Rental Agreement Checklist for Indian Landlords

Most rental disputes are not about bad faith. They are about a clause that was vague, or missing. Below is what to check before you sign — ordered by how often each one actually turns into an argument.

The deposit clause

The deposit causes more disputes than everything else combined, because it is the one moment where money flows back. Be specific about all four of:

• Amount, in figures and words.
• What it can be deducted for — unpaid rent, unpaid utilities, damage beyond normal wear and tear. Name "normal wear and tear" explicitly as non-deductible.
• The refund timeline — a fixed number of days after handover. Thirty days is common and defensible.
• How deductions are evidenced — an itemised statement with bills or quotes.

Notice period — on both sides

Specify the notice period the tenant must give, and the notice period you must give. Agreements that only bind the tenant look one-sided and tend to be read against the drafter. One to three months is standard for residential.

State also what happens if notice is short: typically rent in lieu of notice, deducted from the deposit.

Maintenance and repairs

Write down the split rather than relying on the default. A workable structure:

Item	Usually the landlord	Usually the tenant
Structural, waterproofing, external walls	Yes	—
Plumbing and electrical faults (not misuse)	Yes	—
Society / maintenance charges	Depends — state it	Depends — state it
Consumables: bulbs, tap washers, fuses	—	Yes
Damage caused by the tenant	—	Yes

Add a rupee threshold: repairs under, say, ₹2,000 the tenant arranges directly; above that they raise a request and you approve it. This prevents both the "nobody fixed it for three weeks" complaint and the surprise bill.

Rent escalation

If the agreement will be renewed, state the escalation as a formula, not an intention. "Rent shall increase by 5% on each renewal" is enforceable. "Rent may be revised at renewal" guarantees a negotiation every single year.

Registration and stamp duty

This is where the familiar eleven-month agreement comes from. Under the Registration Act, 1908, a lease of twelve months or more must be registered. Eleven months sidesteps registration and its stamp duty.

Stamp duty rates are set by each state, so check your state's schedule rather than assuming a national figure. Several states now support e-stamping, which is considerably faster than the older physical process.

Everything else, briefly

• Permitted use — residential only, and how many occupants.
• Subletting — prohibited without written consent.
• Lock-in period, if any, and the consequence of breaking it.
• Utilities — who holds each connection and who pays which bill.
• Entry rights — your right to inspect, with reasonable notice (24–48 hours).
• Termination for breach — what counts, and the cure period.
• Governing law and jurisdiction — name the city.

Read the agreement once as the tenant. Any clause where you cannot tell exactly what happens, in rupees and days, is a clause that will be argued about later.