A rental agreement: what goes in it and why it is registered

The terms worth writing down, who signs what, and why a tenancy is better for being on paper.

Why write it down

A tenancy that is only spoken depends on two people remembering the same thing a year later. An agreement is how an owner and a tenant say what they have agreed, so that a disagreement about the deposit, the notice or the repairs can be settled by reading and not by arguing.

What it usually contains

• The names and addresses of the owner and the tenant, and the address of the home.
• The rent, the day it is due, how it is paid, and how and when it may be raised.
• The security deposit: how much, what may be deducted, and when it is returned.
• How long the tenancy lasts, any lock-in period, and the notice either side must give.
• Who pays for maintenance, repairs, water, electricity and society charges.
• What may and may not be done: sub-letting, pets, changes to the home, running a business.
• What is handed over with the home, listed room by room, and its condition.

Registration and stamping

Many states require a tenancy of more than a certain length to be registered or stamped, and the rules about who pays and how much differ. An unregistered agreement may be treated as weaker if there is ever a dispute. Ask a local lawyer or the registration office what applies where the home is.

Keep it together

Both sides should hold a signed copy, with the photographs or inventory of the home's condition on the day the tenancy began. Pay rent by a method that leaves a record, and keep the receipts.

This guide is general information, not legal, tax or financial advice. Rules differ between states and change over time, so confirm the details that matter to you with a qualified professional or the authority concerned before you act.