Rent Agreement Essentials: Stamp Duty, Registration & Must-Have Clauses
E-stamping is now mandatory, registration rules vary by state and a handful of clauses save every dispute later. A practical checklist.
- Act
- Registration Act, 1908 (1908)
- Act number
- Act No. 16 of 1908
- Enacting authority
- Imperial Legislative Council (British India) — remains in force under Article 372 of the Constitution of India
This article is for general information only and does not constitute legal advice. Always verify current provisions against the official source before relying on them.
Registration: when it's compulsory
Under Section 17 of the Registration Act, 1908, any lease exceeding 11 months must be registered. Most landlords sign 11-month leave-and-license agreements specifically to avoid this — except in Maharashtra and Rajasthan, where registration is compulsory regardless of term.
E-stamping is now mandatory
As of July 2025, e-stamping became mandatory for rental agreements nationwide — skipping it can attract a penalty of up to ₹5,000 for both landlord and tenant.
Indicative stamp duty rates: Maharashtra 0.25% of the total rent + deposit, Delhi a flat ₹100, Karnataka around ₹200 or 1%, Haryana 2% and Tamil Nadu 1% — always confirm the current state rate before signing.
Clauses that prevent disputes later
Full legal names, addresses and ID proof (Aadhaar/PAN/Passport) of both parties.
Exact property description, monthly rent, due date and accepted payment mode.
Security deposit amount and the exact refund/deduction process.
Notice period for termination (typically one to two months) and any lock-in period.
A rent escalation clause — commonly 5-10% annually — so increases aren't a surprise.
Maintenance responsibilities split clearly between landlord and tenant.
Purpose of use stated as strictly residential, if that's the intent.
Signing it correctly
Both parties sign the stamped agreement, ideally in the presence of two witnesses if signing physically. Keep signed and scanned copies — you'll need them for police verification, utility transfers and any rent authority filing.