Frequently Asked Questions about Maharashtra Rent Agreements
By Pryank Agrawal

Frequently Asked Questions about Maharashtra Rent Agreements

If you’re a landlord or tenant in Maharashtra, you’ve probably asked these questions:

Is a rent agreement compulsory?

How much stamp duty do I have to pay?

Do I really need to register my rent agreement online?

Let’s break it down. This FAQ-style guide will answer everything you need to know about rent (leave and license) agreements in Maharashtra—without the legal jargon.

What Is a Rent Agreement?

A rent agreement, or leave and license agreement, is a legal contract between a landlord and a tenant. It defines the terms of renting a property—like duration, rent amount, security deposit, and conditions for termination.

Think of it as the rulebook for your time in the property.

In Maharashtra, this agreement is governed by the Indian Easements Act, 1882, and Section 55 of the Maharashtra Rent Control Act, 1999, which makes registration important for enforceability.

Is Registration Compulsory in Maharashtra?

Yes. It’s legally required.

Section 55 of the Maharashtra Rent Control Act clearly says:

“Every agreement for leave and license or letting of premises shall be in writing and registered.”

This means:

  • Verbal agreements won’t hold up in court.
  • A notarized agreement is not enough.
  • If your agreement is for more than 11 months, it must be registered. Even for 11-month terms, it is strongly recommended.

Many landlords skip this to save time and money. But doing so exposes you to legal risks. Unregistered agreements are hard to enforce during disputes.

How Is Stamp Duty & Registration Charged?

Let’s simplify this.

Stamp duty and registration charges depend on:

  • Monthly rent
  • Security deposit
  • Agreement duration
  • Location of the property

Stamp Duty:

As per current rules in Maharashtra:

  • 0.25% of the total rent + deposit for the lease term
  • Minimum stamp duty: ₹100

Registration Charges:

  • ₹1,000 flat for online e-registration
  • ₹1,000 to ₹30,000 (depending on rent and property) for offline registration at sub-registrar office

Here’s an example:

Let’s say you’re renting a flat in Pune at ₹25,000/month for 11 months and paid ₹50,000 as deposit.

Stamp Duty = 0.25% of (₹25,000 x 11 + ₹50,000) = ₹962.50

Registration = ₹1,000

Total = ₹1,962.50

Can I Register the Agreement Online via e‑Registration?

Yes, and it’s highly recommended.

Maharashtra is one of the few states that lets you register your rent agreement entirely online using Aadhaar verification and biometric checks.

Here’s how it works:

  1. Visit an Authorized Service Provider (ASP) like eSevaPune or housewise.in
  2. Fill in the form.
  3. Upload documents.
  4. Schedule an appointment for biometric authentication.
  5. Get your digitally signed rent agreement within 1–2 working days.

No need to visit the sub-registrar office. No paper hassles.

Fun fact: Maharashtra was the first state in India to launch e-Registration for rent agreements.

What Documents Are Required?

Here’s your basic checklist for online e‑registration:

For Landlord and Tenant:

  • Aadhaar Card (must be linked to mobile)
  • PAN Card
  • Passport-size photo (digital copy)

For the Property:

  • Property ownership document (sale deed or tax receipt)
  • Electricity bill or index II (optional, but helpful)

You’ll also need:

  • Two witnesses with Aadhaar and PAN
  • Digital photo and thumbprint (captured during biometric visit)

How Many Witnesses, and Can POA Be Used?

You need two witnesses for registration in Maharashtra.

Each witness must provide:

  • Aadhaar card
  • PAN card
  • Biometric verification

What about POA (Power of Attorney)?

Yes, a Power of Attorney holder can execute the agreement on behalf of the owner, but:

  • POA document should be registered
  • Copy of the POA must be submitted with the agreement
  • The POA holder will sign and appear for biometric verification

So, if the landlord is abroad or unavailable, POA is a valid solution.

What’s the Validity Period & Renewal Rules?

Most rent agreements in Maharashtra are made for 11 months to avoid certain legal complexities under the Rent Control Act.

But they can be made for any duration, like 1 year, 2 years, even 5 years.

On Renewal:

  • You can renew online with the same process.
  • A fresh agreement is generated, with new stamp duty and registration charges.
  • Landlords and tenants should not reuse the old agreement—this can cause disputes later.

Is Digital Stamping Mandatory from July 2025?

Yes. Starting July 1, 2025, digital stamp duty payment becomes compulsory in Maharashtra.

This means:

  • You cannot pay stamp duty in cash or with physical stamp papers.
  • You must use the government-approved digital method via e‑SBTR or SHCIL portal.

What if you don’t comply?

You may face:

  • A ₹5,000 penalty
  • Your agreement may be deemed invalid in legal proceedings
  • The agreement may not be accepted for police verification or bank formalities

Better to adapt early and avoid the fine.

Tenant/Landlord Rights & Police Verification

For Landlords:

  • You can evict a tenant legally if rent is unpaid or agreement is violated.
  • But you can’t forcefully remove a tenant without legal process.

For Tenants:

  • You have the right to stay for the duration of the agreement.
  • You can ask for receipt of payments and expect fair treatment.

Police Verification:

In cities like Mumbai and Pune, police verification is mandatory for tenants. Without it, landlords may be fined.

Steps:

  1. Fill the police verification form (available at the local police station or online).
  2. Attach rent agreement copy and ID proof of the tenant.
  3. Submit to nearest police station.

It helps prevent misuse of property and keeps records clean.

Penalties for Non‑compliance

Here’s what happens if you don’t register your rent agreement:

  • You can be fined up to ₹5,000
  • The agreement won’t be admissible in court
  • Banks and embassies may reject it
  • You may face police scrutiny if verification isn’t done

Also, landlords lose the ability to legally evict tenants, and tenants lose the right to claim unjust treatment.

What Are the Differences Between Notarized vs Registered vs Digitally Stamped Agreements?

Let’s compare:

Type Legal Validity Enforceable in Court? Police Verification Cost
Notarized Low Not accepted ₹100–₹500
Registered (offline) High Accepted ₹2,000–₹5,000
e‑Registered + Digitally Stamped Highest Strongly accepted ₹1,000–₹2,000

If you’re still doing notarized rent agreements, you’re risking legal trouble.

Switch to e‑registered + digital stamp format—it’s safer and cheaper long-term.

Where to Go for Help: Sub‑Registrar, ASPs & e‑Stamp Portals

Here are your go-to places:

Sub-Registrar Office

If you prefer offline registration. You’ll need to schedule an appointment and carry physical documents.

e-Stamp Duty Payment Portals:

 

Final Tips & Checklist

Before you register your rent agreement, here’s your smart checklist:

  1. ✔ Confirm Aadhaar and PAN details of all parties
  2. ✔ Keep witness Aadhaar and PAN ready
  3. ✔ Decide rent, deposit, and duration clearly
  4. ✔ Use digital stamp duty payment
  5. ✔ Choose a trusted ASP or go to the sub-registrar
  6. ✔ Complete biometric verification
  7. ✔ Submit police verification form if applicable

Also Read: What is Future of Digital Rent Agreements in India

Also Read: Can NRIs Register Rent Agreements Remotely?

Also Read: How to Use Rent Agreements as Address Proof

  • 1 Comment
  • July 19, 2025

Comments

  1. Raman Khanna
    July 20, 2025

    I didn’t realize the importance of registering rent agreements over 11 months—this clears up a lot. It’s good to know digital stamping will be mandatory soon, gives both landlords and tenants enough time to adapt to the change.

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