Landlord vs Tenant: Key Clauses Every Agreement Should Have
A rental agreement is only as good as its clauses. A vague or incomplete agreement is worse than no agreement at all — it creates ambiguity that both parties will interpret in their own favour when a dispute arises. Here are the 10 clauses every rental agreement must include.
Parties and Property Description
Full legal names, addresses, and ID details of both landlord and tenant. Complete address of the property including floor, building name, survey number, and pin code. Vague descriptions like 'flat in XYZ building' are insufficient.
Lease Term and Renewal
Exact start and end dates. What happens at expiry — does it auto-renew, convert to month-to-month, or terminate? Specify the notice period required for non-renewal (typically 30–60 days).
Rent Amount and Payment Terms
Monthly rent amount in words and figures. Due date (e.g., 1st of every month). Accepted payment methods. Late payment penalty if any. Annual rent escalation clause (e.g., 5–10% per year).
Security Deposit
Exact deposit amount. Conditions for deduction (damage beyond normal wear and tear, unpaid rent). Timeline for refund after vacating (typically 30–45 days). This clause prevents the most common disputes.
Maintenance and Repairs
Who is responsible for what. Standard split: tenant handles minor repairs (bulbs, faucets), landlord handles structural and major repairs (plumbing, electrical, roof). Specify who pays for society maintenance charges.
Permitted Use
Residential use only, or commercial use permitted? Subletting allowed or prohibited? Pets allowed? Number of occupants. These restrictions protect the landlord's property and the building's rules.
Utilities and Services
Who pays for electricity, water, gas, internet, and cable? Are any utilities included in the rent? What happens if utilities are disconnected due to non-payment?
Lock-in Period
Minimum period before either party can terminate the agreement. If the tenant vacates before the lock-in period, they typically forfeit the deposit. If the landlord asks the tenant to vacate, they may owe compensation.
Termination and Notice Period
How much notice either party must give before vacating or asking the tenant to leave. Standard is 30–60 days. Specify what constitutes valid notice (written, WhatsApp, email).
Dispute Resolution
Which court has jurisdiction. In Tamil Nadu, disputes under the TN Tenancy Act go to the Rent Court. For other disputes, specify the city. This clause determines where a case can be filed.
Practical tip: Our rental agreement generator includes all 10 of these clauses, pre-populated with your specific details. You don't need to remember any of this — the form guides you through each one.
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