Disclaimer: I'm not against landlords and agents, but my experience is from the POV of a tenant ;)
Some key points (as of today):
- Both individual houses (or floor/units in them) and apartments are available.
- Unlike many other cities, houses are available cheaper than apartments.
- A deposit equivalent to 10 months rental has to be paid to the landlord which is refunded post-deductions, when you vacate the premises.
- Deductions could include last month's rent (if not paid) and painting charges (tenants are often asked to bear annual painting charges)
- In case of apartments, society maintenance is payable by the tenant and includes water charges.
- In case of houses, there's no maintenance but water charges are shared by all units on the site.
- Electricity charges are borne by the tenant
- In most cases, one month notice is required from either party for vacating the house
- Rental agreement is signed for a period of 11 months
- Houses can be found via agents (property dealers) or directly.
- Agents charge a maximum of one month's rental (negotiable) as their brokerage
Some best practices & ground realities:
Finding a house:
- Find a broker, he shows you houses, but it costs you brokerage: this is a no brainer so I won't elaborate much on this
- Lookup owner postings on sites like 99acres.com, MagicBricks.com, IndiaProperty.com & CraigsList and contact them directly. Most of these websites have been cluttered up by agents/brokers posting as owners (I wish these sites would do something about this menace) but it's easy to filter out the noise by using this thumb rule: if you see the same name and contact info on multiple ads, its a broker. Also, owners generally post precise information on location of property, sometimes even the address, whereas broker ads are generally vague. From my own experience, I've also found that agents post ads for fictitious properties available for lower rents on these websites. When you call them up, they'll simply say that property is no longer available but they'll be happy to show you other properties in the area.
- In you're interested in a particular area, pick up a two-wheeler and venture out around the streets looking out for To-Let signs. Most have direct contact numbers of owners. This works mostly for areas having more houses though (not apartments; for apartments, read next bullet). It isn't as silly as it sounds and you do get quite a few leads. But this approach doesn't work for areas where demand is high.
- If you're interested in apartments around a particular area, visit those apartments and ask the apartment security desk if any apartments are available for rent there. The guards can pass you owners' contact information if any are available. Beware though, of guards who direct you to the builders' marketing office or an agent, both will charge brokerage.
- Subscribe to your company's informal distribution lists.
- Ask your friends in other IT companies to let you know if they hear about some property available for rent. Companies like Infosys and TCS have very active email lists where property rental emails are circulated. Due to the large strength of these companies and long-term travels, there are always people moving & houses being put up for rent.
If you don't care much for Vastu compliance, this should be a pretty straightforward checklist, but a very important one. I'll be skipping the Vastu thing here since that's very comprehensive, I'm a novice and so won't be able to do justice to it in this post.
- Does the apartment get Cauvery (municipal supply) water? Try to get a house that does. Houses that don't get Cauvery water have to rely on secondary sources like tankers & so have higher maintenance charges.
- Does the house have a bore-well for secondary water supply? This is also very important as Cauvery water supply is time-bound and you would need either a large enough storage or a secondary source of water to get by.
- How big is the water storage? Is it dedicated for your unit or shared with other units? In apartments, shared is better as if the tank empties out, someone will get water pumped up. In houses, individual is better as you'll be pumping water yourself and when there's no water, you'll want to conserve.
- Generator backup? An important nice to have, though it would raise the maintenance charges. Let's just say that if you don't want to invest in an inverter, this is important.
- Individual electricity meter: Does the unit have have a dedicated electricity meter? This sounds obvious but it isn't. It's a given in an apartment though. However, in some houses, there is only one official meter for the site and multiple unofficial meters for each of the units. So, every month, all residents have to get together, calculate and split the bill. Such arrangements cause confusion and I would suggest you to avoid a house that has something like this.
- Sunlight: Does the house get adequate natural light & sunlight? Which direction does the balcony face in? Do the rooms get natural light?
- Parking: does the house have a reserved parking
- Balcony: not all houses and apartments in Bangalore have them but it's important if you want to sit out sometimes, or hang out clothes for drying.
- General condition of the house: fixtures, paint. Is the color of the walls and fllor pleasing to the eye? Confirm whether the flat will be painted before its rented out. Note any other thinsg that need repairs.
- Lighting: Note whether the house has enough lighting (florescent tubes, bulbs etc.)
- Mesh on windows: this is actually quite important to keep out mosquitoes and still have a flow of air, though it isn't a deal breaker
- Curtain rods: Yes, curtains are needed :)
- For apartments, security is a given. However, for houses, evaluate whether all direct or indirect openings into the house are secured by grills. Does the front door allow you to look outside (Magic eye or window overlooking entrance) before you open the door?
- Wardrobes and storage: Does the house have enough storage space built-in? Check the kitchen too.
Reviewing the locality/area
Ideally:
- Distance from your workspace
- Distance from nearest shop/market
- Not too crowded
- Not too noisy
- No slums in the vicinity
- Clean approach road
- Close to public transport and auto stand
- Not in the middle of nowhere
Pre-token:
- Deposit amount can be negotiated on. Most landlords (if asked) would agree for 6 months rent instead of 10, or a round figure.
- Some landlords state a combination of rent & deposit, rent can be increased if you want to pay lesser deposit and vice-versa. There's no set formula for this.
- Most people would ask up-front if tenants are a family or a group of bachelors. Some people want to let out their property only to families. Reasons stated mostly include a) more damage to property by bachelors & b) bachelors could cause disturbance to families living around
- You may be asked if you're a vegetarian or a non-vegetarian. Some people want to let out only to vegetarians.
- Most landlords would be willing to negotiate on rent. Around 10%.
- Some landlords "prefer" to let out to vegetarian families,but are open to group of bachelors & non-vegetarians. If they get their preferred tenant, the appetite for negotiation may become 15-20% too.
- Finalize the rent and deposit before giving a token.
- Visit the house with owner & list any repairs that you would like to be done before you move in. Check all elctrical switches, fans, lights & geysers.
- If you went through a broker, this is the time to negotiate on brokerage with him.
Token:
- If you like the house and would like the owner to hold it for you, give the owner some token advance. It's important to give this to the owner and not the broker. Ideally, it's a token amount so doesn't have to be a big amount, but it's good give between INR 3000-5000 so that the owner is sure of your interest and can stop showing the property to other potential tenants. If you change your mind, the token amount may not be returned so give a token when you're really interested and honour your word.
- Pass on your details to the owner (or agent) for the rental agreement.
- Insist that you read the agreement draft before it's typed on stamp paper.
- The first page of the rental agreement should be typed n a stamp paper. The rest of the pages can be on plain A4 Bond paper. Stamp papers are available from banks and intermediaries on payment of stamp duty. For rental agreement, make sure that the duty paid is INR 100 or more. Agreements made out on stamp papers less than INR 100 are not valid as address proof. This is important as you could need to use the rental agreement as residence proof while taking a mobile connection etc.
- Rental agreement should mention all clauses clearly. Read the draft and ask for changes if you don't agree with a clause. You may be told that its a standard format and just a formality. Remember that its a legal document and you should agree with what you're signing up for.
- The deductions from deposit should also be mentioned, preferably in absolute figures. example: painting charges
- Pay the deposit by one or more cheques, and mention the cheque numbers and amounts on the rental agreement. Don't pay in cash.
- It's advisable (though not necessary) that rent should also be paid by cheque or bank transfer.
- There is an original copy of the rental agreement which stays with the tenant and a copy of the agreement that stays with the landlord. It's standard practice to sign both original and copy in ink. Some landlords would insist that they should retain the original, and give you the copy. This is debatable and I'm not sure on what the law says.
- The rental agreement is signed in presence of two witnesses and you hand over the deposit cheques to the owner.
- If you went through a broker, this is the time to pay him too.
Taking possession:
- Take possession no later than the date mentioned in the rental agreement. This is the date from which you'll need to pay rent (pro-rated)
- Note the electricity and water meter readings in presence of the owner. You'll be paying for units consumed thereafter. Any unpaid usages will have to be cleared by the owner. (or cleared by you and adjusted in rent payout to owner)
- Ensure all repairs requestsed have been completed.
- Put your own lock on the house. Since the house was available to-let, its possible that one or more keys of original/owner's might still be there will some agents in the area to show to prospective tenants, this is just to prevent people entering.
- Pay rent by the due date mentioned in the agreement.
- Pay electricity bill by due-date.
- Pay maintenance/water charges to residents association by due date.
And then .... some day ...
Leaving a house:
- Give verbal notice to the owner a month before vacating, mention the date of which you'll be vacating the house
- During the notice period, the owner would want to show the place to other prospective tenants. The owner could choose to let out directly or through an agent. You may be asked to provide a duplicate key for this; its OK to provide this to the owner. However, giving a duplicate key to agent could mean that he could enter your house at any time using that key. Try not to provide the key. Be supportive though, by showing the place when you're present in the house. You could also pass the word around on the distribution list in your office, so that if someone else is interested in renting out the place, they can contact the owner directly.
- A couple of days before you vacate, the owner might want to inspect the house to make sure any breakage/damages can be accounted for. Confirm the deposit amount that you'll be expecting back so that both parties are in-sync
- On the day you're vacating the house, collect the deposit amount after deductions from the owner. On receipt of the amount, hand over the keys and the original rental agreement. You might have to attest the agreement saying you've received the refund of the deposit amount.
- A lot of times, owners insist that they'll return the amount after the next tenant moves in and pays the deposit. Sadly, this is a situation that people encounter a lot of times. Hand over the key and agreement only once you've gotten your advance back. This may result in a deadlock, but the owner would need to refund your money and resolve the deadlock. It's the owner's responsibility to refund your deposit money in time, and there's no reason why you should wait till the next tenant moves in. Depending on the situation, and how soon the owner decides to resolve the deadlock, you'll get your money back. The key is persistence.
Terminology:
- BHK: Short for Bedroom, Hall & Kitchen. A 2BHK would mean: 2 bredrooms, a hall & kitchen.
- Individual house: a house or a floor/unit in it
- Cots: Doesn't mean charpoy, it means the usual wooden beds
- Semi-furnished: could simply mean that the house has wardrobes and storage space. If additional furnishings and items are present, they'll be specifically mentioned
- Open parking: designated parking space at the ground level, with no shade on top
- Covered parking: designated parking space either on ground level or in basement. If on ground, it would have shade on top.

12 comments:
Hi..Thanks much for the info..I am also staying in Bangalore since last 7 years and right now I am in third rented house.
I have planned to move to a new house by next month. but porblem occurs, when today I have told to the house owner about it just for one month notice period before leaving. BUt now house owner insisting to give atleast three months notice period before vacating the house, which has never been told to me and neither its mentioned in agreement paper.
I have never faced such issue in previous two houses and given them notice period of one month as usual and they were very much agreed. but current house owner doesn't seems to be agree with that. As per him, its a rule to give atleast three month notice period.
Could you please help me, as how to resolve this issue,and get my advance money back?
Thanks,
Shailendra
@Shailendra
The rental agreement is the legal document between both parties, there are no unwritten rules outside of the document. Does your agreement mention 1 month notice, or does it not mention anything about notice at all? If it's the latter, then it's a gray area and you should decide on a mutually agreeable period with the owner. If the agreement mentions 1 month notice, there's no reason you should be giving a 3 month notice. Try & explain your situation and be persistent.
Regarding resolving the issue and getting the advance back, it's all about persistence & some negotiation. Once you've agreed on a notice period, cooperate with the owner if he wants to show the place to prospective tenants. If you want to go above & beyond, you could actively help the owner find the next tenant. You could pass the word around your locality, office email lists too that the house is available for rent.
Some practical things:
1. Owner wouldn't really care about how long the notice is, as long as:
a. he can find a new tenant in that period
b. he can arrange money to return your deposit (You should insist that your deposit is returned before you vacate)
2. In my experience, even though the agreement is a legal document and both parties are bound to it, its more practical to sort out issues amicably and by some adjustment. The legal processes take way too long, and so may not serve the purpose. If you found this flat through an agent, you could use him as a mediator.
3. If you smell a rat, at the very least you should cut your losses. Worst case, if you have to stay on for 3 months, ask the owner to deduct rent, dues etc. from deposit.
I agree that it isn't your duty to find a tenant for this guy. But unfortunately, adjustment/persistence/negotiation is more effective than confrontation in such cases. As I mentioned, the legal route is time consuming & not straightforward.
HTH!
-Manik
hey...nice to have the link to your blog..
regular_visitor ++
:)
prachi
Thank you very much for all your valuable information.
I had an agreement for (20Rs Stamp paper) rent with my landlord two years back oct 2006.
1. After that i have not renewed,
2. Still I'm staying in the same house!
3. Two months Notice period.
4. Deposited 50k as advance by cheque
If I vacate house at anytime in the next year, is it cause any problem becuase i have not renewed my rental agreement
Thanks in Advance
Thangamariappan
If you have a good understanding with your landlord, there shouldn't be a problem. At the end of the day, these things are based on mutual trust.
There's generally a renewal clause in rental agreements stating that the rent would be increased by 5/10%. AFAIK, when you extend the agreement beyond 11 months, you're supposed to sign a fresh agreement or some sort of addendum indicating that the agreement has been extended. But I'm not really sure about this.
Cheers
Manik
Very useful boss... keep it up.
This is very helpfull information.. Thanks for this.
Currently in my agreement stamp paper mentioned only address of house owner and my address and also the agreement start date. But the advance and the other points mentioned in the white papers. Does this will be a valid agreement?
Thanks,
Kumar
I am living many years in bangalore and have experiences with many landlords in the city. If you are hunting for a rental house in bangalore you need to keep in mind that most house owners have self made rules and regulations which are not seen in the rental rules of this country.
Bangalore is the only city in our country where the owners demand a ten months rent as security deposit. This is not infact a security deposit but a business deposit for many owners. I think many tenants who come to bangalore are IT employees and because of the huge chung of salary they take they have agreed for this huge security deposit and now this has become a normative and rule. Now as the recession is creeping in many IT bigshots are also finding it difficult to pay such a huge amount to pay as security deposit. Even in a metro city like Chennai you can rent a house by giving six months rent as security deposit but not in Bangalore.
Now another trend is coming up. Owners are demanding the tenants to paint the house when they leave or they threaten to deduct the amount from the security deposit. This is nasty and indecency. You need to keep in mind that painting comes under normal wear and tear and the tenant is not responsible for normal wear and tear. Please look for this clause in the rental agreement and if you see this mentioned then do not agree for it. If you succumb to it then soon this will become a normative and rule. Therefore beware of this clause.
can anyone tell me the procedures while making a rental agreement please? am havin lots of confusion whether to buy the stamp paper in sbm banks or any sub registrar office or both...
Re: Anonymous
You can buy the old-style stamp paper either from State Bank of Mysore or you could get an e-Stamp paper from one of the Stock Holding Corporation of India branches. Advantage of eStamp paper: The authenticity can be checked by anyone online by punching in the number, it also has a barcode & a watermark. More details can be found on http://www.shcilestamp.com/
HTH!
Cheers,
Manik
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Hi, I Took an apartment for rent in the month of october 2008 from a owner who was a nice person, who duly conducted all legal documentation and we got a Rental Lease Deed signed. This apartment was provided by a reputed Bangalore based Real Estate Agent. During my stay the Real Estate agent bought the property and changed the Name Plate outside the house to her name and also started collecting the Rent. In May 2009, I gave the owner a verbal notice that I will vacate the flat in 1 months time and then finally shifted out on 27th June 2009. Just before I left the house, the owner got a new agreement signed stating that she would require this for to present to some company who is willing to take the house on rent. However, she has not given a copy of the registered agreement yet. At the time of leaving the house, I handed over the Keys and in return she gave a cheque towards refund of House Security deposit dated 17th Jul 2009. The owner also requested not to present the cheque, till she confirms.
Each time we approached to get a date for cheque submission she kept making excuses. Finally to avoid lapse of Cheque Validation we deposited the cheque to My Bank. The cheque went for collection to Drawers Bank and got dishonored. As per Banking Policy the Returned cheque was couriered to my Correspondence address. Unfortunately the cheque got lost by my company after recieving it at Mail Room. During this, I had no communication from any of the Banks on the cheque status.
During August assuming that the cheque has not been paid, we started to follow-up with the owner and she started making acquisitions and expressed intentions of Not Making the Payment. We approached the bank for the returned cheque and then we realised the cheque was lost. After talking to Bank Manager they confirmed that when they sent the cheque for clearance on 30th Jul 2009, the drawers bank confirmed that there was a STOP CHEQUE instruction on the cheque.
I have requested the bank to give in writing why the cheque was not cleared. Now the owner does not want to pay back the deposit and she has also put a STOP PAYMENT on CHEQUE. Please advice how can I recover my money and suggest me some association or entity which can help an outsider recover money from a House Owner, who is also a Real Estate Agent.
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