Rent Agreement Stamp Duty and Registration in India (2026): State-wise Guide to 11-Month Agreements

Short answer: most rent agreements in India are for 11 months because leases of a year or more must be registered at the sub-registrar’s office. An 11-month agreement is valid without registration in most states — but it still has to be stamped, and three states require registration whatever the term: Maharashtra, Tamil Nadu and Kerala.

Below: the law behind the 11-month rule, state-wise stamp duty and registration, e-stamping, deposit and notice rules, and the clauses to include. Need the agreement itself? Use our free rent agreement generator (flat or house) or the PG agreement generator.

Why rent agreements are for 11 months

• Registration Act, 1908, Section 17(1)(d) makes registration compulsory for “leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent”.
• Leases of one year or less are optional to register (Section 18). An 11-month term stays safely under the line.
• The Transfer of Property Act (Section 107) says the same: long leases need a registered instrument; shorter ones can be made by agreement and handing over possession.

Why it matters: under Section 49 of the Registration Act, a document that should have been registered but was not cannot be used as evidence of the lease terms — the Supreme Court confirmed this strict reading in 2023. So if your agreement is for 12 months or more, register it.

Valid without registration — but not without stamp duty

Every rent agreement is an “instrument” under the stamp laws, so it must carry the stamp duty set by your state — usually by printing it on stamp paper or an e-stamp certificate of the right value. An unstamped or under-stamped agreement can be impounded and will need the deficit duty plus a penalty before a court accepts it. Tamil Nadu’s tenancy portal states this explicitly for agreements under 12 months.

State-wise stamp duty and registration (term under one year)

Rates change through state budgets and notifications. Always confirm the exact amount on your state’s registration portal or with a stamp vendor before buying stamp paper.

How to buy stamp paper (e-stamping)

• The Stock Holding Corporation’s e-stamping system (shcilestamp.com) runs in 26 states and UTs, with online payment and printing in states including Delhi, Uttar Pradesh, Punjab, Chandigarh, Assam and Himachal Pradesh.
• Karnataka moved to its own digital e-stamp on the KAVERI-2 system in 2026.
• Maharashtra uses its GRAS / e-SBTR system; Kerala uses its treasury system.
• Buy the e-stamp in the name of the party who pays the duty, for the exact amount, and print the agreement on it (or attach it) before signing.

Model Tenancy Act, 2021 — what it changes

The Union Cabinet approved the Model Tenancy Act in June 2021 and sent it to the states. It is a model law: it only applies where a state passes its own law based on it. Adoption is still partial: a 2022 Rajya Sabha reply named Assam, Andhra Pradesh, Tamil Nadu and Uttar Pradesh as states that have revised their tenancy laws on these lines, and Chandigarh brought in the Assam Act from May 2026. Everywhere else, the older state rent laws still apply. Its key ideas are worth following anywhere:

• A written agreement for every tenancy, reported to a Rent Authority within two months.
• Security deposit capped at two months’ rent for residential premises (six months for non-residential).
• Deposit refunded when the landlord gets vacant possession back, after lawful deductions.
• Landlord entry only with 24 hours’ written notice, in the daytime.
• A tenant who overstays after the term pays twice the rent for two months, then four times.
• Disputes go to a Rent Authority, Rent Court and Rent Tribunal instead of civil courts.

Beware viral “new rent rules 2026” posts. Fact-checks have found the Centre has not notified any new national rent law; rules come from your state.

Notice period and deposit refund

• If the agreement says nothing, Section 106 of the Transfer of Property Act treats a residential lease as month-to-month, ending on 15 days’ written notice from either side.
• In practice, agreements set one month’s notice (sometimes two or three) and may add a lock-in period.
• Allowed deductions from the deposit: unpaid rent, unpaid utility or maintenance bills, and damage beyond normal wear and tear. Painting “as a rule” is a common dispute — write it into the agreement if you intend to charge it.
• Do a joint inspection at handover with photos, and record meter readings.
• In Tamil Nadu, the parties must report the end of a tenancy to the Rent Authority within 15 days.

Clauses every rent agreement should have

1. Names, addresses and ID of landlord and tenant
2. Exact property address, and an inventory of fittings and furniture
3. Term, start date and renewal terms
4. Rent, due date and payment mode; rent increase at renewal
5. Security deposit: amount, refund timeline and permitted deductions
6. Maintenance, society charges and utilities — who pays what
7. Repairs: structural for the landlord, routine for the tenant
8. Landlord entry with notice
9. Permitted use, occupants, and no subletting without consent
10. Lock-in and notice period; termination grounds
11. Handover condition and joint inspection
12. Police verification of the tenant (see our form and state guide)
13. Stamp duty and registration: who pays
14. Jurisdiction, and signatures of both parties with two witnesses

Our rent agreement generator includes all of these and prints a ready PDF.

Frequently asked questions

Is an 11-month rent agreement valid without registration?

In most states, yes, if it is properly stamped. In Maharashtra (leave and licence), Tamil Nadu (Rent Authority) and reportedly Kerala, registration is required whatever the term.

Who pays stamp duty on a rent agreement?

Whoever the agreement says. In practice it is usually the tenant; Delhi’s rules make the lessee liable by default.

Can a rent agreement be for more than 11 months?

Yes, but if it is for 12 months or more it must be registered, and stamp duty is usually higher. Many owners prefer to renew an 11-month agreement instead.

How much security deposit can a landlord take?

Where a state has adopted the Model Tenancy Act, residential deposits are capped at two months’ rent. Elsewhere the agreement decides, though one to two months is common outside Bengaluru.

Is a notarised rent agreement enough?

Notarisation only attests the signatures. It does not replace stamp duty, or registration where registration is required.

What happens if the agreement is not stamped?

It can be impounded if produced as evidence, and will only be accepted after paying the deficit duty and a penalty.

Sources

• Registration Act, 1908, s.17 — AdvocateKhoj bare act; unregistered lease as evidence (2023) — LiveLaw.
• Maharashtra Rent Control Act, s.55 — AdvocateKhoj.
• Tamil Nadu tenancy registration FAQ — tenancy.tn.gov.in.
• Telangana registration ready reckoner — registration.telangana.gov.in.
• Kerala Finance Bill 2024 — PRS India.
• Delhi stamp duty FAQ — Delhi Revenue Dept.
• Model Tenancy Act legislative brief — PRS India.
• Transfer of Property Act, s.106 — Vidhi Judicial.

Last reviewed: October 2026. General information, not legal advice — confirm duty and registration with your state’s registration department or a lawyer.