Residential Rent Agreement
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Rent agreements in India: what to know before you sign
A rent agreement records the terms between an owner and a tenant: rent, deposit, notice period and who pays for what. It is a lease under the Transfer of Property Act, 1882. Two things decide how you execute it: the length of the term, and your state’s stamp duty.
| 11 months or less | More than 12 months | |
|---|---|---|
| Registration | Optional (Registration Act, 1908, s.17) | Compulsory, with the Sub-Registrar |
| Stamp duty | Required, at your state’s rate | Required, at your state’s lease rate |
| Usually signed | On stamp paper, often before a notary | At the Sub-Registrar’s office, with two witnesses |
| If it’s skipped | Under-stamped: not admissible in court until the shortfall and a penalty are paid | Unregistered: may not be admissible as evidence |
In Maharashtra, leave-and-licence agreements must be registered whatever the term.
What the agreement should include
- Names and ID details of owner and tenant
- Full address of the property
- Monthly rent and the due date
- Security deposit and refund terms
- Start and end dates
- Notice period to end it
- Maintenance and utility charges
- Permitted use of the property
- Rent escalation, if any
- Signatures of both parties and two witnesses
A notary is not registration
A notary only certifies who signed. Notarising does not register the agreement and does not replace stamp duty. For an 11-month agreement, correct stamp duty plus notarisation is the usual practice.
When the term ends
Sign a fresh agreement, or the tenant moves out. If the tenant stays and the owner keeps accepting rent, the tenancy continues month to month (Transfer of Property Act, s.116). Either way, the owner needs a court order to evict. Changing the locks or cutting water or power is illegal.
Common questions
Is an unregistered 11-month rent agreement valid?
Yes. Registration isn’t compulsory for a term under 12 months, and a properly stamped, unregistered agreement can be used as evidence. What makes it inadmissible is missing or short stamp duty.
Is ₹100 stamp paper enough?
Not always. Stamp duty depends on your state, the rent, the deposit and the term, so in most cities it is more than ₹100. Check your state’s rate before you print.
How much security deposit can a landlord ask for?
There is no national cap. The Model Tenancy Act’s two-month limit applies only in states that have enacted a law on it. See getting your deposit back for state-by-state rules.
Can I use this for a shop or office?
No. This is for residential property. For business premises, use the commercial lease agreement.
Read more: why rent agreements are for 11 months · rent increase rules · tenant eviction rights
Letting out residential and commercial property? Landlord Pack — ₹899: both agreements plus the rent-arrears and vacate notices →
This RENTAL AGREEMENT is executed at (PLACE) on this (Date) day of (Month), (Year) by and between:
(Name of the Owner),
S/o or D/o. (Father's Name),
Aadhaar No. (Aadhaar),
(Permanent Address of the Owner)
(hereinafter called the "OWNER") of the ONE PART:
AND, in favour of:
(Name of the Tenant),
S/o or D/o. (Father's Name),
Aadhaar No. (Aadhaar)
having a permanent address at (Permanent Address of Tenant)
(hereinafter called the "TENANT") of the OTHER PART.
WHEREAS the Owner is the absolute owner of the property situated at (Complete Address of Rented Property), hereinafter referred to as "Demised Premises".
NOW THIS DEED WITNESSETH AS FOLLOWS:
+ 14 more standard clauses included. Proceed to Step 2 to view and edit all clauses.
Property at (Address), consisting (N) bedroom(s), (N) bathroom(s). Inventory: (details).