In today's digital world, landlords and tenants may not always be available at the same place or at the same time to sign a rental agreement.
Geographical distance, work commitments, travel, health issues, or other personal circumstances may make it difficult for a landlord to be physically present for execution of the rental agreement.
Fortunately, there are several practical ways to complete the rental agreement process with minimum physical presence.
Can a Rental Agreement Be Signed Online?
Yes. Depending on the circumstances and the applicable requirements, a rental agreement can be circulated and signed electronically using:
- Digital/e-signature platforms such as DocuSign and other e-signing applications
- Assistance from a local representative, family member, friend, or property manager
- A Power of Attorney (POA), where appropriate
However, the signing method should be selected carefully based on the nature of the rental agreement, the parties involved, the applicable stamp duty and registration/notarization requirements, and the requirements of the concerned jurisdiction.
If you are unable to be physically present, the following options can be considered.
Option 1: Authorisation Through a Joint Owner
If a property is jointly owned by two or more persons, all the owners may need to execute the rental agreement as landlords.
If one joint owner is unable to be physically present, the other joint owner cannot automatically sign on their behalf merely because they are a co-owner.
The absent joint owner should provide appropriate authorization, such as a Power of Attorney, if the circumstances require one.
Example
Suppose a husband and wife jointly own a rental property.
If the wife is unable to be physically present, the husband may be able to sign the rental agreement on her behalf if he has the necessary authority to do so.
Therefore, it is advisable to ensure that the authorization is properly documented before signing the agreement.
Option 2: Execute a Power of Attorney (POA)
A Power of Attorney (POA) is a legal authorization through which one person authorizes another person, known as the attorney holder or agent, to act on their behalf.
If the landlord is unable to sign the rental agreement personally, the landlord may consider giving a suitable POA to a trusted person.
The POA can be drafted with limited powers specifically for renting or managing the property.
For example, the POA can authorize the attorney holder to:
- Sign the rental agreement on behalf of the landlord
- Complete rental agreement formalities
- Coordinate with the tenant
- Handle other specifically authorized rental-related activities
If the landlord does not want the attorney holder to sell the property or handle rental payments, those powers can be expressly excluded from the POA.
Whom Can You Give a POA?
Depending on your circumstances, you may consider giving the POA to a trusted:
- Family member
- Relative
- Friend
- Property manager
- Broker
- Colleague
Since a POA gives legal authority to another person, it is important to give it only to someone you trust and to clearly define the powers granted.
Option 3: Local Assistance for Physical Execution
If the landlord is unable to travel to the property but does not want to execute a POA, another practical option is to take assistance from a trusted person locally.
The local representative may be a:
- Family member
- Relative
- Friend
- Colleague
- Property manager
- Broker
Typical Process
The process may be carried out as follows:
- Prepare the rental agreement with the correct details of the landlord and tenant.
- Arrange the required stamp paper or applicable e-stamp documentation.
- Print the rental agreement, if physical execution is required.
- Obtain the tenant's signature on the agreement.
- Complete notarization or other applicable formalities, if required.
- Receive a scanned/soft copy of the executed agreement by email.
- The landlord can print the agreement at their location.
- Scan the signed document.
- Email the signed copy back to the tenant
This option can be useful when the landlord is outside the city or outside India and wants to avoid unnecessary travel.
Option 4: Local Assistance + Digital Signature
If you want to reduce paperwork and avoid printing the agreement again, digital signing can be considered where legally appropriate.
The local representative can assist with preparing the rental agreement and completing the physical formalities that may be required.
The landlord can then use an electronic signing platform to sign the document remotely.
Some commonly used digital signing platforms and document applications include:
- DocuSign
- DigiSign
- Adobe Acrobat Sign
- Other legally compliant e-signature platforms
The exact legal validity and suitability of an electronic signature may depend on the type of document and the applicable law and procedure.
Typical Process
- Prepare the rental agreement.
- Arrange the required stamp paper or e-stamp documentation.
- Complete the tenant's signature and other required formalities.
- Obtain the soft copy of the agreement.
- Upload the document to a suitable e-signature platform.
- Complete the electronic signing process.
- Obtain signatures from other parties or witnesses, where applicable.
- Share the final executed copy with the tenant.
Digital signing can significantly reduce printing, scanning, couriering, and paperwork.
Watch Our Video Guide: How to Prepare a Rental Agreement on E-Stamp Paper
Rental Agreement Services in Karnataka
At PGN Property, we provide end-to-end rental agreement services in Karnataka.
Our rental agreement service can include:
- Rental agreement drafting
- Stamp paper/e-stamp assistance
- Coordination with landlords and tenants
- Execution assistance
- Facilitating digital signatures with tenants and witnesses, where applicable
- Notarization assistance
- Soft-copy delivery
- Home delivery of documents
Whether you are a landlord living in Bangalore, another city, or outside India, we can assist with the rental agreement process based on your specific requirements.
Contact PGN Property
To avail of our rental agreement service in Karnataka:
Email: pgnproperties@gmail.com
WhatsApp: +91-97424 79020
We can help you complete the rental agreement process conveniently while minimizing the need for physical visits.
Thank you for reading!