In short
- A lease from year to year, for more than one year, or with a yearly rent must be made by a registered document under central law.
- Many people use 11-month agreements because a lease of one year or less doesn't need registration under that central rule.
- Stamp duty is set by each state and must be paid on the agreement, whatever its length.
- Some states have their own tenancy laws with extra rules. Tamil Nadu, for example, requires every tenancy agreement to be in writing and registered with a Rent Authority.
- An agreement usually covers rent, deposit, duration, notice period, maintenance, repairs and use of the premises.
Reviewed by 3 advocates · 2 Bar Councils
Approved ·
Practises civil and consumer law
Reviewed this guide for accuracy against the sources listed below.
Approved ·
Practises banking and civil disputes
Reviewed this guide for accuracy against the sources listed below.
02What the law says
Two central laws set the basic rules. The Transfer of Property Act, 1882 says a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered document. Other leases can be made by a registered document or by an oral agreement with handing over of possession. The Registration Act, 1908 (Section 17) also makes these longer leases compulsorily registrable.
If a document that must be registered isn't registered, it generally can't be used as evidence to prove the lease terms. Courts have still accepted it for limited purposes, such as showing the nature of a person's possession. This is one reason many agreements are kept to 11 months.
Stamp duty is a state subject. Each state's stamp law sets the duty on lease or rent agreements, and many states now use e-stamping. An agreement that hasn't been properly stamped can face difficulties if it's needed as evidence.
State rent laws can add their own rules. They differ a lot between states, so the state notes below matter.
Your state
General information for India. State-specific notes are listed below.
Karnataka · Karnataka: Karnataka Rent Act, 1999
The Karnataka Rent Act, 1999 says no premises may be let or taken on rent after the Act began except by a written agreement (Section 4). The Act doesn't apply to some premises, including those where the rent is above ₹3,500 a month in areas listed in Part A of its First Schedule (cities under the Karnataka Municipal Corporations Act and nearby areas) or above ₹2,000 a month elsewhere, and most non-residential premises.
Rent Controller under the Karnataka Rent Act, 1999 (opens in new tab)
Tamil Nadu · Tamil Nadu: tenancy agreements must be registered with the Rent Authority
Under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, no one may let or take premises on rent in the areas the Act covers except under a written agreement. The agreement must be registered with the Rent Authority in the prescribed form and time. The Rent Authority registers it within 30 days and gives a registration number. An unregistered agreement can't be received as evidence of a transaction affecting the property. A security deposit above three months' rent is unlawful unless the parties agree otherwise. Some premises are excluded, such as government-owned property and hotels.
Rent Authority (not below the rank of Deputy Collector), Government of Tamil Nadu (opens in new tab)
03Where you can go
- Sub-Registrar's office. For registering a lease, usually in the area where the property is.
- State stamp and registration portal. For e-stamping and, in some states, online appointments or registration.
- Rent Authority. In states with a tenancy law that sets one up, such as Tamil Nadu.
- An advocate or notary. Many people get the agreement drafted or checked. Notarisation is not registration.
04How it usually works
- 01
The landlord and tenant agree on the main terms: rent, deposit, duration, notice period and who pays what.
- 02
The agreement is printed on stamp paper or e-stamped for the duty the state charges.
- 03
Both sides sign, usually in front of two witnesses.
- 04
If the lease is for more than a year (or the state law requires it), it is registered at the Sub-Registrar's office or with the state's Rent Authority.
- 05
Each side keeps a signed copy, and payments are often made by traceable means.
05Time limits
- More than one year: a lease for longer than a year must be registered under central law.
- Notice period: where there is no written contract or local law saying otherwise, a residential lease is treated as month-to-month and can be ended by 15 days' written notice by either side (Section 106, Transfer of Property Act).
- State laws can set their own timelines. See the state notes.
06Documents to gather
- Identity and address proof of landlord and tenant
- Proof of the landlord's ownership or right to let (for example, a sale deed or tax receipt)
- The draft agreement, and stamp paper or e-stamp certificate
- Passport-size photos and witness details, if registering
- Proof of rent and deposit payments
- An inventory of fittings and furniture, with photos
07Common questions
08Questions to ask an advocate
If you speak to an advocate, these questions can help make the conversation useful.
- Does my state require my agreement to be registered, or filed with a Rent Authority?
- What stamp duty applies in my state, and has it been paid correctly?
- Are any terms in the draft unenforceable under my state's rent law?
- What happens to my rights if the agreement isn't registered?
09Sources
- Transfer of Property Act, 1882 — Sections 105, 106 and 107 (India Code) (opens in new tab)
- Registration Act, 1908 — Sections 17 and 49 (India Code) (opens in new tab)
- Karnataka Rent Act, 1999 (opens in new tab)
- Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (opens in new tab)
- Model Tenancy Act, 2021 (Ministry of Housing and Urban Affairs) (opens in new tab)