Rent Agreement with eStamp Paper

Are you tired of the old, slow way of making rent agreements? Wish there was a quicker, easier way? eSahayak is your answer. We offer a quick, easy way to create rent agreements online, based on your state's rent laws, right from your home. Plus, we deliver 100% legally compliant rent agreements straight to your doorstep.

What is a Rent Agreement?

A rent agreement is a legally binding contract between a property owner (landlord) and a person who wishes to occupy the property (tenant). It records the terms and conditions under which the property is let out, including the monthly rent, security deposit, duration of tenancy, and the rights and obligations of both parties. The legal foundation for rent agreements in India comes from two central statutes: the Indian Contract Act, 1872, which governs the formation and enforceability of all contracts, and the Transfer of Property Act, 1882, which specifically addresses the transfer of interest in immovable property through leases.

Rent agreements are used for both residential properties (flats, apartments, independent houses) and commercial properties (offices, shops, warehouses, godowns). The nomenclature varies by state and context. In Maharashtra, the standard form is called a Leave and License Agreement under the Maharashtra Rent Control Act, 1999. In Karnataka, the term Rental Agreement is most common and agreements are registered through the Kaveri Online portal. In Delhi, landlords and tenants typically use the term Rent Agreement, governed primarily by the Delhi Rent Control Act, 1958. In Uttar Pradesh, the standard term is Lease Deed or Rental Agreement, and the state adopted tenancy reforms aligned with the Model Tenancy Act in 2021. Regardless of the name, the core purpose remains the same: to protect the interests of both parties and to create a document that is admissible as evidence in the event of a dispute.

Rent Agreement Rules in 2026

Model Tenancy Act, 2021

The Model Tenancy Act (MTA), 2021 was approved by the Union Cabinet on June 2, 2021, and circulated to all states as an advisory framework. Since rent and tenancy fall under the State List (Entry 18, Seventh Schedule) of the Constitution, the Central Government cannot impose a nationwide rental law. Each state must individually adopt or adapt the MTA's provisions through its own legislation.

The MTA introduces several tenant and landlord protections that are worth knowing, even if your state has not yet adopted them formally. Key provisions include:

• Security deposit caps: Maximum 2 months' rent for residential properties and 6 months' rent for commercial properties.
• Written agreement mandate: All tenancy agreements must be in writing and registered with the Rent Authority within 60 days of execution.
• Rent increase notice: Rent can be increased only once per year, with a minimum 90 day written notice to the tenant.
• Overstay penalties: If a tenant stays beyond the agreed term without renewal, the landlord can charge double the monthly rent for the first two months of overstay, and four times the monthly rent thereafter.
• Three tier dispute resolution: Disputes are resolved through a structured system of Rent Authority, Rent Court, and Rent Tribunal, rather than overburdened civil courts.
• Landlord obligations: The landlord must give 24 hour notice before entering the premises and cannot cut essential supplies like water or electricity to force eviction.
• Structural repairs: The landlord is responsible for structural repairs unless the damage was caused by the tenant's negligence.

Which States Have Adopted the MTA?

As of 2026, only four states have fully revised their tenancy laws along MTA lines: Andhra Pradesh (2018, pre MTA), Tamil Nadu (2017, pre MTA), Uttar Pradesh (2021), and Assam (2021, the first state to adopt post MTA). The Union Territories of Arunachal Pradesh, Andaman and Nicobar, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep have adopted the MTA as centrally administered territories. Karnataka and Maharashtra are in the process of updating their older rent control provisions but have not fully enacted MTA aligned laws yet. Delhi, Gujarat, Rajasthan, West Bengal, Haryana, and most other states have not adopted the MTA. You can read the full text of the MTA on the Ministry of Housing and Urban Affairs website.

E-Stamping Expansion

E-stamping is rapidly expanding across India, with 25+ states and Union Territories now offering digital stamp paper through SHCIL (StockHolding Corporation of India Ltd) and NeSL (National E-Governance Services Limited) portals. SHCIL alone processes over 700,000 e-stamp transactions daily through 36,000+ points of presence. Several states are moving towards making e-stamping mandatory for new agreements. For example, Karnataka notified its Digital e-Stamp Rules in 2025, Gujarat introduced a Stamp Amendment Bill in 2025 to clarify e-payment methods, and Maharashtra's IGR portal now offers end to end online Leave and License registration with e-stamps.

E-stamps are tamper proof, verifiable online at any time, and eliminate the risk of counterfeit stamp paper that has plagued the physical stamp paper market. When you create your rent agreement with eSahayak's stamp paper service, you receive a genuine e-stamp certificate that is legally valid across India.

Stamp Duty on Rent Agreement: State by State

Stamp duty is a government tax paid on legal documents to make them legally enforceable. For rent agreements, the stamp duty varies significantly from state to state based on the duration of the agreement, the rent amount, and the security deposit. Below is a summary of stamp duty rates for the ten most active rental markets in India. You can also check our detailed stamp duty guide for more information.

Rates are indicative as of 2026. Always verify with your state's official portal before executing your agreement. Several states offer concessional rates for women and certain categories of property transactions.

Quick Guide: Rent Agreement in Your State

Here is a quick overview of rent agreement rules in India's five largest rental markets. Each state has its own stamp act, registration process, and online portal. Click through to the state specific page for detailed steps and updated rates.

• Maharashtra: The only major state where registration is mandatory for all rent agreements, regardless of duration (Section 55, MRCA 1999). Stamp duty is calculated using a unique formula that factors in 10% notional interest on the refundable deposit. Use the IGR Maharashtra portal for online registration.
• Delhi: 11 month agreements attract a flat Rs 100 stamp duty, making Delhi one of the most affordable states for short term agreements. Longer leases are charged at 2% to 3% of average annual rent. Registration is handled through the Delhi Revenue Department.
• Karnataka: Short term agreements require only Rs 200 stamp duty. Karnataka notified its Digital e-Stamp Rules in 2025 and all stamping is now facilitated through the Kaveri Online portal. Registration is recommended but not mandatory for agreements under 12 months.
• Uttar Pradesh: Short term stamp duty is Rs 100 to Rs 200 (fixed). UP adopted tenancy reforms aligned with the Model Tenancy Act in 2021, one of only four states to do so. The IGRSUP portal supports online stamp duty payment and registration.
• Tamil Nadu: Stamp duty is 1% of (rent + deposit) for all durations, with registration fees capped at Rs 20,000 for lease deeds. Tamil Nadu revised its tenancy laws even before the MTA (in 2017). Use the TNREGINET portal for registration services.

Registered vs Notarized Rent Agreement

One of the most common questions landlords and tenants have is whether their rent agreement needs to be registered or simply notarized. The difference is significant both legally and practically. A registered agreement is recorded with the Sub Registrar's office under the Registration Act, 1908, and becomes part of the public record. A notarized agreement is merely signed in the presence of a Notary Public, who attests the signatures but does not file the document with any government authority.

Under Section 17(1)(d) of the Registration Act, 1908, any lease of immovable property for a term exceeding one year, or from year to year, or reserving a yearly rent, must be compulsorily registered. An unregistered lease that falls under this section is inadmissible as evidence in court under Section 49 of the same Act, meaning neither party can rely on it to prove the agreed terms in a dispute.

How to Make Rent Agreement Online with eSahayak

Creating a rent agreement through eSahayak is straightforward and takes just a few minutes. Here is the step by step process:

1. Choose your agreement type: Select whether you need a residential rent agreement or a commercial lease agreement. Our system will load the correct template based on your state's specific laws and stamp duty requirements.
2. Fill in the details: Enter the landlord's and tenant's information (name, address, Aadhaar number), the property address, rent amount, security deposit, agreement duration, notice period, and lock in period. You can add up to 5 tenants in a single agreement.
3. Customise the clauses: Review the pre drafted clauses that our legal team has prepared based on your state's requirements. Add, modify, or remove clauses as needed. You have full control over every section of the agreement.
4. Select your stamp paper: Choose the appropriate e-stamp paper denomination based on your state's stamp duty rates. eSahayak procures genuine e-stamp certificates from authorised vendors. The stamp paper is generated within hours of payment.
5. eSign and receive your agreement: Both parties sign the agreement digitally using Aadhaar based eSign. Your completed rent agreement on e-stamp paper is delivered as a PDF. If you need a physical copy, we offer doorstep delivery anywhere in India.

Rent Agreement Sample Format

Important Clauses in a Rent Agreement

A well drafted rent agreement should include clauses that protect both the landlord and the tenant. Skipping essential clauses is one of the leading causes of rental disputes in Indian courts. Below are the clauses you should consider, along with why each one matters.

1. Rent Payment Terms: Clearly state the monthly rent amount, the due date, and the accepted payment methods (bank transfer, UPI, cheque). Why this matters: Disputes over "when" and "how much" rent is due are the most common rental conflicts.
2. Late Payment Penalty: Outline the penalty or additional charges the tenant incurs for delayed rent payments. A common approach is a flat fee per day of delay. Why this matters: Without a defined penalty, landlords have no contractual remedy for persistent late payments.
3. Lock in Period: Specify the minimum duration during which neither party can terminate the agreement. Typically this is 3 to 6 months. Why this matters: Protects both parties from unexpected early termination and wasted moving costs.
4. Consequences of Overstay: State the penalties if the tenant continues to occupy the property after the lease term ends without renewal. Under the MTA, this can be double rent for the first two months and four times rent thereafter. Why this matters: Gives the landlord a clear legal basis to recover additional costs for overstay.
5. Food and Lifestyle Restrictions: If the landlord has specific restrictions (for example, no non vegetarian cooking on the premises, no smoking, no alcohol), state them explicitly. Why this matters: Verbal agreements about lifestyle restrictions are unenforceable; only written clauses hold up.
6. Pets: Specify whether pets are allowed on the property and any conditions attached (breed restrictions, pet deposit). Why this matters: Avoids conflict after the tenant has already moved in with their pet.
7. Maintenance and Repairs: Define who is responsible for what. As a general rule, structural repairs (roof leaks, plumbing mains, electrical wiring) are the landlord's responsibility, while cosmetic maintenance (painting, minor fixtures) falls on the tenant. Why this matters: Prevents disputes over who pays for specific repairs during the tenancy.
8. Subletting: Clearly state whether subletting the property or any part of it is allowed. If allowed, outline the conditions and approval process. Why this matters: Unauthorized subletting is a valid ground for eviction in most state tenancy laws.
9. Security Deposit: Mention the exact deposit amount and the conditions for its refund at the end of the lease term, including the timeline for refund (typically 30 to 60 days after vacating) and any deductions. Why this matters: Deposit disputes are among the most litigated issues in rental relationships.
10. Notice Period: Specify the notice required by both parties for early termination. The standard in most Indian cities is 1 to 2 months. Why this matters: Protects both parties from sudden displacement or vacancy.
11. Entry and Inspection: Establish that the landlord must give advance notice (24 to 48 hours is standard) before entering the property for inspection or maintenance. Why this matters: The MTA mandates 24 hour notice; your agreement should codify this.
12. Use of Property: Specify the permitted use (residential only, commercial only, or mixed use) and prohibit illegal activities on the premises. Why this matters: If the tenant uses a residential property for commercial purposes without permission, the landlord may face municipal violations.
13. Utilities and Bills: Clarify whether electricity, water, gas, internet, and society maintenance are included in the rent or paid separately by the tenant. Why this matters: Ambiguity about who pays which bill leads to monthly friction.
14. Dispute Resolution: Include a clause for mediation or arbitration before either party approaches a court. Specify the city whose courts will have jurisdiction. Why this matters: Reduces the time and cost of resolving disagreements compared to going directly to civil court.
15. Rent Escalation: Define the annual rent increase percentage (typically 5% to 10%) and the mechanism for communicating the increase. Why this matters: Prevents disagreements at renewal time and gives the tenant predictability about future costs.
16. Force Majeure: Include a clause addressing situations beyond either party's control (natural disasters, government mandated lockdowns, pandemics) that may affect the tenancy. Why this matters: The COVID 19 lockdowns demonstrated the importance of having a force majeure clause in every rental agreement.
17. Governing Law and Jurisdiction: State which state's laws govern the agreement and which city's courts have jurisdiction over disputes. Why this matters: Especially important when the landlord and tenant reside in different states.

Note: You have the flexibility to include additional clauses in the rental agreement according to your specific needs. When using eSahayak, you can customise every clause in the template before finalising.

Why is the Standard Rent Agreement for 11 Months?

Almost every rent agreement in India is drafted for a period of 11 months. This is not a coincidence or an arbitrary tradition. It is a direct consequence of Section 17(1)(d) of the Registration Act, 1908, which states that any lease of immovable property "from year to year, or for any term exceeding one year, or reserving a yearly rent" must be compulsorily registered with the Sub Registrar.

By keeping the agreement term at 11 months (which is less than one year), both landlord and tenant avoid the time, cost, and paperwork involved in registration. They save on the registration fee, avoid the visit to the Sub Registrar's office, and can execute the agreement faster. At the end of 11 months, the agreement is typically renewed with updated terms. The stamp duty still applies (since stamping is separate from registration), but the overall cost and effort are significantly lower.

However, there is an important trade off. An unregistered agreement (even one on proper stamp paper) is not admissible as primary evidence in court under Section 49 of the Registration Act. This means that if a dispute arises, neither party can rely solely on the agreement to prove the terms. In practice, courts may still consider the agreement as a "collateral document," but its evidentiary value is weaker than that of a registered document.

Rent Agreements for Special Situations

NRI Landlord

If the property owner is a Non Resident Indian (NRI), a few additional considerations apply. The NRI landlord can execute a Power of Attorney (POA) in favour of a trusted person in India who can sign the agreement and handle registration on their behalf. The POA must be notarised and apostilled (or attested by the Indian consulate) in the country where the NRI resides. The rent received by the NRI is subject to TDS (Tax Deducted at Source) at 30% under Section 195 of the Income Tax Act, unless a lower rate is applicable under a Double Taxation Avoidance Agreement (DTAA). The tenant is legally obligated to deduct TDS before paying the rent. With eSahayak, an NRI landlord can draft and eSign the agreement remotely using Aadhaar based eSign, provided their Indian mobile number is active.

Company Lease (Corporate Tenancy)

When a company rents a property for its employees, the agreement is typically between the landlord and the company (not the individual employee). The company's authorised signatory signs on behalf of the organisation, and the agreement should include a clause specifying which employee will occupy the premises and what happens when that employee is transferred. Company leases often involve higher stamp duty because the rent and deposit amounts tend to be larger. Registration is strongly recommended for corporate leases to protect all parties involved.

PG and Hostel Accommodation

Paying Guest (PG) and hostel arrangements are a form of license to use a portion of the property, not a full lease. The occupant does not get exclusive possession of the premises. A PG agreement typically covers the monthly fee (including meals and utilities), house rules, the notice period for vacating, and the security deposit. While PG agreements are not always formally registered, having a written agreement on stamp paper protects both the PG owner and the occupant. The MTA's provisions on security deposit caps (2 months for residential) apply to PG arrangements in states that have adopted the Act.

Subletting

Subletting occurs when a tenant rents out a portion (or all) of the property to a third party. In most Indian states, subletting without the landlord's written consent is prohibited and can be grounds for eviction. If subletting is permitted, there should be a separate subletting agreement between the original tenant and the sub tenant, and the original rent agreement should contain an explicit clause allowing subletting. The sub tenant has no direct legal relationship with the landlord; the original tenant remains fully responsible for the property and the rent.

Why is it Important to Register a Rent Agreement?

There are numerous instances where parties skip registration to save on costs. The most common practice is to execute an 11 month agreement that falls below the mandatory registration threshold. While this is legal in most states, it comes with risks.

Under the Registration Act, 1908, an unregistered lease agreement that was required to be registered is inadmissible as evidence in court (Section 49). This means that in the event of a dispute between the landlord and the tenant, no claim or decision can be based on the unregistered agreement. The terms you agreed upon, the rent amount, the security deposit, the notice period, none of it can be proven through the document alone.

State specific rules add further nuance to the registration question. In Maharashtra, the responsibility to register the agreement falls on the landlord under Section 55 of the Maharashtra Rent Control Act, 1999. Failure to register carries a penalty of up to Rs 5,000 and/or imprisonment of up to 3 months. Under Section 55(2), if no registered agreement exists, the tenant's version of the terms prevails. In Uttar Pradesh, which adopted MTA aligned tenancy reforms in 2021, registration is encouraged for all agreements, and the state offers concessional stamp duty rates through the IGRSUP portal to incentivise compliance. In Delhi, while registration is not mandatory for 11 month agreements, it is strongly advisable for properties with higher rent, as unregistered agreements provide limited legal protection in dispute proceedings before the Rent Controller. In Karnataka, the Kaveri Online portal has streamlined the registration process, and registration is recommended even for short term agreements in major cities like Bangalore.