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⚠️ Risky Document
Rental Agreement — Tamil Nadu
This agreement has 2 clauses that violate Tamil Nadu tenancy laws and 1 clause that needs negotiation before you sign. The security deposit exceeds the legal limit and the lock-in penalty is disproportionate.
2
Red Flags
1
Negotiate
1
OK Clauses
Applicable Laws
Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017Indian Contract Act 1872, Section 74Transfer of Property Act 1882Registration Act 1908, Section 17
Clause-by-Clause Breakdown
Security Deposit
Illegal▼
“The Tenant shall deposit a sum equivalent to Eleven (11) months of rent as refundable security deposit at the time of execution of this agreement. The said deposit shall be refunded within 60 days of vacating the premises after deducting any damages.”
You're being asked to pay 11 months rent upfront as security deposit. Under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017, the maximum security deposit a landlord can collect is 3 months rent for residential premises. Demanding 11 months is clearly illegal and gives the landlord disproportionate control over your money.
💡Ask the landlord to reduce the security deposit to a maximum of 3 months rent. If they refuse, you can file a complaint with the Rent Authority under the TN Tenancy Act. Do not sign with this clause — it's unenforceable.
Lock-in Period Penalty
Unfair▼
“In the event the Tenant vacates the premises before the completion of the 12-month lock-in period, the entire security deposit shall stand forfeited. No refund shall be payable under any circumstances including force majeure events.”
If you leave before 12 months, you lose your entire deposit — no matter what. Under Section 74 of the Indian Contract Act 1872, penalty clauses must be proportional to actual loss. Full forfeiture of deposit (especially 11 months rent) as penalty is disproportionate and can be challenged in court. The 'no refund even for force majeure' part is particularly problematic.
💡Negotiate for a pro-rata penalty — e.g., if you leave after 6 months, you forfeit only 50% of one month's rent. Remove the force majeure exclusion entirely. Any penalty should reflect the landlord's actual loss, not be punitive.
Maintenance Responsibility
Negotiate▼
“The Tenant shall be responsible for all repairs and maintenance of the premises including plumbing, electrical, and structural repairs. All costs shall be borne solely by the Tenant.”
This clause makes you responsible for ALL repairs including structural ones. Generally, minor repairs (tap washers, fuse replacements, etc.) are the tenant's responsibility, but structural repairs (roof leaks, wall cracks, plumbing lines) are the landlord's responsibility under the Transfer of Property Act 1882. Making tenants pay for structural repairs is unreasonable.
💡Ask to split responsibilities clearly: minor repairs up to ₹2,000 per incident are your responsibility, everything else (structural, major plumbing, electrical wiring) is the landlord's. Get this in writing in the agreement.
Rent Escalation
Standard▼
“The monthly rent shall be increased by 5% annually from the date of commencement of this agreement. Both parties agree to the revised rent without requirement of a fresh agreement.”
A 5% annual rent increase is reasonable and standard in Chennai rental agreements. The Model Tenancy Act 2021 recommends that rent increases be mutually agreed upon, and 5% is well within the accepted range. This clause is fair to both parties.
💡This clause is standard and fair. No changes needed. Just make sure the 5% is applied to the base rent, not any compounded amount from previous years.
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