Rent agreement and lease deed format
A rent agreement records the terms on which an owner lets property to a tenant: rent, deposit, period, maintenance and termination. A lease for a year or more must be registered under Section 17 of the Registration Act, 1908, which is why many residential agreements are made for 11 months. Stamp duty is payable under the State’s stamp law.
Key points
- Leases from year to year or for more than a year must be registered (Section 17(1)(d), Registration Act, 1908).
- Stamp duty and registration fees are set by each State.
- In Maharashtra, leave and licence agreements must be registered (Section 55, Maharashtra Rent Control Act, 1999).
- A monthly tenancy can be ended by 15 days’ notice unless the agreement says otherwise (Section 106, Transfer of Property Act).
- Some States have adopted the Model Tenancy Act, 2021 or their own rent laws; check the local law on deposits and eviction.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Compulsory registration of leases of a year or more | Section 17(1)(d) Registration Act, 1908 | — |
| Duration and notice of leases | Section 106 Transfer of Property Act, 1882 | — |
Which court or authority
Executed between the parties; registered (where required) at the Sub-Registrar’s office.
What the document should contain
- Names and addresses of landlord and tenant
- Description of the premises
- Term, start date and renewal
- Rent, due date, escalation and mode of payment
- Security deposit and refund
- Maintenance, electricity and water charges
- Use of premises and restrictions (no subletting)
- Lock-in, notice period and termination
- Signatures of both parties and two witnesses
Documents to attach
- Identity and address proof of both parties
- Proof of ownership of the landlord
- Passport-size photographs
- Tenant police verification form (required in many cities)
Procedure
- Agree on terms and draft the agreement
- Buy stamp paper or pay e-stamp duty for the State
- Sign before two witnesses; register at the Sub-Registrar if the term is a year or more (or as State law requires)
- Submit tenant verification to the local police where required
Common mistakes
- Not registering a lease that requires registration
- No clause on deposit refund and deductions
- Vague maintenance and repair obligations
Sample rent agreement / lease deed format
A short model to show the structure. Adapt the cause title, facts and prayer to your matter.
Frequently asked questions
Why are rent agreements made for 11 months?
Because a lease of a year or more must be registered under Section 17 of the Registration Act. An 11-month agreement usually avoids compulsory registration, though some States (like Maharashtra for leave and licence) require registration anyway.
Is an unregistered rent agreement valid?
An agreement that required registration but was not registered cannot be used as evidence of the lease terms, except for limited collateral purposes. Short agreements that do not need registration are valid if properly stamped.
How much stamp duty is payable on a rent agreement?
It depends on the State and is usually calculated on the rent and deposit for the term. Check the State stamp schedule or e-stamping portal.