Residential Tenancy Agreement Template (Tamil Nadu)

Governed by: The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act 42 of 2017), as amended in 2018 and 2022, and its associated Rules ("the Act").

Disclaimer: This is a starting draft, not legal advice. Fill in every bracketed section, have both parties read it fully, and get it checked by a local advocate before signing, particularly before registering it with the Rent Authority.

Notes for Tenants: Read This Before You Sign Anything

• The 3-month deposit cap is a default, not an absolute ceiling. Section 11 makes a deposit above 3 months' rent unlawful only if your agreement is silent on the point. The Act lets landlord and tenant agree in writing to a higher figure. In practice, this means nobody can silently charge you more than 3 months and call it legal, but if you sign a clause agreeing to more, that clause itself is enforceable. Don't agree to more than 3 months. If a landlord insists, treat it as your cue to negotiate or walk away.
• The statutory deposit refund deadline is one month after you vacate (Section 24(2)); interest of 8% per annum applies if the Landlord misses it (Rule 7(2), Section 24(1)). The same 8% rate applies to rent arrears you owe the landlord, so it cuts both ways. This draft contractually shortens that target to 7 days with a daily late fee on top, but the 1-month/8% figure is your statutory floor even if the tighter contractual clause is ever disputed.
• If you overstay after the tenancy is validly terminated, the landlord is entitled to double the monthly rent for the overstay period under Section 23. Vacate on the agreed date, or negotiate an extension in writing. Don't just stay on without one.
• A written, registered agreement is what gives you most of these protections in the first place. If there is no written agreement, Section 29's default is a bare 1-month notice period for the tenant to vacate, and you lose the benefit of most of this Act's specific safeguards. An unregistered or oral tenancy is worse for a tenant than a well-drafted registered one.
• If a landlord refuses to sign anything close to this draft, treat "will you sign a written, registered agreement at all" as a red flag question before you commit to a property.

1. Parties

This Agreement is made on [date] at [city], Tamil Nadu, between:

Landlord: [Full name], residing at [address], hereinafter "the Landlord".

Tenant: [Full name], residing at [address], hereinafter "the Tenant".

2. Premises

The Landlord lets to the Tenant the premises at [full address, including floor/unit], comprising [description, e.g. 2BHK, area, parking], together with the fixtures and fittings listed in Schedule A, for residential use only.

3. Term

• The tenancy begins on [start date] and runs for [duration, e.g. 11 months], ending on [end date].
• Renewal, if both parties agree, must be recorded in a fresh written agreement or a signed addendum before the current term expires.
• Notice to end or not renew:
  • Tenant not renewing: 30 days' written notice before term-end is sufficient.
  • Landlord not renewing: 90 days' written notice before term-end.
  • If the Landlord misses this 90-day notice, the tenancy continues automatically on the same terms, month-to-month, until proper notice is given.

4. Rent

• Monthly rent: ₹[amount], payable in advance on or before the [day] of each month, by bank transfer to [account details].
• The Landlord must issue a signed receipt for every payment. A bank transfer acknowledgment stands as proof of payment for electronic transfers.
• Rent revision: any increase follows the schedule agreed here (e.g. no increase during fixed term; capped at X% per annum thereafter). The Landlord must give the Tenant at least 3 months' written notice before a revised rent takes effect.
• Rent arrears (if any) attract interest at 8% per annum, matching the rate the Landlord owes on a delayed deposit refund.
• No other charges (parking, amenity, maintenance) may be levied unless listed in Schedule B with an amount.

5. Security Deposit

• Deposit: ₹[amount], capped at a maximum of 3 months' rent (Section 11). Do not agree to more.
• The deposit earns no interest while held. If the Landlord delays the refund beyond the statutory deadline, 8% per annum interest accrues on the outstanding amount (Section 24(1), Rule 7(2)).
• Refund: the statutory deadline is one month after the Tenant vacates (Section 24(2)). This Agreement tightens that contractually: the Landlord shall refund the deposit, less only documented deductions, within 7 days of physical key handover. If delayed beyond 7 days, a daily charge of ₹[e.g. 500] per day accrues in addition to statutory interest.
• Deductions may only be made for unpaid rent, unpaid utility dues, or physical damage beyond normal wear and tear, itemized in writing with supporting receipts. Repainting, routine cleaning, or fittings reaching end-of-life through ordinary use may not be deducted.

6. Maintenance and Repairs (Section 15)

• Landlord's responsibility: Structural repairs (roof, walls, foundation, external plumbing, main electrical lines), whitewashing/painting at reasonable intervals, and repair of landlord-provided appliances failing through normal use.
• Tenant's responsibility: Day-to-day minor repairs (taps, switches, latches, fuses) and keeping the premises clean.
• Essential services: If water or electricity supply is cut off or withheld, the Tenant may approach the Rent Authority directly for interim restoration orders and penalties.
• Entry by Landlord or Property Manager is permitted only between 7 a.m. and 8 p.m., after giving at least 24 hours' written notice, except in a genuine emergency.

7. Subletting and Alterations

• The Tenant may not sublet or permit structural alterations without the Landlord's prior written consent.
• Minor non-structural additions (shelving, curtain rods) that don't damage the premises are permitted.

8. Termination and Eviction

• Either party may terminate at the end of the term with the notice specified in Clause 3.
• During the term, the Landlord may seek repossession only on the grounds listed in Section 21(2) of the Act (rent arrears despite notice, unauthorized subletting, bona fide personal necessity, or substantial damage) through the Rent Court. Self-help eviction (cutting utilities, changing locks, removing belongings) is illegal.
• If the Landlord recovers possession on the "own use" ground and re-lets the premises to another tenant within 3 years, the Landlord shall pay the Tenant contractual compensation of [e.g. 2 months' rent], independent of any court penalty.

9. Registration and Dispute Resolution

• Both parties agree this Agreement will be registered with the Rent Authority within 90 days of execution. Government fees and registration portal charges shall be borne equally (50:50).
• Disputes arising from this Agreement shall be resolved before the Rent Authority, Rent Court, or Rent Tribunal constituted under the Act.

Schedule A: Fixtures and Fittings Inventory

Schedule B: Additional Charges (if any)