Government Services · India · Rent & Registration

Rent Agreement: Format, Stamp and Registration (2026)

Updated for 2026 · Claw Editorial

A rent agreement is the written contract between a landlord and a tenant that sets the rent, the deposit, the term and the rules for a property. In many states the document people actually sign for residential renting is a leave-and-licence agreement, which gives the occupant a licence to use the premises rather than a lease interest, but both do the same practical job: they put the deal on paper so each side can enforce it. To be worth anything, the agreement has to be drafted with the right clauses, stamped with the correct duty, and in many cases registered at the Sub Registrar office. This page covers what the agreement must contain, how stamp duty and registration are handled, why the 11-month term is so common, how online registration works in states that allow it, and the route to follow if the tenant stops paying or refuses to leave. Last verified October 2026.

01Rent agreement vs leave-and-licence

The two documents look similar but are different in law.

• Lease / rent agreement: the tenant gets a right to enjoy the property for a term (a leasehold interest). A lease is governed by the Transfer of Property Act and, in many states, by a Rent Control Act that protects the tenant.
• Leave-and-licence: the occupant gets only a permission (licence) to use the premises, not an interest in it. It is widely used for residential renting, especially in states like Maharashtra, because it is easier to end and keeps the matter outside heavy rent-control protection.

Which form fits depends on the state and the property. For a plain residential let of a few years, a leave-and-licence or a short lease is common. For a long commercial tenancy, a registered lease is the norm. Both still need correct stamping and, past a term limit, registration.

02What the agreement must contain

Keep the drafting plain and complete. A usable rent or leave-and-licence agreement should name:

An inventory of furniture and a note of meter readings at the start save many later fights. For a ready structure, see the rent agreement format.

03Why the 11-month term is common

You will see most residential agreements written for 11 months. There is a reason. Under the Registration Act 1908, a lease of immovable property from year to year, or for a term of one year or more, generally requires compulsory registration. A document kept to 11 months sits below that one-year line, so parties avoid mandatory registration and the duty and fee that go with a registered lease.

Two cautions:

• The 11-month habit reduces, but does not remove, stamping needs. The document still has to be stamped under the state Stamp Act.
• Some states treat leave-and-licence differently and may require registration even for shorter terms. Maharashtra, for example, requires registration of leave-and-licence agreements. So the 11-month shortcut is not universal.

An unregistered lease that should have been registered can be refused as evidence of its terms in court, which is a real risk if a dispute starts later.

04Stamp duty on a rent agreement

A rent or leave-and-licence agreement carries stamp duty under the state Stamp Act. For rent documents the duty is usually worked out from the rent and the term, and sometimes the deposit, rather than from the capital value of the property. Because stamp duty is a State subject, the method and the rate differ by state.

You pay the duty through the channel the state allows, commonly an e-stamp certificate through SHCIL, franking at a bank, or online payment through the state treasury portal. For how stamp duty is built in general, see how a stamp duty calculator works, and for the evidence risk of under-stamping, see an insufficiently stamped document.

05Registration: when and how

Registration records the document at the Sub Registrar office so it is a public, provable instrument. You need it when the law requires it (broadly, a lease of one year or more, and leave-and-licence in states that mandate it) and it is wise even when optional for a long or high-value tenancy.

The usual flow is:

• 1. Draft and stamp the agreement with the correct duty.
• 2. Book a slot at the Sub Registrar, or use the online registration system in states that offer it (for example Maharashtra allows online leave-and-licence registration).
• 3. Present the parties and witnesses with ID and photographs; biometrics are taken in many states.
• 4. Pay the registration fee, a separate charge under the Registration Act that varies by state.
• 5. Collect the registered document or download it from the portal.

For the wider list of documents that must be registered, see documents that need compulsory registration.

06Police verification of the tenant

Many cities ask a landlord to file tenant police verification. It is a short form, often online through the state police or city police portal, giving the tenant details so the local station has them on record. It is not part of the agreement, but skipping it can attract a penalty in cities that require it, and it protects the landlord if the tenant later becomes a problem.

Keep a copy of the filed verification with the signed agreement, the stamp proof and the ID documents of both sides.

07Common mistakes that make it weak

A badly made agreement fails exactly when you need it. The frequent errors are:

• Not stamping, or under-stamping, so the document can be refused as evidence later.
• Leaving a lease of one year or more unregistered when registration was required.
• No clear notice period or grounds to end the tenancy, which makes eviction slow.
• Vague rent-due date and no record of the deposit, which fuels payment fights.
• No inventory or meter readings, so deposit deductions become a guessing game.

Fix these at drafting. They are cheap to get right at the start and expensive to argue later.

08If rent stops or the tenant will not leave

Even a good agreement can be broken. If the tenant stops paying rent, overstays after the term, or breaches the terms, the landlord usually starts with a written notice to pay or to vacate, and then moves to the correct forum. Depending on the state and the type of tenancy, that is the Rent Controller or Rent Court under the state Rent Control Act, or a civil court suit for eviction and arrears, and in some states a special tenancy tribunal under a newer rent law. The tenant has defences too, and a registered, well-stamped agreement is the landlord best evidence of the terms.

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

If a rent default or an eviction becomes a case, you can create a FREE Claw account to track the matter across the forum that hears it. Claw covers 9,102 courts, benches and forums in India, so whether your matter sits before a Rent Controller, a civil court or a High Court on appeal, there is a real home to follow the orders and the next dates. Judgment search spans 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, and results return in under 5 seconds, which helps you or your lawyer see how similar eviction and arrears disputes were decided. Claw does not train its AI models on your documents. This is general information and not legal advice, and a live dispute still needs a lawyer for the arguments.

For the practical steps, see how to evict a tenant who is not paying rent and how to file a rent control or eviction case. To see what is already on record in a forum, you can run a case search across Indian courts by party name.

09Sources and further reading

• Online leave-and-licence registration (example, Maharashtra IGR e-filing): efilingigr.maharashtra.gov.in. Use your own state department site for your state.
• SHCIL e-stamping: shcilestamp.com
• eCourts (case status): ecourts.gov.in
• Claw: clawlaw.in

This page is general information for readers in India, not legal advice. Stamp duty, the registration threshold and portals differ by state and change over time. Confirm the current rules on your own state department site before you sign or register.

10Frequently asked questions