Renting out your property seems like a simple source of monthly income—until the tenant stops paying rent, damages the flat, or refuses to vacate.
That’s when most landlords realise they skipped the legal basics. Whether it’s a flat, shop, or independent house, renting it without proper documentation can become a legal nightmare.
Here’s a simple, clear guide to help landlords protect their rights while renting out property in India.
| Step | Why It Matters |
|---|---|
| Draft a written Rent Agreement | Verbal agreements are a big mistake. A written rental agreement clearly defines rent, duration, deposit, repairs, notice period, and exit terms. |
| Get the Agreement Registered | Under Section 17 of the Registration Act, 1908, a lease over 11 months must be registered with the sub-registrar. Unregistered agreements are hard to enforce in court. |
| Take Police Verification of the Tenant | Mandatory in most states. Submit tenant’s ID and address proof to the local police station. Helps avoid renting to people with criminal records. |
If you’re letting out property through brokers or online platforms, don’t rely on verbal promises or WhatsApp messages. Even a friendly tenant can become a difficult one.
Always include the following in the rental agreement:
- Names and addresses of both parties
- Exact rent amount and due date
- Security deposit and refund terms
- Duration of lease and renewal terms
- Maintenance responsibilities
- Lock-in period (if any)
- Notice period for eviction or vacating
Some landlords also add clauses about:
- No sub-letting
- No commercial use
- Pet policy
- Penalty for late rent
To know the legal difference between ownership and authority, read Power of Attorney vs Sale Deed – Don’t Get Cheated.
Also, make sure the property is in your name and mutated in government records before renting it. It’s best to avoid disputes with co-owners or heirs later.
Not sure if your name is updated in land records? Learn How to Get Your Land Records or Khasra-Khatauni Online.
Lastly, don’t forget rent control laws. In many cities like Mumbai, Kolkata, or Delhi, old rent control acts still apply to certain properties. These laws favour tenants and make eviction harder. So, if your property falls under such jurisdiction, make sure to seek legal advice before finalising the terms.
Once you’ve finalised the rent terms and drafted the agreement, the next big step is registration. A registered rent agreement gives legal weight to your terms and makes enforcement easier if things go wrong.
| Action | How to Do It |
|---|---|
| Register the Rent Agreement | Visit your local Sub-Registrar Office with the tenant. Carry ID/address proofs, passport-size photos, and the agreement printed on stamp paper (usually 2–6% of annual rent value). In some cities, you can do this online via e-Registration portals (Maharashtra, Delhi, etc.). |
| Police Verification | Submit tenant’s ID proof, photos, and agreement copy to the nearest police station. Some states also allow online police verification. |
What if the tenant doesn’t pay rent or refuses to vacate?
If the tenant breaches the agreement or stops paying rent:
- Send a legal notice asking them to vacate or clear dues within a time frame (usually 15–30 days).
- If they don’t respond, you can file an eviction suit in the civil court under your state’s Rent Control Act or Transfer of Property Act, 1882.
- Grounds for eviction may include: non-payment of rent, subletting, property misuse, end of lease term, or personal necessity.
Tip: Do not disconnect electricity or forcefully evict tenants—that’s illegal. Always follow legal procedure.
Can you increase the rent during the tenancy?
Yes, but only:
- If the agreement includes a rent escalation clause (like 5–10% increase every 11 months or annually)
- Or, with mutual consent at the time of renewal
If no clause is mentioned, you must issue a notice of rent revision, ideally 2–3 months in advance.
FAQs
1. Is rent agreement registration mandatory?
If the lease is for 12 months or more—yes, under law. For shorter leases, notarisation is common but less secure.
2. Can I evict a tenant without a rent agreement?
Yes, but it’s much harder. A written agreement is strong legal evidence. Without it, you’ll rely on circumstantial evidence.
3. How long does eviction take in India?
Anywhere from 6 months to 2 years depending on court workload and tenant resistance.
4. What is the lock-in period in a rent agreement?
It’s the minimum time neither party can terminate the lease without penalty—often 6 or 11 months.
5. Can rent be paid in cash?
Yes, but always take a signed receipt or transfer online for proof.
