JOINT TENANCY AGREEMENT FOR FLATMATES
Execution date: __________
This deed is made between __________, of __________ (the “Landlord”), and __________, of __________ (the “Tenant”), concerning __________ (the “Premises”).
- Grant, term and possession
The Landlord lets the Premises to the Tenant for a fixed term beginning __________ and ending __________, stated as __________ months, for the permitted use __________. Possession is to be handed over on the commencement date after the agreed execution, stamping, registration and initial-payment steps are completed. This deed does not authorise either party to take possession by force or to exclude the other party otherwise than through lawful process.
- Rent
The monthly rent is __________, due by the __________ day of each month. Payment method: __________. Where rent is paid in cash in a Punjab tenancy governed by the Punjab Rent Act, 1995 track, section 13(2) gives the tenant a right to a signed receipt forthwith; section 13(3) permits the Rent Authority, on a qualifying application within two months, to award damages up to double the rent received plus costs for failure to give the statutory receipt.
- Security deposit
The Tenant will pay a refundable security deposit of __________. The deposit is security for unpaid rent, documented utility or maintenance dues attributable to the Tenant, missing inventory, and damage beyond reasonable wear and tear. It is not advance rent unless the parties later agree in writing. After vacant possession, return of keys, meter reconciliation and inspection, the Landlord will provide a reasonable deduction statement and refund the undisputed balance within __________ days.
- Occupation and use
The Premises may be occupied by __________ adult(s) and __________ minor(s). The Tenant will use the Premises as a private residence, comply with lawful society/common-area rules supplied to the Tenant, avoid nuisance and unlawful activity, and not make structural alterations without the Landlord’s prior written consent.
Subletting position: __________. Pet position: __________.
- Maintenance, repairs and utilities
Routine maintenance allocation: __________. Property-tax allocation: __________. Metered utilities: __________.
The Tenant must promptly report leakage, electrical hazard, structural cracking or another condition likely to worsen if ignored. The Landlord must carry out ownership-level repairs within a reasonable period after notice, subject to access and availability of contractors. Emergency action necessary to prevent immediate injury or major property damage may be taken first and documented afterward.
- Access and privacy
Except in an emergency, the Landlord or authorised representative will ordinarily give at least __________ hours’ prior notice before inspection, repair or showing the Premises and will enter at a reasonable time. The Tenant will not unreasonably refuse access for genuine repair, safety, inspection or end-of-tenancy showing purposes. This clause does not create a general right of surveillance or unrestricted entry.
- Lock-in, default and termination
After any lock-in, the Tenant’s contractual notice period is __________ days and the Landlord’s contractual notice period, where the tenancy may lawfully be terminated by notice, is __________ days.
A contractual notice does not itself displace statutory rent-control protection. Section 106 of the Transfer of Property Act, 1882 provides a fifteen-day notice ending with the tenancy month for a month-to-month letting and six months for a year-to-year letting where that section governs; a statutory tenant under rent control is not evicted by a section 106 notice alone. Possession may be recovered only through the route permitted by the governing Punjab or Chandigarh rent law and the competent court or Rent Authority.
Material default includes persistent non-payment, unauthorised transfer of possession, substantial unlawful use, deliberate material damage, or another substantial breach that remains uncured after any cure opportunity required by this deed or law. No default clause authorises forcible eviction, lock-changing, seizure of belongings or deliberate disconnection of essential services as a self-help remedy.
- Punjab and Chandigarh rent-law context
For Punjab, the project specification identifies two rent-law tracks. The Punjab Rent Act, 1995 governs generally, while its saving provision—numbered section 76(2) in one text and section 75 in the Gazette text and cited as section 75 in Neeraj Malhotra v. Jaswant Singh—preserves the East Punjab Urban Rent Restriction Act, 1949 for cases and proceedings concerning premises let before commencement, other than the NRI-owned-premises position described in the specification. The specification further records Krishan Kumar v. Kamla Devi, 2016(1) RCR (Rent) 525, as harmonising sections 3(1)(a), 24(3) and 75 for NRI landlords. Chandigarh operates under the East Punjab Urban Rent Restriction Act, 1949 as extended to Chandigarh.
The parties acknowledge that this deed records their contract, while mandatory rent-control rights and remedies prevail where they apply.
- Registration and stamping
This fixed term exceeds one year and the lease must be registered under section 17(1)(d) of the Registration Act, 1908. Presentation is ordinarily within four months under section 23; section 25 permits limited delayed presentation on the statutory conditions and fine for up to a further four months. Cost allocation: __________.
For Punjab, Article 35 of Schedule I-A to the Indian Stamp Act, 1899 as applicable in Punjab governs a lease; for fixed rent with no premium and a term below twenty years, the rate used for this template is 3.25% of the average annual rent. For Chandigarh, the applicable stamp-duty rate is 5% of the consideration.
- Notices
Notices should be delivered to the addresses stated above and may additionally be sent to the agreed email addresses. A party changing an address or notice email should inform the other in writing.
- Handover and end-of-term accounting
At commencement the parties should sign a move-in handover checklist, meter-reading record and, where relevant, inventory/furnishing schedule. At expiry or lawful earlier termination, the Tenant will return vacant possession, keys and access devices, remove personal belongings, clear attributable utility and maintenance dues, and permit a joint condition inspection. Reasonable wear and tear is not damage.
- Entire agreement and amendments
This deed and its signed schedules contain the tenancy terms on the matters they address. An amendment affecting rent, term, possession, deposit or another material obligation should be recorded in writing and, where the law requires, stamped and registered. Waiver of one breach is not a permanent waiver of the clause. If one provision is unenforceable, the remaining provisions continue to the extent they can operate independently.
FLATMATE ARRANGEMENT
The co-tenants are __________ and __________, whose present address is __________. Internal monthly-rent contributions are __________ and __________. Internal deposit contributions are __________ and __________. These internal shares do not reduce the landlord’s rights under the selected liability rule: __________.
Replacement rule: __________. No departing flatmate is released from liability to the landlord until a written release or replacement instrument is executed.
Second Tenant: __________
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023. Personal data appearing in this document is collected for the specific purpose of execute, register and administer the residential tenancy and preserve the tenancy record, communicating about it, and maintaining the resulting legal or operational record. The data may be shown to the owner, tenant, authorised property manager or consultant involved in the transaction, and to a verification or professional service provider specifically instructed for that purpose.
If the transaction does not proceed, application-stage personal data will be retained for 90 days from the decision or withdrawal. If the transaction proceeds, the document record will be retained for the term of the tenancy or transaction, plus 12 months. Data collected only to verify identity at one moment should be destroyed after verification, retaining only the fact and date of verification.
Consent may be withdrawn for future consent-based processing by writing to __________. A request to correct inaccurate data, erase data after its stated purpose has ended, or complain about handling of the record may be sent to the same address; the recipient should acknowledge and respond within 30 days.
Data minimisation: this document does not require a full Aadhaar number to be printed in shared prose. Where Aadhaar-based identity is offered in a KYC context, a masked Aadhaar should be accepted together with an alternative identity route such as passport, driving licence or voter identity card. PAN, bank-account and salary details are collected only where the purpose of the particular document genuinely requires them.
Personal-data instruction: __________. By signing after selecting consent, the signer confirms having read this notice and consents to the collection, limited use, disclosure and retention described above.
- Execution
Landlord: __________
Tenant: __________
Witness 1: __________, __________
Witness 2: __________, __________