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If an individual who owns or possesses a house, transfer the right to use the house for a specific period, then it is deemed that the house have been rented.
Timestamp:
0:00 Introduction to House Rent Law in Nepal
0:26 Term of House Rent Agreement in Nepal
0:52 Matters to be Included in Rental Agreement
2:04 Obligation of House Owner
2:33 Obligation of Tenant
3:00 Payment of House Rent
3:32 Obligation to Pay Tax and Other Charges
3:47 Repair and Maintenance of Rented House
3:54 Termination of Agreement and Leaving Rented House by Tenant
4:30 Termination of Agreement and Eviction of Tenant by House owner
Term of House Rent Agreement in Nepal
1. The term for Rental Agreement in Nepal for Rental Purposes mentioned above shall be according to agreement without exceeding five years.
2. If the house is rented for Business Purposes, the term of rental agreement will be as prescribed on the said agreement.
3. However, the term of agreement can be added after the expiry of the agreement, upon mutual consent of the parties.
Matters to be Included in Rental Agreement
(1) Full name and address of the Owner and the tenant, their citizenship number, and passport or identification certificate, in the case of a foreigner,
(2) Place and plot number of the land where the house is located,
(3) Purpose for rent,
(4) Date of commencement of rent,
(5) Validity period of rent,
(6) Monthly rent,
(7) Time and mode of payment of rent,
(8) Liability to pay tariffs of electricity, water supply, telephone, used in the house,
(9) Matter on payment of house rent tax,
(10) If the rented house is to be insured then matter relating to it,
(11) Matter on leaving the rented house and eviction of the tenant from it,
(12) Matter as to whether the rented house can be sublet to another or not, and
(13) Other necessary matters.
However, it is not necessary to enter into an agreement in writing with the tenant if the monthly house rent does not exceed twenty thousand rupees.
While The Rental Agreement is prepared, two Witnesses must also sign the agreement and each agreement thereof shall be retained each by the owner and the tenant.
Obligation to pay tax and other charge:
Except as otherwise set forth in the agreement, it shall be the obligation of the house owner to pay the tax and other charges leviable by law in relation to the rented house.
Termination of Agreement and Leaving Rented House by Tenant:
A Tenant has the right to leave the rented house before the Expiration of the Rental Period in the following circumstances:
a) If the house owner fails to perform their obligations
(b) If the tenant no longer needs the house for the purpose for which they rented it,
(c) If the house owner does any act contravening the agreement or prevailing Nepalese law.
However, the tenant must give the house owner advanced written notice of at least 35 days before leaving the Building.
Termination of Agreement and Eviction of Tenant by House owner
In the following circumstances, the house owner can remove the tenant from the house:
(a) If the tenant fails to perform their obligations,
(b) If the tenant commits in the rented house any offense related activity prohibited by law,
(c) If the house owner needs the house for themselves,
(d) If it is necessary to repair and maintain the house by removing inhabitants from the house,
(e) If the rented house does not appear to be appropriate for human habitation from technical and health perspectives,
(f) If the period of house rent expires,
(g) If the tenant does any act in contravention of the agreement or prevailing Nepalese law,
The House/Land Owner must give a written notice to the tenant in advance of at least 35 days to evict the tenant.
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