Importance of Affidavits in Lease Deeds
Understanding Affidavit in Lease Agreement
An affidavit for rent agreement is a legal document that provides sworn testimony about certain facts related to a lease agreement. This usually serves to establish the legitimacy of the landlord and to avoid future disputes about the property details and tenancy. It is an important document that helps parties in a rental transaction when required by local laws or when a party needs extra legal protection.
Affidavits in a lease agreement often serve to:
Establish the ownership of the premises
Identify the landlord as the true owner of the property
Establish the identity of the tenant
Get a commitment from the tenant to comply with the terms of the tenancy
Affidavit documents are often used in similar transactions to provide the parties with a clear record and objective information about the transaction.
Affidavit for Rent Agreement is typically required by local law for certain types of leases. In other cases, it may be requested by a local registry office to validate the identity of the owner of the property .
In most cases, an affidavit for rent agreement may be done at the same time as the transaction whereby the landlord and tenant officially sign the rental agreement. The parties may be compelled to complete this from by a local office.
An affidavit of identity is an agreement that serves to prove that the landlord owns the property in a sole name. It identifies the owner and also identifies the premises being rented. These types of affidavits are often used when a landlord is purchasing a home or when newly divorced.
In a case where the tenant is renting from a friend or relative, the relationship between the two may prevent necessary background checks from being completed on the tenant. A landlord may thus prepare an affidavit of tenant to declare that they have known the tenant for a specific period of time. In doing so, the landlord is also waiving their rights to perform a full credit check and to validate the tenant’s information.
In many areas, a signed affidavit for rent agreement may be required to register the lease agreement. As the parties prepare for their lease agreement, the landlord or an agent can prepare the affidavit for signoff.
Affidavit Necessity in Rental Issues
An Affidavit is needed in these Rental Matters
There are certain conditions and disputes in which an Affidavit is required to be filed.
These are:
a. For recovery of rent: –
Where the landlord files a suit for recovery of the rent, the plaintiff’s plea has to be supported by an affidavit. In this case, the plaintiff has to state that no part of the rent has been paid to the landlord. In some states, the provision has been made to attach an affidavit with the plaint. This condition has to be given effect in any state where the provision has been made. However, the affidavit, in some cases, is not necessarily required. In case of a defence plea, the defendant has to clarify that he/she has paid the rent to the landlord. This aspect needs to be stated by him/her in an affidavit.
b. For Execution:
An Affidavit for the execution of lease, titled "Affidavit for Records", is always preferred by the person who initiates the proceedings for execution of the lease. This Affidavit has to be signed by the deponent, i.e., (lessor or lessor’ attorney). In such cases, it is not necessary for the deponent to be present at the time of recording execution.
c. Admission / Denial:
In the case of an objection/counter filed regarding the execution, an affidavit has to be filled by the party. Through this Affidavit, the correctness of the facts may be corroborated.
How to Prepare a Rent Agreement Affidavit
The validity of the affidavit is determined by its contents. The affidavit must be properly structured in order to stand as evidence in a court of law. The following components should be included in the drafting of a rent agreement referral:
• Names of Parties to the Agreement: The names of both the lessor and lessee should be provided in the body of the rental tenancy agreement, and the relationship between them should also be declared.
• Subject: This section of the rent agreement should specify whether the lease is for commercial or residential premises. An agreement regarding residential premises should comply with the provisions of the Karnataka Rent Control Act, 2001, and a lease for commercial premises will have to abide by the provisions of the Transfer of Property Act, 1882.
• Duration: The duration of the tenancy must be mentioned clearly in the lease agreement. A lease that lasts more than one year will have to be executed in writing and signed by both parties, as well as registered, in order to be enforceable. (Section 107 of the Transfer of Property Act, 1882)
• Amount of Rent: The rent amount and how it is to be paid should be specified in the rent agreement. Any changes in these conditions should be stated clearly and unambiguously in the body of the document.
• Agreements and Arrangements: The agreements of the parties with respect to the arrangement are to be incorporated in the rent agreement. In addition, the names and details of the witnesses who sign the rental agreement should be included in the document.
A rent agreement affidavit and its contents, if supported by evidence, can be used to support either party’s claim, provided it is properly signed, witnessed, and stamped.
Legality & Authentication
Affidavit forms for rent agreements have no legal sanctity unless they are duly signed by both the parties to the rent agreement, notarized and verified by a Public Notary or Government Official, depending upon the jurisdiction.
There are several aspects to fulfil in the process of validation of Affidavit for Rent Agreement which include the following: The individual or organisation (landlord and tenant) desiring to enter into a rent agreement is required to sign the Affidavit in front of a Notary Public or government official (these government officials should not be an employee or official in the organisation) on a Stamp Paper stating the following information: The Affidavit should be duly signed by the registering authority. The authority could be the Registrar and Sub-Registrar as well as the Sub-District Magistrate and Executive Magistrate . Physical appearance of the individual in front of Notary Public/Government Official: Once the Affidavit is signed in front of Notary Public/ government official, it is required to be verified by the Notary Public / government official. Verification should be given on the Stamp Paper number and Signature with the mentioning of place (City name) and date of execution. The verification also should mention the Affidavit in respect of the organisation such as the "Affidavit of Registration of Company", "Affidavit of Partnership deed in the Name of Aa, Bb and Cc", "Affidavit of opening Bank account" etc. Verification allows the person to record his/her statement in writing or through oral evidence. It is essential to note that Judgment of SC of Indian State has stated that Affidavit is as good as sworn testimony; hence, it is very important to validate the affidavit and ensure that it meets the requirements of enforceability.
Common Errors
While drafting an affidavit for a rent agreement for the first time, there are certain mistakes that individuals tend to make without awareness. To make sure that you’ve covered all the bases in your affidavit, here are some common mistakes to look out for and avoid. Registering for a GST/VAT number is not mandatory for all types of rental income. Do check whether registration is needed in your case. If it isn’t, ensure that you do not mention the GST/VAT amount in the affidavit. Conversely, you should be mentioning the exact GST/VAT amount if it is required for your type of rental income. Postal address, phone number and email, by itself, are not enough identification for both parties involved. Details such as the names of registered shareholders, directors, proprietors and/or partners, and the name under which the business is registered must also be granted to correctly identify the entity in the eyes of the law. A bank statement and/or canceled cheque helps with identification – but an individual’s name written on the cheque or statement is not sufficient. The information must be printed on it, with the bank’s name and logo. Allow an affidavit for a rent agreement to be deemed valid by including this detail. All of the above are just the basic requirements to fulfill the identification process. Depending on your jurisdiction, you may be required to provide more details specific to your state/territory/country. It cannot be emphasized enough that you do thorough research to fulfill ALL requirements before submitting an affidavit for a rent agreement for consideration.
Expert Opinion
When creating an affidavit for a rent agreement, it can be beneficial to consult with legal experts familiar with real estate laws in your area. Renting and leasing laws can differ significantly from one city, state or country to another, and your affidavit must reflect the laws in your particular locality. These professionals will be able to advise you on the forms you need to fill out, the documents necessary to complete a rental, and the steps you need to take if there is a dispute over your lease. It is generally advisable to enlist professional legal help when dealing with real estate and property related contracts, like a rent agreement. In many jurisdictions, a rent agreement affidavit is a legally binding contract, and a lawyer may be able to recommend the best way to protect yourself from future disputes , possible fraud, or potential liabilities. Most attorneys can draft a proper affidavit swiftly, and will be able to thoroughly explain all aspects of the agreement, including the rights and obligations of each party. Once you have rented your property to a tenant, it may be difficult to evict them without a proper affidavit in your possession. The easiest way to consult a legal expert is to search online for real estate attorneys in your area. Many people also ask family and friends for referrals to qualified professionals, which can also work well. When selecting a legal advisor, you should make sure to read reviews of their business or visit their offices directly to determine whether they are a good choice for your particular needs.