Deposits & Money
Can a landlord ask for more than 2 months' deposit?
This is currently disputed. The central Model Tenancy Act sets a 2-month cap, and some 2026 reports describe Maharashtra as having aligned with it — but other recent sources say Maharashtra hasn't formally adopted the Act and still runs on the older Rent Control Act, where 2–3 months is common practice rather than a strict legal ceiling. Confirm the current position with a lawyer before relying on either version. Full chapter on deposits and PDCs →
How long does a landlord have to refund the deposit?
Within one month of the tenant vacating, minus only genuine damage or unpaid bills. Deductions for normal wear and tear are not permitted.
What are PDCs and why do landlords ask for them?
Post-dated cheques give landlords enforceable protection. A cheque bounce is a criminal offence under Section 138 of the Negotiable Instruments Act — real legal leverage without going to civil court.
How often can rent be increased?
Typically once every 12 months, with proper written notice given well in advance. Full chapter on setting rent →
Agreement & Registration
Is a Leave & Licence agreement the same as a rent agreement?
No. A Leave & Licence grants a temporary licence to occupy the property, not a tenancy with permanent rights. It automatically terminates at the end of the licence period, typically 11 months. Full chapter on agreements & registration →
Do I have to register an 11-month agreement?
Yes — every Leave & Licence agreement must be registered under Section 55 of the Maharashtra Rent Control Act, regardless of duration.
What happens if I don't register it?
Up to 3 months' imprisonment or a fine up to ₹5,000 under Section 55(3). Worse, an unregistered agreement can't be used as primary evidence in court, and the tenant's version of the terms is legally presumed correct unless you can prove otherwise.
How is stamp duty calculated?
0.25% × (monthly rent × number of months + 10% of deposit). For ₹30,000/month, 11 months, ₹60,000 deposit — roughly ₹1,072.
Is a society NOC required to rent out a flat?
No. An NOC is not legally mandatory under Maharashtra bye-laws. You're required to inform the society in writing, not get its permission.
Tenant Verification
Is police verification mandatory?
Yes, compulsory under Section 144 of the Maharashtra Police Act, 1951. Complete it within 15 days of move-in via the Mumbai Police Tenant Information Portal — it's free. Full chapter on the process →
Is a police NOC needed to rent out a flat?
No — Mumbai Police has officially confirmed no NOC is required. Only tenant verification through the portal is needed.
During the Tenancy
How much notice before visiting a rented flat?
At least 24 hours' written notice. Unannounced visits are prohibited under 2025 rental guidelines. Full chapter on managing the relationship →
Can a society charge whatever it wants for non-occupancy?
No — capped at 10% of Service Charges by a Supreme Court ruling. Anything higher is illegal.
Eviction
Can I change the locks if a tenant won't leave?
No — this is illegal self-help eviction, exposing you to criminal liability under Section 448 IPC and Section 29 of the Maharashtra Rent Control Act. Full chapter on the correct eviction process →
How do I legally evict a tenant who won't leave?
File under Section 24 of the Maharashtra Rent Control Act — a faster summary hearing process compared to a regular civil suit, typically handled by the Court of Small Causes in Mumbai.
Tax
Is rental income taxable?
Yes, under "Income from House Property." You get a standard 30% deduction for repairs and maintenance, plus deductions for property tax and home loan interest. Full chapter on tax & TDS →
What are the TDS rules from FY 2025-26?
Individual/HUF tenants paying over ₹50,000/month deduct 2% TDS (Section 194IB). Company tenants above ₹6 lakh/year deduct 10% (Section 194I). Without your PAN, tenants must deduct 20%.