Most rental disputes in India trace back to something that was — or wasn't — written in the rent agreement. Before you sign and pay, spend twenty minutes checking these five clauses. It can save you months of conflict and thousands of rupees later.
1. Security deposit: amount, and the refund terms
The agreement must state the exact deposit amount, the refund timeline after you vacate (push for 7–15 days, in writing), and what can be deducted. Insist on the phrase 'normal wear and tear excluded' — repainting after a multi-year stay is generally the landlord's cost, not yours. Do a photo/video walkthrough on moving day and share it with the landlord over email or WhatsApp so there is a timestamped record of the flat's condition.
2. Lock-in period vs notice period — know the difference
The notice period (usually 1–2 months) is how much warning either side must give before ending the tenancy. The lock-in period is a minimum stay during which you cannot leave without forfeiting the deposit or paying the remaining lock-in rent. A 6-month lock-in is common; an 11-month lock-in is aggressive. If your job is transferable, negotiate the lock-in down before signing — not after.
3. Rent escalation and what 'maintenance' includes
- Annual rent increase should be a stated percentage (5–10% is typical), not 'as mutually decided'.
- Clarify whether society maintenance is included in rent or paid separately, and who pays for repairs — a common split: landlord handles structural/major repairs, tenant handles minor upkeep.
- Check who pays property tax, water charges and painting charges at exit.
4. Registration and stamp duty
In most states, a rent agreement for 12 months or longer must be registered. The popular '11-month agreement' avoids mandatory registration but should still be on stamp paper of the correct value and notarised. An unstamped or under-stamped agreement may not be admissible as evidence if a dispute reaches court — a few hundred rupees of stamp duty is cheap insurance.
5. Verify the landlord and the property
- Ask for proof of ownership (sale deed, latest property tax receipt or electricity bill in the landlord's name).
- If you're dealing with a caretaker or relative, get written authorisation from the owner.
- Confirm there is no clause allowing the landlord to enter the flat without prior notice.
- Make sure every occupant's name appears in the agreement, and both parties sign every page.
Struggling to arrange the deposit the agreement demands? RentHatke can convert it into monthly EMIs so you don't have to drain your savings on day one.
