Renting a home: agreement, deposit, eviction and your rights

Most landlord-tenant fights come down to one thing: nothing was written down. This guide tells you what to write, what the law gives you even if the paper is silent, and what to do when things go wrong.

Which law applies to you

The Transfer of Property Act, 1882 sets the default rules between landlord ("lessor") and tenant ("lessee") when the agreement is silent. The Registration Act, 1908 and your state's Stamp Act decide how the agreement is made. On top sits your state's rent law: an older rent control Act in most states, or a newer law based on the Centre's Model Tenancy Act, 2021 in a few.

The Model Tenancy Act is only a template; it applies in a state only if that state adopted it, and as of 2026 most states still use their older Acts. The practical difference is where you complain: a Rent Controller or civil court under the older laws, a Rent Authority and Rent Court under the newer ones.

Why most agreements are for 11 months

A lease for more than one year must be registered at the Sub-Registrar's office Sec 17(1)(d), Registration Act, which means stamp duty, a registration fee and both parties attending with ID and witnesses. An 11-month agreement avoids this, so it is the norm.

Two things people get wrong. First, an 11-month agreement still needs stamp paper of the value your state prescribes (usually an e-stamp now). Second, an agreement that should have been registered but was not cannot be used in court to prove its terms Sec 49, Registration Act. If you are signing for two or three years, register it; notarisation is not a substitute.

Put these in writing

• Full names, addresses and ID numbers of both sides, and the exact address of the premises.
• Monthly rent, due date, mode of payment, and the yearly increase as a fixed percentage.
• Security deposit amount, that it is refundable, and within how many days of vacating it must be returned. The Model Tenancy Act caps it at two months' rent for homes; in cities like Bengaluru ten months is still common, so negotiate.
• Notice period for both sides (one month is usual) and any lock-in period.
• Who pays electricity, water, gas, society maintenance and property tax; who does small repairs (usually the tenant) and structural repairs (the landlord).
• A list of fittings handed over (fans, geyser, cupboards) and their condition, with photos.
• When the landlord may enter and with how much notice.

Rights you have even if the agreement is silent

• Notice before ending. If no notice period is written, a residential tenancy is treated as month to month and either side can end it with 15 days' written notice Sec 106, Transfer of Property Act.
• Repairs. If the landlord fails to carry out repairs they are bound to do within a reasonable time after you give written notice, you may do them yourself and deduct the cost from the rent Sec 108, Transfer of Property Act. Keep bills.
• Essential supplies. State rent laws and the Model Tenancy Act treat cutting water, electricity or sanitation to force a tenant out as unlawful. The Rent Authority or court can order the supply restored and award compensation.

Eviction: what a landlord can and cannot do

Whatever the reason (notice period over, unpaid rent, the family needs the house), the process is the same: written notice first, and if you still do not leave, an eviction order from the Rent Controller, Rent Court or civil court under the state law. Only then can the court's officer, with police help if needed, remove you.

What a landlord can never lawfully do is "self-help" eviction: changing the lock, dumping your belongings outside, sending men to threaten you, or cutting the power. These can amount to criminal trespass Sec 329 BNS, mischief Sec 324 BNS or criminal intimidation Sec 351 BNS. Call the police, and ask the civil court for an urgent injunction to be let back in.

The flip side: if you overstay after a valid notice ends, you owe damages for use and occupation (double the rent for two months, then four times, under the Model Tenancy Act). Do not treat the deposit as "my last two months' rent" unless the landlord agrees in writing.

Getting your deposit back

The sequence that works:

1. Give vacating notice in writing and ask for a joint inspection on the last day. Hand over keys against a signed note recording meter readings and condition.
2. If the deposit does not come within the agreed days, send a written demand quoting the agreement clause, with your move-in and move-out photos.
3. Send a legal notice through an advocate giving 15 days to pay.
4. Still nothing? File a recovery suit in the civil court for the deposit with interest, or an application before the Rent Authority if your state has one. The District Legal Services Authority can arrange free mediation or a Lok Adalat sitting.

Landlords may deduct for real damage beyond normal wear and tear and for unpaid bills or rent, not for a wall that simply aged.

Police verification

In most cities the police commissioner has issued standing orders (usually under Sec 163 BNSS, earlier Sec 144 CrPC) requiring landlords to submit tenant details to the local police station or online. The duty is on the landlord. It is free and protects you too, as proof that you lawfully live there. Carry a copy of your ID, a photo and the agreement.