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Is it true that rent agreement cannot exceed three years in Mumbai?

  • I want to rent an office space for period of 5 years. According to the broker, one cannot have a rent agreement for more than 3 years in Mumbai (as far as office rentals are concerned). Is this true? The idea is to freeze the base rent and annual increment for a period of 5 years so that I am assured that my investment in doing the interiors is not wasted and my outflow remains predictable. If a 5 year rent agreement is not possible, what are some other ways to freeze rates for the said duration?

  • Answer:

    Great information.   The problem with the Mumbai and Indian real estate market in general is that most brokers are part time professional. They usually work on half knowledge which is sufficient for most transactions.   There are some people who are trying to solve this problem and organise the sector. One such website is http://www.noplacelikehome.in - These guys have tied up with a reputed real estate legal firm and therefore can answer such questions and help with these transactions.

Shashank Chahar at Quora Visit the source

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Other answers

My current office agreement starting June 2013 is for a period of 5 years with a 3 year lock in. On May 7th 2005, the rule that a rental agreement cannot exceed 3 years was amended. Now the maximum period is 5 years. Here's a link with some rules http://www.mid-day.com/news/2012/may/090512-mumbai-Lease-of-strife.htm However, this does not mean that you absolutely cannot have a leave & license agreement beyond 5 years. The standard agreement available with the broker may not work though & you might have to involve a lawyer. For a 5 year agreement, the standard agreement suffices. Here's a link that talks about a 9 year agreement http://mumbai.olx.in/pre-lease-property-for-sale-iid-490093614 There sees to be a maximum lease period though, beyond which the agreement becomes invalid. There was no such cap earlier (there are lease agreements in force that are for a period of 999 years), but as of 2013, its 30 years http://www.mumbai-real-estate.in/prices/expiring-long-lease-contracts-augment-price/

Arya Patnaik

The lawyers at http://www.officialmatters.in can help with questions such as these for free. https://l.facebook.com/l.php?u=http%3A%2F%2Fwww.officialmatters.in%2F&h=HAQGOzZf5 has a team of lawyers that can assist you to create rental contracts. Often the nuances and technical aspects of the law are ignored or misunderstood while doing such things yourself and this is where the experienced team of lawyers can help you

Akshit Shah

No. Specific answer to your query is Rent Agreement or Also called as Leave and Licence Agreement can be drafted legally for 60 Months tenure. That is 5 years. One must get the agreement registered to safe guard the interest the of  Landlord and tenant. get it done at http://www.rentagreementregistration.com Landlord can add a clause to vacate the premises in 6 moths notice. Tenant at the other hand can add a clause to have a lock in period of at least 36 months. You can find more information at igr maharashtra website.Download a sample copy of agreement here - http://www.rentagreementregistration.com

Gauravkumar Kate

Yes you can give your office on rent for 5 years. Its called leave and licence. If you want you can do it for more than 5 years but that would be lease agreement. Beware of lease agreements as its creates tenancy rights for lessee. It make difficult for you to remove him. So as long as its 5 years go for leave and license agreement. Just make sure to take deposit of atleast 6 months of rent.

Manish Dedhia

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