Rent Agreement Rules in Kerala

Renting a property or a house is a common practice in Kerala. It is an ideal option for those who cannot afford to buy a house or are not willing to commit to a long-term investment. However, to ensure a smooth and hassle-free tenancy, it is crucial to have a well-documented rental agreement that outlines the terms and conditions between the landlord and the tenant.

In Kerala, the landlords and tenants must follow specific rules and regulations while preparing the rental agreement. Here are some essential rules that you should keep in mind while drafting a rent agreement in Kerala.

1. Registration of Rent Agreement

In Kerala, the rent agreement needs to be registered with the local sub-registrar office to make it legally valid. The landlord and the tenant must visit the sub-registrar office to register the rent agreement within four months of the signing of the agreement. The registration fee for a rent agreement in Kerala is 1% of the annual rent or Rs. 100, whichever is higher.

2. Security Deposit

The landlord can collect a security deposit from the tenant at the time of entering into the rental agreement. As per the Kerala Rent Control Act, the security deposit cannot exceed three months of the rent. Moreover, the security deposit must be returned to the tenant at the end of the tenancy period, after deducting any damages, rent arrears, or other dues.

3. Rent and Rent Hike

The rent amount and the frequency of rent payment must be clearly mentioned in the rental agreement. In Kerala, the landlord cannot increase the rent during the tenancy period arbitrarily. The rent hike can only be done after every three years and must be in line with the Consumer Price Index (CPI).

4. Maintenance and Repairs

The landlord is responsible for maintaining the rented property in good condition. In the rental agreement, it should be clearly mentioned which party has the responsibility for maintenance and repairs. If any repairs need to be done during the tenancy period, the landlord must do it within a reasonable time frame after receiving a written complaint from the tenant.

5. Termination of Rent Agreement

The tenancy can be terminated by either the landlord or the tenant after giving a notice period of 15 days if the tenancy period is less than 12 months, and 30 days if the tenancy period is more than 12 months. The notice period must be in writing and sent through a registered post or delivered personally to the other party.

Conclusion

A comprehensive rental agreement is essential for a hassle-free tenancy in Kerala. The above rules are crucial to ensure a smooth relationship between the landlord and the tenant. Both parties must adhere to these rules to avoid any legal disputes in the future. It is always advisable to consult a legal expert while drafting a rental agreement to ensure that all the clauses are legally valid and binding.