Before you sign: a rent agreement checklist

The clauses that decide what you really pay and how easily you can leave, and the charges that hide in the small print.

Most tenants in India sign the agreement the owner or broker brings, on the day they get the keys, without reading past the rent. The clauses that matter later are further down: how long you're locked in, how much notice you give, what comes out of your deposit, and who pays for the geyser. This checklist goes through them in order. It is general information, not legal advice: stamp duty, registration and tenancy rules differ by state and change, so check your state's current rules or ask a lawyer about anything unusual.

First, the format

Under the Registration Act, 1908, a lease for more than a year, or from year to year, has to be registered. That's why most agreements are for 11 months: outside Maharashtra, an agreement for under a year generally doesn't have to be registered. In Maharashtra, leave and licence agreements must be registered whatever their length, under the Maharashtra Rent Control Act, 1999, and the state lets you do it online.

Every agreement needs stamp duty at your state's rate, often bought as e-stamp paper. An unstamped or under-stamped agreement can't be relied on as evidence until the duty and a penalty are paid. Notarising an agreement confirms who signed it; it doesn't replace stamp duty or registration. Our guide to rent agreements in India covers these in more detail.

The money

Monthly rent, the due date, and payment by bank transfer or UPI so there's a record
Maintenance charges: included in the rent or paid separately to the society, and how much
The security deposit: the exact amount and that you've paid it, with the transaction reference
The rent increase at renewal, written as a fixed percentage rather than 'as per market'
Brokerage, if any: how much, who pays it and when, in writing
Electricity, water, gas and internet: in whose name, and how shared meters are split

Charges that hide in the small print

Painting charges taken from the deposit 'as decided by the owner'. Ask for the actual cost or a fixed amount
Deep-cleaning, pest control or AC servicing charges at move-out
A clause that one month's rent is kept from the deposit whatever the condition of the flat
Society move-in or move-out fees, and who pays them
Penalties for late rent that grow every day
Charges for furniture or appliances that were already broken when you moved in

Staying and leaving

The lock-in period, and what you owe if you leave during it. A lock-in should apply to both sides
The notice period, often one or two months, for both you and the owner
Whether the deposit can be adjusted against the last month's rent, only if you both agree it in writing
When and how the deposit is returned after you hand over the keys
The renewal: whether it's automatic and on what terms

Living there

Repairs: small ones often the tenant, structural and major ones usually the owner. Write down which is which
A list of fittings and furniture (fans, lights, geyser, AC, wardrobes, keys) and their condition, signed by both of you
Rules on guests, pets, cooking non-vegetarian food and subletting, if the owner has any. Better to know now than after you move in
The owner's visits: with notice, and at reasonable times

Signing it properly

Check every name and address against ID, including every flatmate who'll be living there. Both sides sign every page, usually with two witnesses. Keep a signed copy on paper and a scan on your phone. If something was agreed verbally, like a new geyser or a lower deposit, write it into the agreement before you sign; a WhatsApp promise is weaker than a clause.

The Model Tenancy Act

The central government's Model Tenancy Act, 2021 suggests a written agreement for every tenancy, a cap of two months' rent on deposits for homes, and rent authorities to settle disputes. It is a model: it applies only in states that adopt it, and they can change it when they do. Check what your state has in force.

How Snestico helps

Snestico's Rent Agreement tool drafts a residential rent agreement with the clauses on this list, including the deposit, refund and deduction terms, lock-in, notice and rent increase. You can fill it in yourself or describe the deal to Snesty, see your state's stamp duty rule before you buy e-stamp paper, and, with a free account, ask Snesty to review the draft for problems before you sign and share it with the owner through a link. The same details fill in the tenant police verification form.

When to get a lawyer

For a lease of a year or more, a large deposit, a commercial use, an owner who won't put agreed terms in writing, or any dispute, a local lawyer is worth the fee. Snestico and Snesty give general information, not legal advice.

Common questions

What is a lock-in period in a rent agreement?

A period, often the first few months, during which neither side can end the agreement without a penalty, usually rent for the rest of the lock-in. Check it applies to the owner as well as you, and that the penalty is written down.

Can the owner deduct painting charges from my deposit?

Only if the agreement says so. If it does, agree the actual cost or a fixed amount before you sign, not 'as decided by the owner'.

Does an 11-month rent agreement need to be registered?

In most states, no, because it's for less than a year. Maharashtra is the main exception: leave and licence agreements there must be registered whatever their length. It always needs the right stamp duty.

Is a notarised rent agreement enough?

Notarising confirms who signed. It doesn't replace stamp duty, and it doesn't replace registration where the law requires it.

This guide is general information, not legal advice. Rules vary by state; check your state's current rules or ask a lawyer about your case.