Leave and License Agreement Maharashtra: Legal Guide for Tenants and Landlords

Have you ever rented a flat in Mumbai or leased your property in Thane, only to get caught in unexpected disputes over rights, rent hikes, or evictions? You’re not alone.

In Maharashtra, most landlords and tenants use the Leave and License Agreement to formalise rental arrangements. However, many people remain unaware of the legal rules especially those related to registration and the consequences of failing to comply.

This article simplifies the Rental agreement legal Maharashtra framework, explains tenant landlord rights, and gives you clear legal steps to protect your interest whether you’re a landlord or a tenant.

Understanding Leave and License Agreement Maharashtra

A Leave and License Agreement Maharashtra is a legal contract that allows a licensee (tenant) to occupy a property for a specific period without creating tenancy rights. Governed by the Indian Easements Act, 1882, this agreement is commonly used in cities like Mumbai, Pune, and Thane to regulate short-term residential or commercial occupancy.

Unlike a lease, it does not transfer interest in the property and is revocable as per the terms. To be legally enforceable, the agreement must be registered under the Maharashtra Rent Control Act, 1999, and includes details such as rent, duration, and maintenance responsibilities.

It offers flexibility to both parties while protecting the owner’s rights against unauthorised possession or long-term claims.

1. Is Registration Mandatory?

Yes. As per Section 55(1) of the Maharashtra Rent Control Act, registration is compulsory regardless of duration. Failure to comply could lead to:

• Imprisonment up to 3 months
• Fine up to ₹5,000

Skipping registration of your Leave and License Agreement in Maharashtra not only weakens your legal position but also violates compliance rules under Rental agreement legal Maharashtra.

2. Common Problems Faced by Tenants and Landlords

• Unregistered Agreements Leading to Disputes

Tenants may refuse to vacate and claim extended rights. Courts often favor tenants when landlords fail to register the agreement.

• Sudden Evictions or Rent Hikes

Without a registered document, tenants may face arbitrary eviction or unexpected rent increases, which violate their tenant landlord rights.

• No Valid Address Proof or Police Verification

An unregistered agreement isn’t accepted for official verification or utility connections.

Problems like these arise from not having a formal Leave and License Agreement in Maharashtra registered under law.

3. Step-by-Step: How to Register a Leave and License Agreement in Maharashtra

• Documents Required

1. Aadhaar and PAN of both parties
2. Property ownership proof (electricity bill or sale deed)
3. Passport-size photos
4. Two witnesses with ID proof

• Stamp Duty and Registration Charges

1. Stamp Duty: 0.25% of total rent + deposit
2. Registration Fee: ₹1,000 (urban) / ₹500 (rural)
3. Online Handling Fee: ₹300

• Online Registration Process

1. Visit IGR Maharashtra Portal
2. Fill in property and party details
3. Upload documents and make payment
4. Do biometric verification via Aadhaar
5. Download the registered agreement

Don’t delay registering your Leave and License Agreement in Maharashtra it’s simple, affordable, and protects both parties.

4. What Your Agreement Must Include

• Full names and addresses
• Accurate property details
• Rent amount and payment cycle
• Security deposit terms
• Start and end date
• Responsibilities for maintenance
• Termination notice period
• Penalties and dispute resolution clause

5. Legal Remedies Available

• For Landlords

1. Eviction: File for possession under Section 42 of the Maharashtra Rent Control Act
2. Compensation: Claim double the license fee for overstay

• For Tenants

1. Illegal Eviction: File under Section 6 of the Specific Relief Act, 1963
2. Utilities Cut Off: Seek restoration under Section 29 of the Rent Control Act

Both parties are legally protected under a registered Leave and License Agreement Maharashtra, ensuring fair resolution of disputes.

Things to Avoid and When to Seek Help

• Mistakes to Avoid

1. Using oral agreements
2. Skipping registration to save fees
3. Signing blank or vague templates
4. Ignoring police verification

• When to Call a Lawyer

1. Tenant refuses to vacate
2. Landlord cuts off electricity or water
3. Terms are violated
4. Property is in legal dispute

Always get your agreement reviewed by a property lawyer in Maharashtra to avoid legal traps.

Conclusion: Be Legally Proactive

A Leave and License Agreement in Maharashtra is more than a formality it’s your legal defense. Whether you’re a landlord trying to protect your investment or a tenant seeking security and fairness, registering your agreement is your first line of defense.

Being proactive today saves legal battles tomorrow. Understand your tenant landlord rights, follow the Rental agreement legal Maharashtra laws, and seek legal help when needed.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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