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Important Factors Of A Tenancy Contract

Once the owner and the tenant come to a mutual decision, they have to sign an important piece of agreement, which is known as the Tenancy Contract. The Tenancy Contract is the pact signed by both parties, one being the tenant and the other being the owner of the property. This document allows the tenant to stay at the property of the owner and gives the owner the right to receive the payment for letting the tenant to reside at his property.

This contract is a proof of the tenancy and is a legal step, which is required by any two parties agreeing upon a mutual decision. Although the tenancy contract can be oral as well as written, it is very much preferred and advised to have the tenancy contract in a written format, in order to avoid any undesirable arguments and fights. The written tenancy contract can act as an evidence of all the mutually agreed points by both parties and can be presented to the law if required.

The contract for the tenancy should follow certain guidelines. It should be designed as per the rules imposed in a country. It will not be any good if it does not focus on all the legal formalities. Both parties are eligible for certain benefits, if they design the agreement as per the law of the country and are accountable as well in case of violation.

Each point of the tenancy contract should be clearly mentioned separately in points to avoid any misunderstanding in the future, which in the end will be signed by both parties, proving their consent. A third person, who acts as a guarantor should be present at the time of the agreement, since he will be responsible for making sure that every month’s rent is being paid as per the defined time line and due dates. The starting and ending date of the tenancy should be clearly mentioned in the contract as well.

The payment that the tenant has to submit to the owner, has to be stated in both words, as well as numbers next to the agreed due date for the payments. The owner of the property will then give a written testimonial about the security deposit that he has the right to keep till the tenure of the tenancy. Even the amount of the security deposit has to be in words as well as in numbers.

A Tenancy Agreement must comprise of the method of rental payment by the tenant i.e. whether the tenant is supposed to pay rent directly to the landlord, through his agent, by postal order, or should it be in cash form or cheque. All these details should be mentioned clearly and vividly in the written record.

Moreover, some other issues can be settled in the agreement, as the tenant will have to pay all the utility bills, reconnection fees (in case of disconnection of any service), license fee of television, etc. Besides, points like the tenants should keep the house or property in good condition, no changes should be made in property without the permission of landlord, property rented for the residential use should not be used for commercial or any other purposes, etc can be included in the agreement. Similarly, the responsibilities of the landlords like the repair of property in case of damages (not done by tenant), tax payment, insurance of property from hazards, etc are also covered in the Tenancy Agreement.

It is very important to have all the details of the mutual consents decided by both parties to make sure that all legalities are being fulfilled.

James Harrison is a real estate consultant and has written many books on this subject, to know more about leftbank apartments please visit his recommended websites

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