Renting a home without a written agreement? Here's why it may be risky
This article explains the legal and practical risks of renting a home without a formal written agreement in India. It highlights how oral contracts leave tenants vulnerable to sudden rent hikes, evictions, and disputes over security deposits.
Why it matters
Understanding tenancy laws is crucial for protecting personal finances and housing security in a market where informal agreements are common.
Moving into a rented home based solely on a verbal promise instead of a written agreement may seem harmless, but is it really? People often do this to avoid lengthy paperwork or quickly secure a place to stay. While oral agreements are legally recognised in India, they can easily backfire. Without anything in writing, tenants may face uncertainties over rent hikes, sudden evictions, repairs, and the return of their security deposit.In the absence of a written contract, Section 106 of the Transfer of Property Act, 1882, legally assumes you are on a month-to-month lease. This means either the landlord or the tenant can wrap up the tenancy and walk away by giving just a 15-day notice. Because there is no fixed timeline or "rent-lock" period, a landlord can decide to raise the rent for the very next month.
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