Leave & License Agreement in Maharashtra: The Complete Guide

1 Jun 20266 min read

Why 'Leave & License', not 'rent'?

In Maharashtra, residential lettings are documented as a Leave & License Agreement under the Maharashtra Rent Control Act, 1999 — not as a tenancy/rent agreement. A licence grants permission to use the premises without creating a tenancy interest, which keeps the arrangement clearly time-bound.

This is a meaningful legal distinction: using the wrong document type or terminology is one of the common reasons agreements get questioned in Mumbai and Pune.

Registration is mandatory

Unlike many states where short agreements can skip registration, Maharashtra requires Leave & License agreements to be registered, under Section 55 of the Maharashtra Rent Control Act, 1999. Registration should be completed within two months.

Registration can be done online through the Maharashtra government's e-registration system, including biometric verification.

Stamp duty in Maharashtra

Stamp duty is calculated as 0.25% of the total rent plus deposit for the licence period, subject to a minimum. A refundable deposit is treated differently from non-refundable amounts, so the calculation depends on your exact figures.

What to include

  • Licensor (owner) and licensee (occupant) details with PAN/Aadhaar
  • Property description and address
  • Licence fee (rent), deposit, and the licence period
  • Lock-in period, if any, and notice period
  • Maintenance, society charges, and utility responsibilities
  • Two witnesses

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