of the property is letting it to the tenant for residential or commercial use for a fixed period. This time period can range from 11 months to a few years. If the tenant is taking the property for residential use then it will not be used for commercial use. If the agreement is not extended then the tenant will have to vacate the house. In leases and licenses the landlord is called the 'licensor' and the tenant is called the 'licensee'.
What is the difference between the two?
Rent agreements are generally made for residential properties for a period of 11 months. Whereas lease agreements are used for a period of 12 or more months. Furthermore, it is commonly used for renting out commercial properties. Here lease and license can be made for a period ranging from 10 to 15 days to 10 years. The special thing is that all these documents can be made on stamp paper only through a notary. Apart from this, if the rental period is 12 years or more then it is necessary to get it registered from the court, because the immovable property is a subject of state list, in such a situation the registration fee in different provinces of the country is one to two percent of the rent of the country.
Which of the two documents is better?
Lease and license can be considered better than rent or lease agreement. It can be made for a minimum period of 10 to 15 days as well as for a period as long as 10 years. Along with this, it is clearly stated that the licensee i.e. the tenant will not make any claim or demand any right on the property in any way. Due to this, the landlord retains ownership of the property even if it is in the tenant's possession for some time. Another good thing in this is that when two parties sign a rent or lease agreement with mutual consent and one of the parties dies, then in those circumstances his heir can continue that agreement with mutual consent. Could. Can do. This is not the case with lease and license. It becomes void upon someone's death.