Rent Agreement Format in Mumbai (2026): Leave & License, Stamp Duty & Registration

Rent agreements in Mumbai: it's a Leave & License

In Mumbai — as across Maharashtra — a residential letting is not documented as a 'rent agreement' at all, but as a Leave & License Agreement. This is not just a labelling quirk: the Maharashtra Rent Control Act, 1999 draws a deliberate line between a 'tenancy' (which can attract rent-control protections) and a 'licence' to occupy, and the standard market letting is written as the latter. Getting the terminology and structure right is the first step to a document that actually holds up.

Mumbai is India's largest and most expensive rental market, and Maharashtra's urban rental share is about 27% of households (Census 2011). Greater Mumbai alone had a population of roughly 1.24 crore in Census 2011. In a market this size and this contested, a clear, correctly stamped and registered Leave & License is what protects both the licensor (owner) and the licensee (occupant) if a dispute arises.

Clauses every Mumbai leave & license agreement should contain

• Names, addresses and ID details (PAN/Aadhaar) of the licensor (owner) and licensee
• Full description and address of the premises, including flat number, building/society and area
• Monthly compensation (rent/licence fee), the due date, and the mode of payment
• Security deposit amount and the exact conditions for its refund
• Licence period (start and end dates), the term (commonly 11 months), and renewal/escalation terms
• Maintenance and society charges — who pays what
• Rules on subletting, alterations, and permitted use of the premises
• Notice period for vacating, lock-in period (if any), and grounds for termination
• Signatures of both parties and two witnesses

Registration is compulsory in Mumbai — the 11-month trick does not apply

This is the single most important difference for Mumbai, and where most online 'rent agreement format' advice is wrong. Elsewhere in India an 11-month term is used to stay below the 12-month threshold in Section 17 of the Registration Act, 1908 and so avoid compulsory registration. In Maharashtra that shortcut does not work: Section 55(1) of the Maharashtra Rent Control Act, 1999 requires every Leave & License agreement to be in writing and registered, regardless of its duration.

The responsibility to register sits squarely on the landlord. Under Section 55(2), if there is no registered agreement, the tenant's version of the terms prevails unless the landlord proves otherwise — and under Section 55(3), a landlord who fails to register can, on conviction, face imprisonment of up to three months or a fine of up to ₹5,000, or both. So in Mumbai, registering is not an optional 'extra protection' as it is in Bengaluru or Delhi; it is the law.

Stamp duty and e-stamping in Maharashtra

Stamp duty on a Leave & License in Maharashtra is charged under the Maharashtra Stamp Act, 1958 at 0.25% of the total 'consideration' for the licence period. That consideration is built from the total rent for the whole term, plus any non-refundable deposit, plus a notional interest of 10% per year on any refundable (interest-free) security deposit.

Worked example: for a 24-month licence at ₹25,000 a month with a ₹5,00,000 refundable deposit, the stamp duty works out to about ₹1,750 — 0.25% of ₹6,00,000 of rent plus ₹1,00,000 of notional deposit interest over the two years. Treat this as a budgeting guide, not an exact quote: your figure depends on rent, deposit and term, and rates can change, so confirm on the official portal. (Our guide to rent-agreement stamp duty by state sets out the wider picture.)

How registration works: IGR Maharashtra e-filing

Maharashtra runs a fully online e-registration system for Leave & License through the Department of Registration & Stamps (IGR Maharashtra), at efilingigr.maharashtra.gov.in. You can prepare the agreement, pay stamp duty and the registration fee, complete Aadhaar-based biometric (thumb-impression) verification, and get it registered without visiting a Sub-Registrar's office — many authorised service providers offer doorstep biometric capture.

The registration fee is a flat charge: ₹1,000 where the property is in a municipal corporation area (which includes all of Mumbai), and ₹500 in rural areas. Because the whole flow is online and biometric, both licensor and licensee (and their witnesses) need Aadhaar and a mobile number linked to it.

Security deposits in Mumbai

Mumbai deposits are typically two to three months' rent, though in premium buildings owners sometimes ask for more. There is no rent-control cap that applies to a market-rate licence, so the deposit is a matter of negotiation. The Model Tenancy Act, 2021 recommends a maximum residential deposit of two months' rent (six months' for non-residential), but Maharashtra has not adopted that Act, so it is a benchmark to negotiate against rather than a binding limit here.

Whatever figure you agree, write the exact deposit amount and its refund conditions — permitted deductions, the refund timeline, and the state of the premises on hand-back — clearly into the agreement. Because a registered Leave & License is what governs the terms in Maharashtra, that single clause prevents most end-of-tenancy disputes.

Sources

Maharashtra Rent Control Act, 1999 — Section 55(1) (Leave & License must be in writing and registered, regardless of duration), Section 55(2) (registration is the landlord's responsibility; absent a registered agreement the tenant's terms prevail unless proved otherwise) and Section 55(3) (penalty of up to three months' imprisonment or a fine up to ₹5,000, or both). Official text: India Code (indiacode.nic.in).

Registration Act, 1908 — Section 17 (the general 12-month threshold for compulsory registration that Maharashtra overrides via Section 55). Official text: India Code (indiacode.nic.in).

Maharashtra Stamp Act, 1958 — stamp duty on a Leave & License at 0.25% of consideration (total rent for the term, plus non-refundable deposit, plus 10% per year notional interest on any refundable deposit). The exact duty payable should be confirmed on the official portal.

Registration in Maharashtra via IGR — Department of Registration & Stamps, e-Registration of Leave and Licence (efilingigr.maharashtra.gov.in / igrmaharashtra.gov.in). Registration fee: ₹1,000 in municipal corporation areas, ₹500 in rural areas.

Maharashtra's urban rental share (about 27%) and Greater Mumbai population (about 1.24 crore) — Census of India 2011, Houselisting & Housing data (Office of the Registrar General; state-wise urban rental share on data.gov.in).

Security-deposit benchmark — Model Tenancy Act, 2021 (Ministry of Housing & Urban Affairs, mohua.gov.in), which recommends a two-month residential deposit cap; Maharashtra has not adopted the Act. Typical Mumbai deposit practice reflects widely reported market convention, not a statutory cap.

Create your Mumbai leave & license agreement

Score99 generates a Maharashtra Leave & License agreement with the correct clauses, the right term, stamp-duty guidance and witness fields built in — for ₹199. Print and execute it on stamp paper of the correct value, sign before two witnesses, and register it through IGR Maharashtra's e-registration, as Section 55 requires for every Mumbai letting regardless of term.