Almost every flat in Kolkata is rented on an 11-month “leave and licence” agreement. Here is what that means, what the document must contain, and the clauses that save you arguments at the end of the tenancy. This is practical guidance from our team, not legal advice; for anything unusual, consult a lawyer.
Why 11 months?
Agreements of 12 months or more fall under the West Bengal Premises Tenancy Act framework and generally need to be registered, which costs more and creates stronger tenant rights that many owners are wary of. An 11-month leave and licence keeps the arrangement simple: it can be notarised on stamp paper, renewed by mutual consent, and either party can exit with the agreed notice.
What the agreement must state
- Parties and property: full names, addresses and ID numbers of owner and tenant, and the exact flat (block, floor, flat number).
- Term and start date: 11 months from the move-in date, with a renewal clause.
- Rent and due date: the monthly amount, the date it is due, and the mode of payment. Bank transfer is best because it creates a record.
- Security deposit: the amount, that it is interest-free, and the conditions and timeline for refund (we recommend “within 15 days of vacating, less agreed deductions with receipts”).
- Lock-in and notice: commonly a three to six month lock-in, then one month’s notice on either side.
- Maintenance and utilities: who pays society maintenance, electricity, water and any generator charges.
- Repairs: structural, plumbing and electrical faults are the owner’s; minor wear and tear and day-to-day upkeep are the tenant’s.
- Use and occupancy: residential use only, who will live there, and whether guests, pets or sub-letting are allowed.
- Inventory: for furnished flats, a signed list of items with their condition, ideally with photos.
- Annual increase: if the owner wants a rise on renewal, fix the percentage now (5 to 10 percent is typical).
Notarised or registered?
For an 11-month leave and licence, notarisation on stamp paper of the value required in West Bengal is the common practice and is accepted by most societies and for police verification. Registration at the sub-registrar’s office gives stronger evidentiary value and is what we recommend for high deposits or furnished flats worth a lot of money.
Mistakes we see every month
- Deposit paid in cash with no receipt.
- No inventory, followed by a dispute over a “missing” geyser.
- Notice period written as “as mutually agreed”, which means nothing.
- The agreement in the name of someone who is not the owner. Ask for the sale deed or a recent tax receipt.
Before signing, read our guide on getting your deposit back and check the flats for rent we currently list, all of which come with owners who are used to a proper agreement.
Need help now? WhatsApp +91 96148 13713 with your area, budget and move-in date and we will send matching options the same day.
