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A lease agreement is an arrangement between two parties ? lessor and lessee, by which the lessor allows the lessee the right to use a property owned or managed by the lessor for a specified period of time, in exchange for periodic payment of rentals. The agreement does not provide ownership rights to the lessee.
Under the 1999 Act, tenants could not be evicted as long as they were 'ready and willing' to pay the rent. However, the 2021 Model Act empowers the landlord to evict the tenant in cases of non-payment of rent, misuse of premises, making structural changes without the consent of the landlord, etc.
The Model Act requires the landlord and tenant to sign a written agreement which specifies the rent, period of tenancy and other related terms. Security deposit is capped at two months' rent for residential premises, and six months' rent for non-residential premises.
Lease under Transfer of Property Act, 1882 deals with section 105 to section 117. A lease can be done only of immovable property. A lease is the enjoyment of immovable property for a certain period of time or in perpetuity. But, in lease transfer of immovable property is not absolute like there it is in sale.
Basic Laws Both Parties Must Abide By A Rental Agreement. ... Property Maintenance. ... Payable Rent. ... Security Deposit Payable. ... Eviction of the Tenant. ... Right to Temporary Recovery of Possession. ... Right to be Advised of Repairs and Changes. ... Maintenance and Damage Repairs Post Renting.