As you probably know, lease agreements are hard to come by in Bangladesh. With the template tenancy contract provided below, we hope to smooth over the occasionally rocky leasing process. The template has been put together with all relevant parties in mind, and works for all types of properties.
The Benefits of a Written Tenancy Contract
Non-verbal and legally binding tenancy agreements are becoming ever more popular in Bangladesh, both in its rural, as well as its great metropolitan areas, such as Dhaka and Chittagong. This development can be explained by examining the substantial benefits that a written contract offers over a verbal agreement, such as documentation, which can be used as evidence in court.
In keeping with this shift away from verbal tenancy agreements, the Ministry of Law, Justice and Parliamentary Affairs has issued countless papers, highlighting the specific rights and privileges of landlords and tenants. With over 300 pages of clauses and sub-clauses pertaining to every individuals rights before the law, we here at Lamudi.com.bd, have sifted through the protracted legal documents to show you exactly what you need to know about legally-binding, written tenancy contracts.
Understanding the Finer Points of the Lease Agreement
Firstly, it is important to note that in Bangladesh, there are significant legal differences between agricultural and non-agricultural tenants. Thus, settling for a plot of land for rent in Chattogram will result in different rights before the law, than finding the perfect apartments for rent in Dhaka.
Another important factor to keep in mind is whether the tenant is legally allowed to use the residence for business purposes. In the Non-Agricultural Tenancy Act of 1949, it is clearly stated that this matter is subject to the nature of the contract signed by the two parties. Therefore, if you are aiming to use your apartment, house, commercial space or plot of land for commercial purposes, be sure to include a clause in the tenancy agreement, stating that this is understood and accepted by the Landlord.
A further point of note is the power conveyed upon the landlord to hire a ‘Controller’ who may, according to the ‘Premises Rent Control Act’ of 1991, enter and inspect the premises any time between sunset and sunrise. This means that the Landlord has considerable power over the leased property, and the tenant has to accept the ‘Controller’ into his/her home at any reasonable hour to inspect the premises.
In Bangladesh’s tenancy law, the power tends to lie with the landlord. A good example of this is the landlords’ ability to increase the rent paid in the lease significantly, if the increased rental price is to pay for improvements to the property, or the supply of furniture to the flat or house.
Final Considerations on the Tenancy Agreement
Keeping in mind the points mentioned above, be sure to also remember these key considerations before signing a legally binding tenancy contract:
- Ensure that you have seen the property you wish to rent from the inside and outside!
- Do not rent a property that has dangerous structural damages.
- Make sure you and the Landlord have agreed on the total price of the monthly lease, in order to avoid being surprised by additional charges down the road.
- If you have any doubts about the legitimacy of the agreement, be sure to consult a professional.