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How to Get a Rent Agreement for Your Business

8 min readEasyUpdated April 2026

At a glance

Cost

Rs 500 - Rs 5,000

Timeline

1-3 days

Difficulty

Easy

If you are renting a shop, office, kitchen, or warehouse for your business, a proper rent agreement is not just a good idea but a practical necessity. Almost every registration you apply for ( GST, Trade License, FSSAI, Bank Account) asks for address proof of your business premises, and a rent agreement is the most common document accepted.

Registered vs Unregistered Agreement

This is the most important distinction you need to understand:

Unregistered

Faster & cheaper
  • Limited legal validity (not admissible as primary evidence)
  • Sometimes accepted for GST (with NOC from landlord)
  • 11-month duration (avoids mandatory registration)
  • Just stamp duty: Rs 100 to Rs 500

Registered

Recommended for business
  • Full legal validity in court
  • Always accepted for GST registration
  • Any duration (not limited to 11 months)
  • Stamp duty + registration: Rs 1,000 to Rs 5,000+

The 11-Month Convention

Most landlords prefer 11-month agreements because the Registration Act (in most states) makes registration mandatory only for leases exceeding 12 months. An 11-month agreement saves registration costs and is renewed periodically. However, for business premises, a registered agreement gives you stronger legal standing and is preferred by government portals and banks.

Leave and License vs Lease Deed

Key takeaway

For most small businesses, a leave and license agreement for 11 months (renewable) is the standard and most practical choice.

Leave and License

Best for most businesses

The most common format. You get permission to use the property without gaining tenancy rights. Easier to terminate. Ideal for offices, small shops, and co-working setups.

Lease Deed

Long-term / large spaces

Used for longer tenures (3 to 10 years). Stronger occupancy rights. More common for large commercial spaces, factories, and warehouses. Requires mandatory registration.

What clauses should a business rent agreement include?

Whether you draft the agreement yourself or use a lawyer, make sure these clauses are covered:

Rent amount and due date

Along with the annual escalation percentage (typically 5% to 10% per year)

Security deposit

Amount, terms for return, and deductions policy

Lock-in period

Usually 3 to 6 months during which neither party can terminate

Permitted use

Office, retail, food preparation, storage, etc.

Maintenance and repairs

Who pays for structural vs day-to-day repairs

Subletting clause

Whether you can sublet part of the premises

Renewal terms

Notice period for termination (usually 1 to 3 months)

NOC for registrations

Explicitly state the landlord will provide NOC for GST, trade license, FSSAI, or any other business registrations

Get the NOC Clause in Writing

Many new business owners sign a rent agreement and then discover the landlord refuses to give a NOC for GST or trade license registration. Always include a clause that the landlord consents to the premises being used for business and will provide necessary NOCs.

What documents do you need for a rent agreement?

Rent Agreement Checklist

  • Aadhaar of both landlord and tenant
  • PAN of both parties (for registered agreements)
  • Property ownership proof (sale deed, property tax receipt, or previous agreement)
  • Passport-size photographs of both parties
  • Two witnesses with their Aadhaar and photographs
  • Stamp paper of the appropriate value for your state
  • Draft of the agreement (you can use online templates or get one from a lawyer)

How to Get Your Agreement Done

  1. 1

    Draft the agreement

    Use online templates, a platform like LegalZoom India / Vakil Search, or a local lawyer (Rs 500–2,000). Include all key clauses listed above.

  2. 2

    Buy stamp paper or use e-stamping

    Print on stamp paper of the correct state value. Most states support e-stamping via SHCIL. Duty: 0.25%–5% of annual rent (min Rs 100–500).

  3. 3

    Sign in front of witnesses

    Both parties sign every page with two witnesses present. Keep at least two original copies.

  4. 4

    Register (recommended for business premises)

    Visit the Sub-Registrar with both parties, witnesses, and ID proofs. Fee: Rs 1,000–5,000. States like Maharashtra offer online registration.

Stamp Duty by State (Indicative)

Stamp duty rates change with state notifications. These are approximate rates for leave and license agreements:

Maharashtra

0.25% of total rent, min Rs 100

Delhi

2% of average annual rent

Karnataka

1% of annual rent

Tamil Nadu

1% of annual rent

Uttar Pradesh

2% of annual rent

Always confirm the current rate on your state's revenue or registration department website.

Official Resources

  • SHCIL e-Stamping Portal (buy e-stamp papers online)
  • IGR Maharashtra (online registration for Maharashtra)
  • Your state's Sub-Registrar or Inspector General of Registration website for local stamp duty rates and registration process

Frequently Asked Questions

Yes. A rent agreement (even unregistered) is accepted as address proof for GST registration. However, you may also need a No Objection Certificate (NOC) from the landlord and a copy of the landlord's property ownership proof or electricity bill.
If the landlord is unwilling to register, you can still execute an 11-month unregistered agreement. For most small business registrations, this works. But for stronger legal protection and longer tenures, insist on registration or consider a different premises.
This depends on local municipal rules and your housing society's bylaws. Many home-based businesses operate from residential addresses, but some activities (food preparation, manufacturing) may not be allowed. Check with your local municipal corporation before signing an agreement.
By convention, the tenant usually pays the stamp duty and registration fee, but this is negotiable. Whatever you agree on, put it in writing in the agreement itself.

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