2021-09-08
Lease contract: content, term, abusive clauses... BARNES tells you everything
The rental agreement is a contractual document that defines the rights and obligations of a tenant and a landlord when renting a property. This document must be read and approved by both parties. A copy will be given to each party. It is important to know the terms of a rental contract before signing it and committing oneself, that is why our BARNES Mauritius teams have decided to detail the contents, the duration and the abusive clauses of a rental contract on the Mauritian real estate market.
The content of the lease contract
In all rental contracts, the parties are designated at the beginning of the contract. This corresponds to the surnames, first names, civilities, addresses and dates of birth of each of the parties. After that, there is the designation of the premises, with the address of the property, the description of the latter (number of rooms, bathrooms...). Once the designation of the parties and the premises has been made, there are numerous clauses governing the rights and obligations of the parties, the amount of the rent, the security deposit and the effective date of the rental contract, but also a clause concerning the inventory of fixtures. The rental agreement clarifies the rental process for both the owner and the tenant.
The duration of the lease contract
In the real estate market in Mauritius, the lease contract is valid for a period of one year tacitly renewable. This means that each year, your contract will be renewed for another year, and this indefinitely. If the tenant wishes to leave the accommodation, he will have to send a registered letter with acknowledgement of receipt to his landlord three months before his departure. On the other hand, if the owner wishes to get the property back, for example to sell it, he will have to send a registered letter with acknowledgement of receipt to his tenant at least three months before the end of the rental contract.
Abusive clauses in the lease contract
In the rental contract, there is a section that lists all the clauses known as 'abusive'. Many people ask what these abusive clauses are for, it is very simple: in case of non-respect of one of these clauses, the rental contract becomes null and void and can be terminated. For example, if the landlord does not deliver a property in a good state of use and in good working order, this can be a clause for termination of the lease. On the other hand, if the tenant does not pay his rent regularly or does not keep all the furniture in good condition, this can also be a clause of termination of the lease.
Our BARNES teams, experts in real estate rentals throughout Mauritius, recommend that you have this document prepared by a real estate professional in order to avoid any dispute. Our consultants are at your disposal for any real estate rental project or for any additional information on the rental contract and its functioning.
