Rental Agreement in Kolkata | Format, Rules & Charges
If you think finding a flat in Kolkata is hard, try getting a proper Rental Agreement signed. In this city, "trust" is often the only legal document people use. I have met landlords in North Kolkata who get offended if you ask for a written agreement ("Are we strangers?"). I have also met brokers in Salt Lake who will hand you a 50-page document that basically says you have no rights.
I have navigated the chaotic courts of Sealdah and Alipore to understand how this actually works. A verbal promise ("Mukh-e Mukh-e") is useless when the ceiling fan falls on your head or when the landlord decides to increase the rent by 20% overnight. This guide is your reality check. It covers the West Bengal Premises Tenancy Act, the stamp duty rules for 2026, and the clauses that will save your security deposit.
1. The Two Types of Agreements: Notary vs. Registered
In Kolkata, 90% of agreements are just "Notarized". But is that legal?
The "Notarized" Agreement (11 Months)
This is what your broker will offer. It is printed on a ₹10 or ₹20 stamp paper (though legally it should be more), signed by you and the landlord, and stamped by a Notary Public.
The Good: It's cheap (₹300 - ₹500) and fast.
The Bad: It is not admissible in court as primary evidence for tenancy rights. It only proves that a document was signed. If the landlord locks you out, this piece of paper is weak.
The "Registered" Rent Agreement (12 Months+)
If you want real protection, you need to go to the Sub-Registrar's Office (SRO) and register it. This is mandatory if the lease is for 12 months or more.
The Cost: You have to pay Stamp Duty (usually 4-5% of the annual rent) and Registration Fees.
My Advice: If you are a student or staying for a short job stint, a Notarized agreement is okay (practical reality). But if you are a family moving in for 3-5 years, insist on Registration. See our Property Registration Guide to understand the SRO process.
2. Stamp Duty in West Bengal (The 2026 Update)
West Bengal does not use the "Franking" system much anymore. We use e-Stamping (GRIPS).
For a standard 11-month agreement, the law technically requires Stamp Duty based on the rent. However, the "Market Practice" in Kolkata is different from the "Law".
- Market Practice: People use a ₹50 or ₹100 Non-Judicial Stamp Paper.
- Legal Requirement: For leases < 1 year, the stamp duty is minimal. For > 1 year, it jumps significantly.
Warning: Don't buy stamp paper from the random guy sitting under a tree outside the court. Many are fake or expired. Buy it from a Licensed Stamp Vendor.
3. The "Police Verification" Mandate
This is where Kolkata differs from other cities. The Kolkata Police is strict.
The Rule: Every landlord MUST submit a "Tenant Information Sheet" to the local police station.
The Process:
1. Download the form from the Kolkata Police website (or buy it for ₹5 from a xerox shop).
2. Attach your passport-sized photo and ID proof (Aadhaar/Voter ID).
3. The landlord signs it.
4. Submit it physically to the local Thana (Police Station).
Reality Check: Some landlords are lazy. They will say, "No need." Do not agree. If there is a crime in the building or a raid, you will be the first suspect if you are unverified. Force the landlord to do this.
4. Critical Clauses: Don't Sign Blindly
I've seen agreements where the "Lock-in Period" was the entire duration of the lease. That means if you leave early, you pay the full year's rent. Insane, right?
A. The "Lock-in" vs "Notice" Period
Lock-in: The time you CANNOT leave. Usually 3-6 months.
Notice Period: The warning you give before leaving. Usually 1 month.
The Trap: Ensure the agreement says: "After the lock-in period, either party can terminate the lease by giving 1 month's notice." Without this line, you are trapped.
B. The "Painting & Cleaning" Charge
This is the biggest scam in Kolkata rental markets, especially in South Kolkata (Jadavpur, Tollygunge).
The Clause: "Tenant must restore the flat to original condition."
The Reality: The landlord will deduct ₹10,000 - ₹15,000 from your deposit for "Repainting" when you leave.
The Fix: Add a line: "Deductions only for structural damage. Normal wear and tear (including paint fading) is not deductible." Also, always verify the Electricity Bill status before moving in.
C. The "Guest" Policy
In many Kolkata neighborhoods ("Paras"), neighbors are nosey.
The Clause: "No overnight guests."
My Advice: If you are a bachelor, clarify this verbally AND in writing. "Guests allowed for up to 3 days" is a reasonable middle ground. If the landlord refuses, walk away. Read our Kolkata Living Guide for safe areas for bachelors.
5. Commercial Rent Agreements (Shop/Office)
If you are renting a shop in Burrabazar or an office in Sector V, the rules change.
1. GST is Mandatory: If the rent is above ₹20 Lakhs/year (aggregate turnover logic), GST @ 18% applies.
2. Trade License: You cannot get a KMC Trade License without a rental agreement. And the KMC (Kolkata Municipal Corporation) often demands a Registered agreement, not a Notarized one.
6. How to Get It Done (Step-by-Step)
You don't need a high-end lawyer. Here is the street-smart way.
Step 1: The Draft
Ask your broker for a draft. Read it. Use Google Translate if the English is "Lawyer English" (lots of "Hereinafters" and "Therefores"). Simplify it.
Step 2: The Stamp Paper
Go to Alipore Court (South), Sealdah Court (Central/North), or Bankshall Court. Find a "Muhurir" (Legal Clerk). Tell him: "11-month rent agreement, ₹100 stamp paper." He will type it out.
Step 3: The Notary
The Notary sits right there. Both you and the landlord sign in the register. He stamps it.
Cost: Total should be under ₹600 (Paper + Typing + Notary). If a broker asks for ₹2,000, he is looting you.
7. Dispute Resolution: What If Things Go Wrong?
If the landlord refuses to return the deposit (a classic Kolkata move):
1. The Threat: Tell him you will file a complaint with the "Rent Controller" under the West Bengal Premises Tenancy Act, 1997. Most landlords are terrified of the Rent Controller because they often don't declare rent income to the Tax Department.
2. The Police: Police in Kolkata generally don't get involved in "Civil Disputes" unless there is a threat of violence. Don't rely on them to get your money back.
8. Comparison with Other Cities
It's important to know how Kolkata compares to avoid culture shock.
- Vs Delhi: In Delhi, police verification is online and seamless. In Kolkata, it's often physical.
- Vs Bangalore: Bangalore demands 10 months' deposit. Kolkata is happy with 2-3 months.
- Vs Mumbai: Mumbai agreements are strictly registered (Leave & License). Kolkata is still lax with Notarized deeds.
9. Sample Format (The "Safe" Template)
Don't just copy-paste. Adapt this.
RENTAL AGREEMENT
This agreement is made on [Date] between [Landlord Name] (Lessor) and [Tenant Name] (Lessee).
1. Property: [Full Address with Flat No]
2. Rent: ₹[Amount] per month, payable by the 5th.
3. Deposit: ₹[Amount], refundable at the time of vacating.
4. Notice Period: 1 Month by either party.
5. Maintenance: Paid by [Landlord/Tenant].
6. AC/Geyser Clause: Major repairs (Compressor/Tank) by Landlord. Minor service (Gas filling/Cleaning) by Tenant.
7. Usage: Residential purpose only.
... [Signatures]
10. The "Broker" Angle: Who Are They?
In Kolkata, brokers are not always professional agents. They are often the local "Para" uncles or the guy who runs the cable TV shop.
The "Tea Money" Culture
If you are getting a Notarized agreement, the broker will ask for "typing charges". This is usually ₹500. But for Registered agreements, they might ask for ₹2,000 as "Speed Money" for the SRO staff.
My Take: You can refuse, but your file might get "lost" or delayed. I usually pay ₹500 to the clerk directly to ensure the biometric scan happens before lunch break.
The "Witness" Issue
For a registered agreement, you need two witnesses.
The Problem: If you are new to the city, who will sign for you?
The Solution: The broker usually arranges "professional witnesses" who hang around the court. They charge ₹100 each. It is technically grey but practically necessary.
11. Bachelor vs Family: The Discrimination is Real
I have to be honest. If you are a single man or woman, your agreement will look different.
The "Bachelor" Clauses
Landlords often add weird clauses for singles:
1. "Gate closed at 10:30 PM." (Yes, even if you are 30 years old).
2. "No parties or loud music."
3. "No opposite gender visitors."
Legal Stand: These clauses are not legally enforceable if they violate your fundamental rights, but they are standard in private contracts. If you sign it, you are bound by it. Negotiate before signing.
12. Renewal Process: Do You Pay Again?
Your 11-month agreement is ending. What now?
- The Myth: "Just extend it on a white paper."
- The Reality: You need a NEW agreement on a NEW stamp paper. The old stamp paper has expired.
- Brokerage: Do NOT pay brokerage again on renewal. This is a common scam. You only pay the cost of the paper (₹500). If the broker asks for 15 days' rent again, show him the door.
Conclusion: Paperwork is Your Only Shield
Kolkata is a city of relationships, but relationships sour when money is involved. A well-drafted rental agreement isn't just paperwork; it's your peace of mind. Whether you are a student in Jadavpur or an IT professional in New Town, spend that extra ₹500 to get the clauses right. It’s cheaper than losing your ₹50,000 security deposit.
Frequently Asked Questions (FAQs)
Can I claim HRA with a Notarized Agreement?
Yes. For HRA exemption, your employer needs a valid rent receipt and the agreement. A notarized agreement is generally accepted by most HR departments in India, provided you also have the landlord's PAN (if rent > ₹1 Lakh/year).
Who pays for the agreement?
By convention in Kolkata, the Tenant pays for the stamp paper and typing charges. However, legally, expenses can be shared. Don't fight over ₹500; just pay it to keep the peace.
Is 11-month agreement mandatory?
It's not "mandatory," but it's smart. It bypasses the strict Registration laws. If you make it for 12 months, you MUST register it at the SRO, which costs more money and time.
Can the landlord enter my flat anytime?
No. Under the concept of "Right to Privacy," the landlord must give 24 hours' notice before visiting. Add this clause: "Landlord inspection only with prior notice."
What if the landlord dies?
The agreement is still valid. The legal heirs inherit the property and the tenancy agreement. They cannot evict you immediately just because the owner passed away.
