Customizing Rent Agreements: Clauses You Shouldn’t Miss

You found the perfect apartment. You negotiated the rent. You are ready to move in. The landlord sends over the rent agreement. It looks official. It is long. You skim through it and sign on the last page.

And then… a problem pops up three months later. A pipe bursts. The landlord says it is your job to fix it. You want to get a pet. The agreement says no. You need to move for a new job. You discover a huge penalty.

Your heart drops. The pressure is on. Why? Because you missed the most important step: reading and customizing the rent agreement clauses.

Most rental disputes in India happen because these clauses are vague, missing, or just copied from a generic template. This is not just a formality. This is your rulebook for the next year or more. It protects you, whether you are the tenant paying the rent or the landlord owning the property.

This guide will walk you through every critical clause. We will cover what must be included, what you can add, and what to avoid. We will use simple language and real examples. Our goal is to give you the confidence to create a clear, fair, and legally sound rent agreement.

Let us build your rulebook together.

The Legal Backdrop: Why Your Agreement Needs to be Solid

In India, renting a property is governed by a few key laws. The Indian Contract Act makes sure your agreement is legally binding. The Transfer of Property Act lays down the rules for renting. Older Rent Control Acts still apply in some areas and often favor tenants.

A big new change is the Model Tenancy Act of 2019. Many states are starting to adopt it. This new law aims to balance the rights of landlords and tenants. It suggests things like capping the security deposit and setting clear rules for rent increases and evictions.

You have probably heard of the “11-month agreement.” This is popular to avoid the lengthy process of registration in some states. But be careful. An unregistered agreement may not be strong evidence in court if a dispute arises. For a long-term lease, getting it properly stamped and registered is always the safer bet.

The bottom line? A strong agreement works within this legal framework to keep you out of trouble.

The Non-Negotiable Clauses: Your Core Checklist

Do not just read these clauses. Understand them. Negotiate them. Make sure they are crystal clear. This table breaks down the absolute essentials.

Clause	What It Really Means	A Sample Clause for Your Agreement	What Happens If You Skip It?
Parties & Property	This identifies everyone and everything. Full names, permanent addresses, and ID proofs (Aadhaar, PAN) of landlord and tenant. A full property description.	“This agreement is between Mr. Rajesh Sharma (Owner) and Ms. Priya Mehta (Tenant) for Flat 202, B-Wing, Sunshine Apartments, Mumbai. The property includes all fixtures, fittings, and the appliances listed in the inventory.”	Big disputes over who is responsible. “I didn’t know the washing machine was included!”
Rent & Due Date	How much, when is it due, how can you pay, and what happens if you are late?	“A monthly rent of ₹30,000 is due on the 1st of every month. Payment will be made via bank transfer. A late fee of ₹500 per day will apply after a 5-day grace period.”	Confusion leads to arguments. The landlord might think you are irresponsible.
Security Deposit	The amount, why it can be kept, and when you will get it back. This is a huge source of fights.	“A refundable security deposit of ₹60,000 (two months’ rent) is paid upon signing. It will be returned within 30 days of moving out, after deducting costs for damages beyond normal wear and tear.”	The landlord might hold your money for months or make unfair deductions.
Lease Duration & Lock-in	The start and end date of your stay. A lock-in period means you cannot leave early without a penalty.	“This 11-month lease runs from January 1, 2025, to November 30, 2025. There is a 6-month lock-in period. To renew, both parties must agree 30 days before the end.”	You might be stuck in a lease you hate or lose your deposit for leaving early.
Maintenance & Repairs	Who fixes what? This is maybe the most argued-about topic.	“The tenant is responsible for minor repairs under ₹2,000 and monthly upkeep. The landlord is responsible for major structural repairs, plumbing, and electrical issues.”	You could end up paying for a whole new plumbing system yourself.
Subletting & Alterations	Can someone else live there? Can you paint the walls or drill holes?	“The tenant cannot sublet any part of the property without the landlord’s written permission. No structural changes are allowed. Cosmetic changes like painting require prior approval.”	You could be in breach of contract for simply hanging a painting.
Termination & Notice	How can either party end the agreement early and fairly?	“After the lock-in period, either party can terminate this agreement by giving a 30-day written notice.”	You could be asked to leave with just a few days’ notice.
Dispute Resolution	If you have a fight, how will you solve it without going to court right away?	“Any disputes will first be referred to mediation. If unresolved, the matter will be subject to the courts in Bengaluru.”	You could get stuck in a long and expensive legal battle.

Beyond the Basics: Smart Clauses to Customize

Your life is not generic. Your agreement should not be either. Think about your specific situation and add clauses that matter.

• The Pet Clause: Do you have a furry friend? Get it in writing. “The tenant is permitted to keep one cat. Any damage caused by the pet will be repaired at the tenant’s expense. A non-refundable pet fee of ₹5,000 is paid upfront.” This avoids shock later.
• The Furnishing Inventory: This is so important. Attach a list of every single item in the house—fridge, sofa, curtains, even spoons. Note their condition. “Sofa: small tear on left arm.” Both of you should sign this list. Take pictures. This is your proof when moving out.
• Lifestyle Clauses: Be specific about rules. “No smoking inside the property.” “No loud music after 10 PM.” This sets clear expectations for peaceful living.
• Rent Escalation: Avoid surprises at renewal. “The monthly rent will increase by 5% upon each annual renewal of this agreement.” This is fair to both sides.
• Guest Policy: Can your cousin stay for a month? “Guests are permitted to stay for a maximum of 21 consecutive days. Longer stays require permission.” This prevents unofficial subletting.
• The Exit Clause (Force Majeure): What if you get a job transfer? What if the landlord sells the house? “If the tenant needs to terminate the lease early due to a certified job transfer, they must pay a fee of one month’s rent.” “If the property is sold, the tenant will be given 60 days’ notice to vacate.”

Red Flags: Clauses That Should Make You Pause

Some clauses are unfair or even illegal. Read the fine print.

• Vague Language: Words like “reasonable repairs” or “minor damage” are trouble. Reasonable to whom? Always ask for specifics. Change it to “repairs costing less than ₹2,000.”
• Harsh Penalties: A penalty for late rent should be small and fair. A fee that is 50% of your rent is not fair. It might not even hold up in court.
• “Unconditional Access” for Landlord: The landlord cannot just show up whenever they want. They need to give you at least 24 hours notice before a visit. Your privacy matters.
• Clauses That Break the Law: Any clause that tries to take away your basic legal rights is void. For example, a landlord cannot make you waive your right to sue them for negligence.

Putting It All Together: Format and Signing

A good agreement has a clear structure: Title, Date, Parties, Recitals (the “whereas” part), all the clauses we discussed, and finally signature lines for you, the landlord, and two witnesses.

Remember the stamp duty. This is a tax that makes the agreement legal. The cost changes from state to state. An 11-month agreement often needs less duty than a longer one. You can usually buy e-stamps online now, which is much easier.

Finally, everyone gets a copy. You, the landlord, and sometimes the society office. Do not move in until you have your signed copy in hand.

Your Questions, Answered

Can my landlord increase the rent whenever they want?

No. Unless your agreement has a specific clause allowing for a mid-lease increase, the rent is fixed until the lease ends. Upon renewal, they can propose a new rent.

Is an 11-month agreement really safe?

It is common, but not without risk. For the tenant, an unregistered agreement may not be strong proof of your terms if the landlord tries to evict you. For the landlord, it is harder to evict a problematic tenant without a registered agreement. For peace of mind, consider registering it.

Who pays for a major water leak?

This is why the maintenance clause is key. Typically, the tenant handles small fixes like a clogged drain. The landlord is responsible for major issues like fixing the building’s plumbing pipes. Your agreement must spell this out.

What if the landlord sells the property?

Your lease is still valid. The new owner becomes your new landlord and must honor all the terms of your existing agreement until it expires.

Can they keep my deposit for normal wear and tear?

No. Normal wear and tear means the natural fading of paint, slight wear on carpets, or loose door handles from use. They cannot charge you for this. They can only charge for actual damages like broken windows, large stains, or burnt countertops. Your move-in inventory and photos are your best defense here.

The Key to a Peaceful Stay

A rent agreement is not about mistrust. It is about clarity. It is the blueprint for a successful relationship between a tenant and a landlord. A well-drafted, customized agreement stops problems before they start. It gives everyone peace of mind.

Use this guide. Talk to your landlord about these clauses. If something is important to you, put it in writing. It is easier to have a slightly awkward conversation now than a massive legal fight later.

Your home should be your sanctuary. Make sure your rent agreement helps keep it that way.