Rent agreement format: free sample for India with clause checklist
A free residential rent agreement format for India, the clauses landlords and tenants should agree on, and why most agreements run for 11 months.
A rent agreement (also called a lease or leave-and-licence agreement) records the terms on which a landlord lets a property to a tenant. A clear written agreement settles the questions that cause most landlord-tenant disputes before they arise: how much the deposit is, when rent rises, who pays for repairs, and how either side can end the arrangement. Below is a residential rent agreement format you can adapt, followed by a checklist of what to agree on.
Why most rent agreements are for 11 months
Under Section 17 of the Registration Act, 1908, a lease of immovable property from year to year, or for a term of more than one year, must be registered at the sub-registrar's office. An unregistered lease that should have been registered cannot be relied on to prove its terms in court. Agreements of 11 months fall outside the compulsory registration requirement, which is why they are so common. They still need to be stamped under your state's stamp law, and some states require or encourage registration of every rental agreement, so check the local rule.
Clauses to agree on
- Parties and property — full names, addresses and the exact property description, including parking and fittings.
- Term and start date — usually 11 months, with how renewal will work.
- Rent — amount, due date, mode of payment and late-payment terms.
- Security deposit — amount, and when and how it will be refunded, including permitted deductions. Some states that have adopted the Model Tenancy Act cap deposits, so check yours.
- Rent increase — the percentage on renewal, commonly 5–10%.
- Maintenance and repairs — who pays society maintenance, minor repairs and major structural repairs.
- Utilities — electricity, water, gas and internet: who pays and in whose name.
- Use — residential use only, number of occupants, pets, and no subletting without consent.
- Lock-in period — a minimum period neither side can exit, if any.
- Notice period — usually one month from either side.
- Inventory — a list of furniture and appliances and their condition at move-in.
- Handover — the condition the property must be returned in.
Free rent agreement format (residential)
Stamping, signing and registration
Print the agreement on stamp paper of the value your state requires, or buy an e-stamp certificate and attach it. Both parties and two witnesses should sign every page. Keep copies of both parties' identity proofs with the agreement. If the term is longer than 11 months, or your state requires registration, register it at the sub-registrar's office, where both parties (or their authorised representatives) usually need to appear.
Commercial premises
Shops and offices need more than a residential format: permitted business use, fit-out works, signage, GST on rent, longer lock-ins and escalation over several years, and who pays property tax. Leases for commercial premises are often longer than a year and so must be registered.