Rent Agreement Generator.

Because Section 17 of the Registration Act 1908 makes registration compulsory for a lease of immovable property for a term of one year or more. An 11-month agreement falls below that line, so it can be executed on stamp paper without a visit to the Sub-Registrar, saving the registration fee and the time. It is also outside most state rent control acts, which historically gave tenants of longer leases strong protection against eviction. The 11-month convention is therefore a practical compromise rather than a legal requirement: a 12-month or longer agreement is perfectly legal, it just has to be registered. Two states are exceptions: Maharashtra requires every leave and licence agreement to be registered regardless of term, and Tamil Nadu requires every tenancy agreement to be registered with the Rent Authority under its 2017 Act.

An agreement signed on plain paper is a valid contract between the parties, but under Section 35 of the Indian Stamp Act an instrument that is not duly stamped cannot be admitted in evidence in court until the stamp duty and a penalty of up to ten times the duty are paid. So a plain-paper agreement works until there is a dispute, which is exactly when you need it to work. Stamp duty on a short tenancy is small, usually a few hundred to a couple of thousand rupees depending on the state and the rent, and it can be paid through SHCIL e-stamping, franking at a bank, or physical stamp paper where still available. Execute the agreement on stamp paper of the correct value from the start.

Stamp duty is a state subject, so the rate depends on where the property is. As broad guidance, Delhi charges about 2 percent of the average annual rent for a term up to five years; Maharashtra charges 0.25 percent of the total rent for the term plus the deposit element on leave and licence agreements; Karnataka about 0.5 percent of annual rent plus deposit for a term up to a year; Tamil Nadu 1 percent of rent plus deposit subject to a cap; Telangana 0.4 percent of the total rent for a term up to a year. Gujarat, Uttar Pradesh, Rajasthan and other states have their own schedules. These are approximations that change with state budgets, so check the current rate on the SHCIL e-stamping site for your state or ask the Sub-Registrar before you buy the stamp. The draft carries a note for the state you select.

Only if the term is 12 months or more, under Section 17 of the Registration Act, except in Maharashtra, where all leave and licence agreements must be registered, and Tamil Nadu, where all tenancy agreements must be registered with the Rent Authority. Uttar Pradesh and some other states that have adopted the Model Tenancy Act framework now require tenancy agreements to be filed with a Rent Authority too. Registration involves both parties appearing before the Sub-Registrar with ID proof and two witnesses, paying a registration fee, and getting the agreement entered in the register. Even where it is optional, a registered agreement is stronger evidence and is accepted more readily as address proof. For an ordinary 11-month residential tenancy in most states, stamping plus signatures before two witnesses is the usual practice.

It should state the amount in figures and words, say that it is interest-free and refundable, acknowledge that the landlord has received it, fix a deadline for refund after the tenant vacates (fifteen to thirty days is common), and list what may be deducted: unpaid rent, unpaid utility bills, damage beyond normal wear and tear, and, if agreed, painting and cleaning charges. It should also say whether the deposit can be adjusted against the last months of rent; most landlords prefer that it cannot, so that there is still a deposit to cover damage at handover. The generator includes all of this. Note that the Model Tenancy Act, adopted in some states, caps residential deposits at two months of rent and commercial deposits at six months.

A lock-in period is a number of months at the start of the tenancy during which neither party may terminate the agreement, so that the tenant is assured of the premises and the landlord of the rent. If the tenant leaves during the lock-in, rent for the balance of the lock-in period is usually payable or forfeited from the deposit. It is common in commercial leases, where the tenant spends on interiors and the landlord wants certainty, and in furnished flats in cities with high turnover. For an ordinary residential tenancy many parties leave it at zero and rely on the notice period instead. The generator lets you set a lock-in of any length and adds the clause only when it is above zero.

There is no fixed rule; it is whatever the agreement says, which is why the generator asks. The common practice is that the tenant pays the electricity, water, gas and internet bills for the period of the tenancy as per meter, and pays society maintenance charges either separately or as part of an all-inclusive rent. Minor repairs such as taps, switches and bulbs are the tenant responsibility; structural repairs, plumbing inside walls, seepage and major electrical work are the landlord responsibility. Property tax is always the owner cost. State whichever arrangement you have agreed clearly in the draft so there is no argument when the society raises its charges mid-term.

Yes, select commercial use and the draft adapts the use clause and the deposit cap language. A commercial tenancy usually has a longer term, a lock-in, a higher deposit, and provisions about signage, fit-out, GST on rent and the landlord GST registration, since rent on commercial property attracts GST at 18 percent when the landlord is registered, and since 2024 tenants who are registered must pay GST on reverse charge when renting commercial property from an unregistered landlord. The draft covers the basic terms but not these commercial specifics, so for a shop or office lease of any size have a lawyer add the GST, fit-out and signage clauses and consider registering the agreement even if it is under 12 months.