Rent Agreement in India 2026 — Format, Stamp Duty, Registration & Key Clauses

1Why most rent agreements are 11 months

Under the Registration Act 1908, a lease of immovable property for 12 months or more must be compulsorily registered with the Sub-Registrar. To avoid that cost and process, most residential arrangements use an 11-month 'Leave & Licence' agreement, which can be renewed. A Leave & Licence grants permission to occupy rather than transferring a leasehold interest.

2Stamp duty — it must be on stamp paper

A rent agreement on plain paper is not a valid legal instrument under the Indian Stamp Act 1899. It must be executed on stamp paper (or e-stamp) of the value your state prescribes. Stamp duty on rent agreements is usually a small percentage of the total rent plus deposit over the term, and the exact rate and calculation vary by state — check your state's stamp-duty schedule or use an e-stamping portal.

3Registration — when it is mandatory

• 12 months or more: compulsory registration with the Sub-Registrar (both parties, two witnesses, ID/address proof).
• Under 12 months (11-month Leave & Licence): registration is generally not compulsory in most states, though some — notably Maharashtra — require registration of Leave & Licence agreements regardless of term.
• Even when optional, a registered agreement is stronger evidence in a dispute.

4The clauses that actually matter

• Names and addresses of both parties, and the full property description.
• Monthly rent, due date, mode of payment, and any escalation (e.g. 5–10% on renewal).
• Security deposit amount and the conditions and timeline for its refund.
• Term, lock-in period, and the notice period for termination by either side.
• Who pays maintenance, society charges, and utilities.
• Permitted use, subletting restrictions, and the landlord's inspection rights with notice.

5Two things people forget

First, if your annual rent exceeds ₹1,00,000 and you want to claim HRA, you need your landlord's PAN. Second, some states (for example Maharashtra and Karnataka) expect a police intimation for a tenancy — check your local requirement. You can generate a ready-to-edit rent agreement with our free draft tools, then get it stamped and, where needed, registered.