Before you are planning to give your home or land on lease, you will need to make a rent agreement. In fact, the agreement has to be signed or fingerprinted by both the parties. Moreover, both parties can be on the safe side after renting a house in accordance with the rules made by the government.
Article 9 of the Nepal Law Commission sets out the legal criteria for renting the house. In accordance to the article, a person is allowed to use his right or ownership of the house for a certain period of time by giving money to the original owner. Also, no one should give or take a house that is not suitable for human habitation in terms of health and safety. Besides this, they can extend the period of renting again and again if both parties agrees.
Things To Pay Attention In Agreement
If you are planning to rent a house, you have to sign a written document. The document should include the following:
- Full name, address and citizenship number of both parties. In addition, passport or any identity card if you are from foreign country.
- Address of the house or Land’s Kitta Number
- Purpose of Renting (बहालमा लिने प्रयोजन)
- Date of Renting (बहाल सुरु हुने मिति)
- Period of Renting (बहाल कायम रहने अवधि)
- Monthly Amount (मासिक बहाल रकम)
- The process of paying rent and time
- Obligation to pay the bills of electricity, drinking water, telephone etc. used in the house
- Things about paying tax (घर बहाल कर भुक्तानी गर्ने कुरा)
- Information about insurance if needed (बहालमा लिएको घरको बीमा गर्नुपर्ने भए सो सम्बन्धि कुरा)
- Things about leaving the rented house and removing the person in rent (बहालमा लिएको घर छाड्ने तथा बहालमा बसेको व्यक्तिलाई हटाउने सम्बन्धी कुरा)
- Whether a rented house can be rented out to another person
- Whether to increase the annual rent amount and, if yes, by how many percent?
- Disclose the advance amount given by the tenant to the landlord.
- If the terms of the agreement need to be added or amended, it can be done mutual consent of both the parties.
- Mention about the appropriate conditions for commitment that both sides should comply.
- Allegedly, if one of the parties does not fulfill the conditions, the aggrieved party can take legal action as per Article 5 of the Civil Code 2074.
- At the end of the MoU, sign or give fingerprints mentioning the names of both parties manifesting their three generations names as well.
- Both parties have to sign the contract / agreement to know that agreement was drafted and typed correctly.
Responsibility of the owner
- The tenants should get right to use the house as per the agreement.
- Unless otherwise stated in the agreement, water and electricity supply and sewerage and sanitation should be provided as long as the house is in rent.
- Further, to prevent tenant from being insecure, disturbed or disturbed by other people living in the house.
- To follow other things mentioned in the agreement.
Responsibility of the tenants
- Pay the rent to the householder within the stipulated time.
- Should treat the house like their own and take care of it.
- Additionally, should not disturb and harm other people living in the house.
- Follow the things mentioned in the agreement.
Conditions To Leave The Rented House
The tenant can leave the rented house before the end of the renting period in any of the following cases.
- If the householder does not fulfill his responsibility as agreed in contract.
- In case you don’t need a house for the purpose you had rented the house.
- Further, if the landlord acts against the agreement.
Conditions To Remove Tenants
In any of the following cases, the landlord may evict the tenant.
- If the tenant does not fulfill his obligation as per the agreement.
- If the tenant commits any offense prohibited by law within the rented house.
- In case the owner himself needs the house.
- If the owner has to renovate the house.
- If the house is not suitable for human habitation from technical and health point of view.
- When the renting period expires according to the agreement.
Conditions When House Renting Agreement Expires
In any of the following cases, the house renting agreement will be considered terminated.
- If the tenant leaves the house.
- In case the landlord evicts the tenants.
- If both parties ends the agreement in mutual understanding.
- If the renting period expires.
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