Legal guide

Rent agreement checklist: 10 things to check before you sign

Before you sign a rent or leave-and-licence agreement in India, check these 10 things: the term and registration, deposit, rent increases, lock-in, notice period, repairs and more.

By the YoPro teamUpdated 5 min read

Key takeaways

  • Most agreements run for 11 months because longer leases must be registered — but some states require registration even for shorter ones.
  • Get the security deposit, its refund date and what can be deducted from it in writing.
  • The lock-in, notice period and rent-increase clauses decide what leaving early will cost you.
  • Keep a signed copy, rent receipts and dated photos of the home's condition when you move in.
In this guide
  1. 1. The term, and whether it must be registered
  2. 2. Who is signing, and for which home
  3. 3. Rent, due date and how you pay
  4. 4. The security deposit
  5. 5. Rent increases
  6. 6. The lock-in period
  7. 7. The notice period, both ways
  8. 8. Maintenance and repairs
  9. 9. The house rules
  10. 10. The condition of the home, on day one
  11. Before you sign
  12. Questions people ask

1. The term, and whether it must be registered

Under the Registration Act, 1908, a lease that runs for more than a year, or from year to year, must be registered. That's why most rent agreements are written for 11 months: under central law, they don't have to be.

But states can add their own rules. Maharashtra, for example, requires every leave-and-licence agreement to be registered, whatever its length. Check the rule in your state, and avoid clauses like automatic renewal that quietly push the term past a year.

Even when it's optional, a registered agreement is stronger evidence if there's ever a dispute. Stamp duty is set by each state, so the cost varies.

2. Who is signing, and for which home

The owner named in the agreement should match the property papers. If someone else signs — a relative or an agent — ask for their written authority. Check that the address, flat number and the furniture or appliances included are listed exactly.

3. Rent, due date and how you pay

The agreement should state the monthly rent, the date it's due, any late-payment charge, and whether society maintenance is included. Pay by bank transfer or UPI rather than cash, so there's a record — and ask for rent receipts if you'll claim HRA.

4. The security deposit

Write down the amount, when it will be refunded (for example, on the day you hand back the keys) and what can be deducted from it — unpaid rent, unpaid bills, damage beyond normal wear and tear.

How much a landlord can ask for depends on your state. The Model Tenancy Act, 2021 caps the deposit for homes at two months' rent, but it applies only in states that have adopted it. Elsewhere it's whatever you agree, so negotiate.

5. Rent increases

If the agreement will be renewed, it should say by how much the rent can rise and when — a fixed percentage at renewal is common. An open clause like “as decided by the owner” leaves you exposed.

6. The lock-in period

A lock-in means neither side can end the agreement for the first few months, or must pay if they do. Know exactly how long it is and what leaving early would cost — often the rent for the rest of the lock-in.

7. The notice period, both ways

How much notice must you give before moving out, and how much must the owner give before asking you to leave? It should be the same for both, and stated in writing.

8. Maintenance and repairs

Who pays society maintenance? Who fixes what? A common split is that the tenant handles small, everyday repairs and the owner handles major ones — plumbing, wiring, structural problems and appliances that came with the home. Make it explicit.

9. The house rules

Pets, guests staying over, subletting, using the home for work, parking, and painting or drilling the walls — if any of these matter to you, check what the agreement says now, not after you've moved in.

10. The condition of the home, on day one

On move-in day, take dated photos and a short video of every room, and list the fittings and appliances with their condition. Ask the owner to sign the list. It's your best evidence when the deposit is settled.

Many cities also require tenant details to be registered with the local police. Ask the owner whether it has been done.

Before you sign

  1. 1Read the whole agreement, not just the rent and deposit.
  2. 2Ask for changes in writing before you sign — not as a promise for later.
  3. 3Make sure every page is signed by both sides, with two witnesses if your state requires them.
  4. 4Keep a complete signed copy, and the stamp paper or e-stamp certificate.

If anything is unclear — or the owner wants an unusual clause — a lawyer can review the agreement before you're bound by it.

Questions people ask

Is an 11-month rent agreement valid without registration?

Under central law, registration is compulsory only for leases longer than a year, so an 11-month agreement is generally valid without it. Some states, such as Maharashtra, require registration of all leave-and-licence agreements, so check your state's rule.

How much security deposit can a landlord ask for?

It depends on your state's law. The Model Tenancy Act, 2021 caps the deposit for homes at two months' rent, but only where a state has adopted it. Elsewhere, it's what you agree — so negotiate and put it in writing.

Can the landlord deduct normal wear and tear from my deposit?

Your agreement should say what can be deducted. Normal wear and tear from everyday living is usually not a fair deduction; damage beyond it may be. Dated photos from move-in day are your best evidence.

What is the difference between a rent agreement and a leave-and-licence agreement?

A leave-and-licence agreement gives you permission to use the home without creating a lease or tenancy interest in it. It's the common format in Maharashtra and in many cities. In everyday use, both are called rent agreements.

Official sources

This guide is general information, not advice for your situation. Rules change, and details depend on your circumstances and your state — check the official sources, or talk to a professional before you act.

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