Renting Laws in India: Key Rules for Tenants and Landlords

Moving into a new flat can feel exciting, but the legal side often gets ignored until a problem pops up. In India, renting is governed by a mix of state acts, the Indian Contract Act, and a few court rulings. Knowing the basics can save you from headaches, whether you’re a tenant or a landlord.

What Every Tenant Should Know

First up, your rental agreement is the contract that binds both parties. It must be in writing, signed, and clearly state the rent amount, due date, security deposit, and length of tenancy. The security deposit can’t exceed two months’ rent for unfurnished places and three months for furnished ones. If the landlord asks for more, you can challenge it in a consumer court.

Maintenance is another hot topic. By law, the landlord is responsible for structural repairs, water supply, and anything that makes the property unsafe. Minor wear‑and‑tear, like painting or fixing a broken fan, usually falls on the tenant—unless the lease says otherwise. If the landlord fails to fix serious issues, you can issue a written notice and, if ignored, approach the rent control board or a civil court.

Notice periods matter too. If you want to leave before the lease ends, give at least one month’s notice in writing. Some states require a 30‑day notice even if the agreement says otherwise. Keep a copy of your notice and any receipts; they’ll be useful if the landlord tries to keep your deposit.

Landlord Responsibilities and Common Pitfalls

Landlords, your biggest duty is to provide a habitable space. That means a working toilet, electricity, and a roof that doesn’t leak. If you promise amenities like a lift or Wi‑Fi, you must deliver them. Failure to do so can lead to rent reduction claims or even termination of the lease.

When it comes to the security deposit, return it within a month of the tenant moving out, after deducting any legitimate damages. Provide an itemized list of deductions—otherwise the tenant can claim the full amount back in court. Many disputes arise because landlords keep the deposit without proper justification.

Don’t forget to register the agreement if it’s for more than 12 months. Some states require registration for leases over a year, and not doing so can make the contract harder to enforce. Also, check local rent control rules; in places like Delhi and Maharashtra, there are caps on how much you can raise the rent each year.

Both parties benefit from a clear exit clause. It should spell out how the deposit is handled, what happens if the rent isn’t paid, and any early termination fees. A well‑drafted clause prevents the “we never agreed on that” argument later on.

In short, a solid rental agreement, timely maintenance, and clear communication are the three pillars of a smooth tenancy. Keep copies of all paperwork, use registered post for important notices, and stay aware of the specific state laws that apply to your city. With these basics covered, you’ll be ready to enjoy your home without legal drama.