Being a tenant in an apartment community is an experience everyone must have at least once in their lives. The independence and thrill of staying in a place by yourself is priceless. However, sometimes the whole process of moving into a Gated Community can seem daunting, especially if you are a first-timer. However, there is nothing to be worried about as ADDA is here to help you with the residential rent agreement and smoothen the move-in process.
Documentation Process for residential rent agreement
One of the most vital documents a tenant must sign before moving into a new house is the rental agreement with the owner. The following items must be discussed with the owner:
- Monthly rent, maintenance and the annual increment for the same
- Who pays the utility bills?
- Recovery method in case there is a damage due to natural disaster.
- Who is in charge of repairs?
- Duration of notice period
Here is a sample residential rent agreement.
In states like Punjab, Jammu & Kashmir and Tamil Nadu, the legal requirements for tenant verification are stringently followed. In other states/cities like Delhi, Mumbai, Kolkata and Bangalore, tenant verification is a legal requirement, though it’s voluntary.
When the police conduct a tenant verification, they look for any red flags with regards to the tenants that may ring bells about any suspicious or illegal activities. To understand better about the process of tenant verification, click here.
When it comes down to the basics of tenant management in societies, it’s advisable to have the following documents handy to complete the verification process:
- Copy of sale deed: owner/Copy of rental agreement: tenant
- Valid photo identity of all members; Two copies (passport / Voter Card/Aadhar Card/PAN Card/Driver’s License)
- Passport size photographs: Two Nos. (only primary member)
While drafting a sample residential rent agreement, every tenant are charged certain charges for move in and move out. Some sample charges are as mentioned below. However, please note that these charges may vary according to the sizes of each community:
- Move-in deposit; Refundable after move out formalities (Single tenant, Family) – INR 5000
- Move in deposit; Refundable after move out formalities (multiple tenants) – INR 5000 each member)
- Reticulated gas deposits; Refundable after move-out formalities. – INR 2000
- Move in (Single tenant, Family) – INR 2500
- Move – in (Multiple tenants) – INR 1000 (each member)
- Move – out (Single tenant, Family) – INR 2500
- Move – out (Multiple-tenants) – INR 1000 (each member)
Rules and Regulations
Tenants are as equally a part of the community as every other resident. While your residential rent agreement may not cover all aspects, every Gated Community will have certain rules and regulations that must be followed by tenants residing in that community to help maintain peace and order:
- Throwing garbage outside the area other than the garbage chute area provided is prohibited.
- Dumping/ storing of hazardous materials/ waste anywhere in the Complex is strictly prohibited.
- Tenants should follow the rules set for garbage segregation at all times.
- Residents shall ensure that the building and common areas are kept clean and tidy in all respects and that garbage or trash is disposed off only as per disposal process laid down by the MC.
Security and Safety:
- Tenants should cooperate in providing safety and security of all other residents and should abide by the Rules and Bye Laws framed regarding the same from time to time.
- The speed limit is 15 kmph or as decided by the MC anywhere within the residential area when it comes to driving.
- Residents must ensure that their visitor’s vehicles are parked in the designated areas per the rules set by the management committee. While drawing up the residential rent agreement, do ask your landlord/lady about the parking arrangements set up for residents in the community.
- Residents must follow the instructions provided by security for their safety.
To read about the elevator usage guidelines, click here.
Repairs and Maintenance:
- Residents are bound by the Rules/Bye Laws framed by the Managing Committee regarding usage of common facilities and amenities, from time to time.
- Without prejudice to preceding clause no owner / Resident shall make any structural or other modification or alteration or repair within the apartment or on installations located therein without notifying the Association through the president / Secretary of the Managing Committee, and receiving it’s approval.
- If the Owner and tenant agree that the responsibility to pay maintenance and other related charges shall be of the tenant, the same needs to be clearly stated in the residential rent agreement and a copy of the same needs to be produced to the MC.
- If due to failure to discharge any of the responsibilities by the members, harm is caused to the common facilities in the building, in such circumstances, Association shall exercise its rights to take up such essential repairs and and the expenses incurred on such repairs shall be reimbursed to the Association by the member.
- Every owner/ tenant shall grant right of entry to the members of the Committee, or any person authorized by them, in case of any emergency originating in or threatening his or her apartment whether the owner is present or not.
Pet Rules and Regulations:
- Owners shall be responsible for proper care, including but not limited to flea control, yearly inoculations. Pet owners are expected to give all required immunization to the pets, maintain a complete record and produce it when requested. This may not be mentioned in the residential rent agreement, hence you can make a note of these rules here.
- Persons rearing pet and domestic animals must obtain permission and follow the rules of Hygiene & Regulations of Municipality. Domestic animals should not be let lose without proper escort.
- Domestic animals and pets which cause nuisance or annoyance or are dangerous in nature to other residents shall not be permitted.
For a complete guide on the different aspects of keeping pets in an apartment complex, read this blog.
Rules of Conduct:
- Spitting and committing and sort of nuisance in any common area is strictly prohibited. Residents shall observe all lifts, staircases, landings and lobbies, plaza, jogging track and basement as ‘NO SMOKING’ areas.
- Residents conduct with neighbours shall be in a manner that denotes a good relation and courtesy.
- Without prior written approval from the Managing Committee, except during special occasions, no music should be played that disturbs other residents.
- All residents should make limited use of water with care. In case of unavailability of water, residents shall follow the guidelines set by the Managing Committee on the usage of water.
Every member residing in a community, irrespective of whether they are an owner or tenant, are liable to pay Apartment maintenance charges to the Managing Committee or RWA (Resident Welfare Association) for the upkeep of common facilities like swimming pool, gymnasium, gardens, sport centers, recreational centers etc.
There are different charges covered under an apartment maintenance fee. As tenants, you must familiarize yourself with a complete breakdown of said charges and proper receipt for deposit, rent and maintenance paid during the formation of the residential rent agreement.
There are three different methods of maintenance charge calculation. Depending on the community, the committee may arrive at any one of the following methods of maintenance amount collection:
- Per square feet charge
- Equal maintenance fee
- Hybrid method
As decided by the association, tenants may have to pay the maintenance fee monthly, quarterly, Semi-annual or annually.
As per Maharashtra Co-operative society Act, members who do not pay the maintenance for a certain period of time can be termed ‘defaulters’. However, Management cannot charge an interest of more than 21% on defaulters.
With a society management sysstem like ADDA, you can keep a track of all your maintenance invoices which is automated for users by the app itself. To read more about how maintenance charges are calculated and the GST implications, read this blog.
Among many other things, the above mentioned points are some aspects that shouldn’t be overlooked and ought to be paid close attention to. This guide will make your community living peaceful and hassle-free. We hope you find it useful!