Rent Agreement
Draft a rent agreement in 5 minutes.
Fill in landlord, tenant and property details to generate a ready-to-print 11-month rent agreement with all standard clauses. Also calculates the e-stamp and registration cost for your state.
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Landlord (Lessor)
Tenant (Lessee)
Property Let Out
Commercial Terms
Optional Clauses
All other clauses — rent, deposit, notice, subletting, repairs and jurisdiction — are standard and always included.
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Updates as you type · 13 clauses
Rent Agreement
This Rent Agreement is made and executed at Noida on this ____________
BETWEEN
____________, resident of ____________ (hereinafter referred to as the “LANDLORD”, which expression shall, unless repugnant to the context, include their heirs, legal representatives, successors and assigns) of the FIRST PART;
AND
____________, resident of ____________ (hereinafter referred to as the “TENANT”, which expression shall, unless repugnant to the context, include their heirs, legal representatives, successors and assigns) of the SECOND PART.
WHEREAS the Landlord is the absolute and lawful owner of the property situated at ____________ (hereinafter referred to as the “said premises”).
AND WHEREAS the Tenant has approached the Landlord to take the said premises on rent, and the Landlord has agreed to let out the same on the terms and conditions hereinafter appearing.
NOW THIS AGREEMENT WITNESSETH AS UNDER:
- Term of Tenancy: The tenancy shall commence on ____________ and shall remain valid for a period of 11 months, expiring on ____________. The agreement may be renewed thereafter on mutually agreed terms, with the rent revised by 5% for each renewed term.
- Rent: The Tenant shall pay to the Landlord a monthly rent of ₹25,000 (Twenty Five Thousand Rupees Only), payable in advance on or before the 5th day of each English calendar month, by bank transfer or any other mode mutually agreed upon.
- Security Deposit: The Tenant has paid to the Landlord an interest-free refundable security deposit of ₹50,000 (Fifty Thousand Rupees Only), the receipt of which the Landlord hereby acknowledges. This deposit shall be refunded to the Tenant at the time of vacating the said premises, after deducting any arrears of rent, unpaid utility bills, or the cost of damage beyond normal wear and tear.
- Maintenance & Society Charges: The society maintenance charges shall be borne by the Tenant. Electricity, water, gas, internet and any other utility consumption charges shall be borne by the Tenant and paid directly to the concerned authority before the due date.
- Use of Premises: The said premises shall be used by the Tenant solely for residential purposes. The Tenant shall not carry on any illegal, unlawful, hazardous or objectionable activity in the premises, nor store any inflammable or explosive material therein.
- No Subletting: The Tenant shall not sublet, assign, transfer or part with possession of the said premises or any portion thereof to any third party without the prior written consent of the Landlord.
- Alterations: The Tenant shall not make any structural additions or alterations to the said premises without the prior written consent of the Landlord. Any fixtures installed by the Tenant, if removable, may be taken away at the time of vacating, restoring the premises to its original condition.
- Repairs: Day-to-day minor repairs and replacement of consumables such as bulbs, tubes and tap washers shall be carried out by the Tenant at their own cost. Major structural repairs, and repairs to the plumbing, wiring and seepage, shall be the responsibility of the Landlord.
- Right of Inspection: The Landlord or their authorised representative shall have the right to enter and inspect the said premises at reasonable hours, after giving the Tenant at least 24 hours prior notice.
- Termination & Notice Period: Either party may terminate this agreement by serving 2 months prior written notice to the other party. In the event of the Tenant defaulting on rent for two consecutive months, or breaching any covenant herein, the Landlord shall be entitled to terminate this agreement forthwith and repossess the premises.
- Lock-in Period: This agreement shall carry a lock-in period of 6 months from the date of commencement. Should the Tenant vacate before the expiry of the lock-in period, the rent for the balance lock-in period shall become payable to the Landlord and may be adjusted against the security deposit.
- Delivery of Possession: Upon expiry or earlier termination of this agreement, the Tenant shall peacefully hand over vacant and physical possession of the said premises to the Landlord, along with all fixtures and fittings in good working condition, normal wear and tear excepted.
- Governing Law & Jurisdiction: This agreement shall be governed by the laws of India, and the courts at Noida shall have exclusive jurisdiction over any dispute arising out of or in connection with this agreement.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands to this agreement on the day, month and year first above written, in the presence of the witnesses named below.
(LANDLORD)
(TENANT)
WITNESSES:
1. Name: ______________________ Signature: ______________
Address: _______________________________________
2. Name: ______________________ Signature: ______________
Address: _______________________________________
This is a standard draft for convenience and is not legal advice. Have it reviewed by an advocate before signing, execute it on e-stamp paper of the correct value for your state, and register it at the sub-registrar's office where the law requires — agreements running 12 months or longer must be registered under Section 17 of the Registration Act, 1908.
Everything You Need to Know About Rent Agreements in India
A rent agreement is the document that defines what a landlord and a tenant may each expect from the other, and it is the only thing either party can rely on when something goes wrong. Most disputes over a withheld deposit, an unexpected rent increase or an early exit come down to a clause that was never written down or was written carelessly.
This tool produces a complete draft covering all the standard clauses — rent, deposit, term, lock-in, notice, maintenance, subletting, repairs, inspection and jurisdiction — filled with your own details and ready to print or download. It also calculates the stamp duty and registration cost for your state, so you know what execution will actually cost before you go to the sub-registrar.
What follows is the context around that document: why almost every Indian rent agreement runs for eleven months, when registration is legally required, what deposit is normal in each city, and what the Model Tenancy Act changes.
Why Eleven Months?
Almost every residential rent agreement in India runs for exactly eleven months, and the reason is a single provision of law. Section 17 of the Registration Act, 1908 makes registration compulsory for any lease of immovable property from year to year, or for a term exceeding one year. An agreement of eleven months falls just below that threshold.
Registration means attending the sub-registrar's office with both parties and witnesses, paying registration fees, and creating a public record. An eleven-month agreement can instead be executed on e-stamp paper and notarised, which is faster and cheaper.
There is a second reason. The older state Rent Control Acts gave long-term tenants considerable protection against eviction and rent revision, and landlords became wary of any arrangement that might attract those provisions. An eleven-month term that is renewed by fresh agreement each year keeps the arrangement clearly contractual.
What Every Rent Agreement Must Contain
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Full identification of both parties
Names, parentage, permanent addresses and identity document numbers for both landlord and tenant. An agreement that cannot identify its parties precisely is difficult to enforce.
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Precise description of the premises
Flat number, tower, project, sector, city and PIN, along with the area and what is included — parking, servant quarter, terrace rights.
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Rent, due date and payment mode
The amount in figures and words, the day of the month it falls due, and the mode of payment. Bank transfer creates a record that protects both sides.
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Security deposit and refund terms
The amount, that it is interest-free and refundable, and precisely what may be deducted from it. Vague deposit clauses cause more disputes than any other provision.
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Term, lock-in and notice period
Start and end dates, any lock-in during which neither party may exit, and how much notice each party must give.
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Maintenance and utilities
Who pays society maintenance, and confirmation that electricity, water, gas and internet are the tenant's responsibility.
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Repairs and alterations
Minor repairs to the tenant, structural and plumbing repairs to the landlord, and no structural alteration without written consent.
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An inventory of fixtures
A written list of everything handed over — fans, lights, air conditioners, geysers, wardrobes — with its condition. This is the single most effective protection against a deposit dispute at the end.
Notarised, E-Stamped or Registered?
An unstamped agreement is not automatically void, but a court will not admit it in evidence until the deficient stamp duty and a penalty — which can run to ten times the duty — have been paid. For the few hundred rupees involved, executing on proper e-stamp paper is never worth skipping.
| Method | When it applies | Evidentiary weight |
|---|---|---|
| Notarised on e-stamp paper | Terms of 11 months or less | Widely accepted; adequate for most residential tenancies |
| Registered at the sub-registrar | Mandatory for terms of 12 months or more | Strongest; admissible as primary evidence of the lease |
| Plain paper, unstamped | Never advisable | Inadmissible as evidence until stamp duty and penalty are paid |
What Deposit Is Normal Where
Security deposit conventions vary enormously across India, and a figure that is standard in one city sounds outrageous in another.
| City | Typical residential deposit | Notes |
|---|---|---|
| Delhi NCR, Noida, Gurugram | 2 – 3 months' rent | The most tenant-friendly convention in India |
| Mumbai and Pune | 3 – 6 months' rent | Higher in premium buildings |
| Bengaluru | 6 – 10 months' rent | Historically the highest in the country, though falling |
| Chennai and Hyderabad | 4 – 8 months' rent | Varies considerably by locality |
| Commercial premises | 6 – 12 months' rent | Along with a longer lock-in |
The Model Tenancy Act, 2021
The Union Cabinet approved the Model Tenancy Act in 2021 as a template for states to adopt, aiming to modernise a patchwork of Rent Control Acts that had discouraged landlords from letting property at all. Because land and tenancy are state subjects, it applies only where a state has enacted it, and adoption so far has been partial.
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A cap on security deposits
Two months' rent for residential premises and six months' for commercial — a substantial change for cities such as Bengaluru.
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Rent Authorities and Rent Courts
A dedicated forum for tenancy disputes, intended to resolve matters far faster than the civil courts.
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Compulsory written agreements
Every tenancy must be in writing and filed with the Rent Authority within two months.
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Structured penalties for overstaying
A tenant who does not vacate after the term ends pays double the rent for two months and four times thereafter.
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Defined notice for entry
A landlord must give 24 hours' written notice before entering the premises.
Tenant Police Verification
Tenant verification is mandatory in Delhi, Noida, Ghaziabad, Gurugram and most major Indian cities, and the obligation sits with the landlord. Failing to complete it can attract a penalty under Section 223 of the Bharatiya Nyaya Sanhita, and it is the landlord rather than the tenant who is liable.
The process is straightforward. Submit the tenant verification form along with a copy of the rent agreement, the tenant's photograph and identity proof, and their previous address, either at the local police station or through the state police portal — Delhi, UP and Haryana all accept online submission. Verification typically takes one to two weeks.
Avoiding the Disputes That Actually Happen
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Photograph everything at handover
Date-stamped photographs of every room, fixture and appliance, shared with the other party by email or WhatsApp so both hold the same record. This resolves the great majority of deposit disputes before they start.
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Record the meter readings
Electricity, water and gas readings at both handover and vacation, written into the agreement or an annexure.
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Pay rent by bank transfer
Cash rent with no receipt leaves a tenant with no proof of payment and a landlord with no record for tax purposes.
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Define normal wear and tear
Faded paint and minor scuffs are wear and tear. A cracked washbasin or a burnt countertop is damage. Saying so explicitly prevents the argument.
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Agree the notice period both ways
Notice should be symmetrical. A clause requiring three months from the tenant but one month from the landlord will be seen as unfair and may not survive scrutiny.
Frequently Asked Questions
Why are rent agreements always made for 11 months?
Because Section 17 of the Registration Act, 1908 makes registration compulsory for any lease of one year or more. An eleven-month term falls just below that threshold, so the agreement can be executed on e-stamp paper and notarised instead of being registered at the sub-registrar's office. This saves both time and money. There is also a historical reason: the older state Rent Control Acts gave long-term tenants strong protection against eviction and rent revision, and landlords preferred short renewable terms that kept the arrangement clearly contractual.
Is a rent agreement legally mandatory?
A written agreement is not strictly required for a tenancy to exist — an oral tenancy is recognised in law — but relying on one is unwise for both parties. Without a written document, proving the agreed rent, the deposit amount, the notice period or who was responsible for repairs becomes extremely difficult. In states that have adopted the Model Tenancy Act, a written agreement is mandatory and must be filed with the Rent Authority within two months of execution.
Is a notarised rent agreement valid?
Yes, for a term of eleven months or less, provided it is executed on e-stamp paper of the correct value for your state. This is the standard practice across India and is accepted by banks, employers and government departments for most purposes. For a term of twelve months or more, notarisation is not sufficient — the agreement must be registered at the sub-registrar's office to be valid and admissible as evidence of the lease.
Who pays the stamp duty — landlord or tenant?
The law in most states does not assign this to either party specifically, so it comes down to what you agree. By convention across most of India the tenant bears the stamp duty and registration cost, on the reasoning that the tenant is the party seeking the document. In practice it is sometimes shared equally. Whatever you decide, write it into the agreement so it is not argued about later.
How much security deposit is normal?
It varies dramatically by city. Delhi NCR, Noida and Gurugram typically see two to three months' rent. Mumbai runs three to six. Bengaluru has historically demanded six to ten months, though that convention is softening. Commercial premises usually require six to twelve months along with a longer lock-in. Where a state has adopted the Model Tenancy Act, the deposit is capped at two months' rent for residential premises and six months' for commercial.
Can my landlord increase the rent during the agreement?
Not unless the agreement itself permits it. A properly drafted rent agreement fixes the rent for the entire term, with any increase applying only on renewal. The draft this tool generates includes a renewal escalation clause stating the agreed percentage, which is typically 5–10% in NCR. If your agreement contains no escalation clause, the rent cannot lawfully be raised mid-term. Any increase must be by mutual consent and should be recorded in writing.
What is a lock-in period and is it enforceable?
A lock-in period is a stated span during which neither party may terminate the agreement. It protects a landlord against the cost of finding a new tenant immediately after letting, and it protects a tenant against being asked to move soon after settling in. It is enforceable. If a tenant vacates during the lock-in, rent for the remaining lock-in period generally becomes payable and is usually adjusted against the security deposit. Six months on an eleven-month agreement is the most common arrangement in NCR.
Is police verification of tenants mandatory?
Yes, in Delhi, Noida, Ghaziabad, Gurugram and most major Indian cities, and the legal obligation rests with the landlord rather than the tenant. Failure to complete it can attract a penalty, and it is the landlord who is liable. Submit the tenant verification form with a copy of the rent agreement, the tenant's photograph, identity proof and previous address, either at the local police station or through the state police portal. Delhi, Uttar Pradesh and Haryana all accept online submission, and verification usually takes one to two weeks.
Can I use a rent agreement as address proof or to claim HRA?
A registered or properly notarised rent agreement on e-stamp paper is widely accepted as address proof for bank accounts, passport applications and utility connections, though the accepting authority has final discretion. For HRA claims, employers generally require the rent agreement together with rent receipts. Where annual rent exceeds ₹1 lakh, you must also provide the landlord's PAN. Where monthly rent exceeds ₹50,000, the tenant is required to deduct 2% TDS under Section 194-IB.
What happens if the tenant refuses to vacate?
The landlord must pursue legal eviction, and self-help remedies such as changing the locks, cutting the electricity or removing belongings are unlawful and expose the landlord to liability. Under the Model Tenancy Act, a tenant who overstays pays double the rent for the first two months and four times thereafter, with disputes heard by a dedicated Rent Authority. Where that Act has not been adopted, the matter goes to the civil court under the applicable state Rent Control Act, which can take considerably longer. A clearly drafted agreement with an unambiguous term and notice clause is the best protection available.
What is the Model Tenancy Act, 2021?
It is a template law approved by the Union Cabinet in 2021 for states to adopt, intended to modernise India's tenancy framework and encourage owners to let vacant property. Its main provisions cap security deposits at two months' rent for residential and six for commercial premises, require written agreements filed with a Rent Authority, establish dedicated Rent Courts, and set structured penalties for overstaying. Because tenancy is a state subject, it applies only where a state has enacted its own version, and adoption has so far been partial. Check the position in your state before relying on its provisions.
Do I need to deduct TDS on rent?
If you are an individual or HUF paying monthly rent above ₹50,000, you must deduct TDS at 2% under Section 194-IB. This is deducted once a year, in the last month of the tenancy or the financial year, and deposited using Form 26QC. You then issue Form 16C to your landlord. Businesses paying rent above ₹2.4 lakh a year deduct under Section 194-I instead, at 10% for land and building. Missing this obligation attracts interest and penalty, so it is worth confirming your position if your rent is near these thresholds.
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