How to Register a Rental Agreement

In India every tenancy should be registered under law.

5/29/2023 2 min read

empty hallway between concrete buildings during daytime

empty hallway between concrete buildings during daytime

To register a rental agreement in ​ Tamil Nadu , follow these steps:

  1. Prepare the agreement: Create a comprehensive rental agreement that includes all the relevant details such as the names of the ​ landlord and ​ tenant , ​ property address , ​ monthly rent , ​ security deposit , ​ duration of the rental , ​ terms and conditions , etc. It is advisable to consult a ​ lawyer or utilize a ​ standard rental agreement template to ensure all necessary clauses are included.
  2. Stamp duty payment: Determine the ​ stamp duty applicable to your rental agreement based on the monthly rental value and duration of the lease. Stamp duty rates can be found in the Tamil Nadu Stamp Act, 1889. Ensure that the stamp duty is paid on time and obtain the necessary ​ stamp papers .
  3. Visit the ​ Sub-Registrar Office : Both the landlord and tenant, along with two ​ witnesses , should visit the Sub-Registrar Office having jurisdiction over the property. Carry the original rental agreement, copies, and the required stamp papers.
  4. Document verification: Present the rental agreement and supporting documents to the Sub-Registrar for verification. The Registrar will examine the documents and ensure compliance with legal requirements.
  5. Pay registration fees: Pay the registration fees, which are typically a percentage of the rent or the annual rental value. The exact fees can vary based on factors like the location and rental amount. Obtain the receipt for the payment.
  6. Execution and registration: Both the landlord and tenant, along with the witnesses, must sign the rental agreement in the presence of the Sub-Registrar. The Sub-Registrar will then register the agreement, affix the necessary stamps, and attest the document.
  7. Obtain the registered agreement: Once the registration process is complete, collect the registered rental agreement from the Sub-Registrar's office. Keep the original copy for your records and provide copies to both parties.

It is important to note that the registration of a rental agreement is not mandatory in Tamil Nadu unless specified by the local authority or for lease agreements exceeding 11 months. However, registering the agreement provides legal protection and serves as a proof of the terms and conditions agreed upon by both parties. It is recommended to consult with a legal professional to ensure compliance with the applicable laws and regulations.

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