The tenancy agreement under the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017

After the Act commenced, premises it applies to are let or taken on rent only by an agreement in writing signed jointly by the landlord and the tenant, in the form the Act's First Schedule specifies, registered or notarised, and made in two originals — one for each of them. The Act states that; how a tenancy from before the Act is brought in; the ceiling on the security deposit; and what follows for the evidence where the information is absent. The First Schedule's form is not read for this section.

What such a document contains

In writing, signed by both, registered or notarised, in two originals
No person lets or takes on rent any premises except by an agreement in writing signed by the landlord and tenant jointly, in the form specified in the Act's First Schedule; the agreement is registered or notarised with a notary public, and two copies are made in original, one each for the landlord and the tenantSection 4(1), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
A tenancy from before the Act is brought in too
Where a written agreement for an earlier tenancy was already entered into, it is registered or notarised within the period the sub-section allows from the commencement of the Act; where none was made, the landlord and tenant enter into one in the First Schedule's form and register or notarise it within that periodSection 4(2), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
What the agreement is evidence of, and what follows without it
Information provided under the section is taken as evidence of the facts relating to the tenancy and matters connected with it, and in its absence a statement in the agreement is not received as evidence of those facts in any court of lawSection 4(3), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
The ceiling on the security deposit
Save an agreement to the contrary, it is unlawful to charge a security deposit in excess of the multiple of the monthly rent the section fixesSection 11(1), Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018)
The particulars of the premises, the parties and the tenancy
The premises, the landlord and the tenant, the rent and the terms of the tenancy, and the facts the agreement rests on. Such documents carry these; the prescribed form is not read for this sectionConvention rather than law

This document is under Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018), which is the Act in force in Andhra Pradesh. A tenancy in another State is under that State's own Act.

Not established

  • The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 states what the agreement is for and what it rests on. The form it takes, and the manner in which it is presented, are set by rules made under the Act by the State, and those rules are not established here.
  • The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 applies to the areas it names or the State Government notifies, and not to every premises inside them — it exempts the classes its own sections and notifications exempt. Whether a particular premises is inside the Act is not established here; outside it, the general law of leases in the Transfer of Property Act governs the notice and the ending of the tenancy instead.

What this guide is not

Of the points listed below, four are fixed by the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 (Act No. 10 of 2018) itself and one are convention — such documents carry them, and no provision read for this section requires them. This is a description of a kind of document and not a document — confirm the contents of any document in a particular matter with an advocate.

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