How can I make sure I don’t become a victim in the process if the new agreement suddenly asks for a increase in rent?

2 years ago

I want to lease a land with 5 years lease agreement, landlord wants to scrap the agreement every 11 months and sign a new agreement again.
She said she will give me in writing in paper that I could lease the land for 5 years and the rent would be fixed for that period.
How should I proceed when signing the agreement, is that piece of paper sufficient to get guarantee of 5 years and no increase in rent when the original agreement is scrapped every 11 months?
How can I make sure I don’t become a victim in the process if the new agreement suddenly asks for a increase in rent?

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Sachin Pawar

Responded 2 years ago

A.Under registration act lease for more then 11 months must be registered so landlord for his convince not registered to protect from registered fees all other tax duty it's all complixity so it's better you make agreement for five years for safe and convince under registration act

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Anik

Responded 2 years ago

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A.Hi,
You can make an agreement and get it registered. Add a stipulation that the rent shall not be increased for five years even there is a new agreement. The new agreement should not invalidate this agreement.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
It is better to make an agreement and get it registered. She can add a stipulation that she won't increase the rent for five years. The new agreement after eleven months should not nullify the first agreement but only modify it without changing the rent.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Nowadays most Lease/ rent agreements are signed for 11 months so that they can avoid stamp duty and other charges. According to the Registration Act, 1908, the registration of a lease agreement is mandatory if the leasing period is more than 12 months. If an agreement is registered, stamp duty and registration fee needs to be paid for it. So to avoid legal complexities as well as for more monetary gain, the Landlord is preferring that 11 months' agreement so you have to be more cautious for drafting the Lease Agreement regarding its terms and conditions for renewal and the Lawyer having expertise in that regard will guide you in proper manner.

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