By Arosh John
Founder, Thane Real Estate News | MahaRERA Registered Real Estate Consultant
A viral social media post claiming “new rent rules in India” has been widely shared among tenants, landlords and property owners.
The post says landlords cannot take more than two months’ rent as a deposit, rent agreements must be registered within 60 days, landlords must give 24 hours’ notice before entering the property, and tenants can repair after 30 days and deduct the cost.
The problem is that these points are not automatically applicable across India. More importantly, they should not be read as the current law for Maharashtra, Mumbai or Thane without checking the actual legal position.
In Maharashtra, the main legal framework remains the Maharashtra Rent Control Act, 1999, along with compulsory registration requirements for rent and leave-and-licence agreements.
The Viral Post Is Largely Based On The Model Tenancy Act
Many points in the viral image appear to come from the Model Tenancy Act, 2021.
The Model Tenancy Act was approved by the Union Government and circulated to States and Union Territories. However, it is a model framework. It does not automatically become law in every state.
Each state must adopt it, amend its existing rental law, or bring its own law in line with the model framework.
That is where the viral post becomes misleading.
A rule mentioned in the Model Tenancy Act cannot be directly treated as Maharashtra law unless Maharashtra officially adopts or notifies the relevant provision.
Has Maharashtra Adopted The Two-Month Deposit Cap?
Based on available official records, there is no confirmed Maharashtra notification showing that the Model Tenancy Act’s two-month residential security deposit cap has become the current rule for normal residential rentals in Mumbai or Thane.
This is the most important point for landlords and tenants.
The viral claim says:
Deposit cannot exceed two months’ rent.
This is not safe to present as a Maharashtra rule.
In cities like Mumbai and Thane, security deposits are usually negotiated between the landlord and tenant and recorded in the registered agreement. Market practice may vary depending on the property, location, furnishing, rent amount, lock-in period and landlord expectations.
Unless Maharashtra officially adopts a deposit cap, the two-month claim should not be published or forwarded as the current law for Mumbai or Thane.
Registration Of Rent And Leave-And-Licence Agreements In Maharashtra
Maharashtra already has a clear registration requirement.
Rent and leave-and-licence agreements should be in writing and registered. The responsibility for registering the agreement is on the landlord.
This is not a new rule.
In Mumbai, Thane and the rest of Maharashtra, tenants and landlords should avoid informal arrangements, oral commitments and unregistered agreements. A properly drafted and registered agreement protects both sides and reduces the chances of disputes later.
A good agreement should clearly mention:
- Rent amount
- Security deposit
- Lock-in period
- Notice period
- Rent escalation
- Maintenance charges
- Utility payments
- Repairs and damage responsibility
- Painting and cleaning terms
- Parking usage
- Possession handover condition
- Deposit refund timeline
Most rental disputes do not begin because the law is unclear. They usually begin because the agreement is weak, incomplete or casually drafted.
Can A Tenant Be Removed Without Legal Process?
No landlord should forcibly remove a tenant.
Even where a landlord has a genuine reason to recover possession, the legal process has to be followed. Locking the tenant out, using threats, cutting off utilities, or taking possession by force can result in serious legal consequences.
At the same time, tenants should also understand that tenancy protection does not mean unlimited occupation without compliance.
Non-payment of rent, breach of agreement, illegal use of premises, unauthorised subletting, nuisance, damage to property or refusal to vacate after agreed terms can all create legal complications.
Both sides should follow the agreement and the law.
Rent Increase Should Be Clearly Written In The Agreement
The viral image says rent can increase once a year with 90 days’ notice.
This should not be treated as a blanket rule for Maharashtra.
In practical rental transactions, especially leave-and-licence agreements, rent escalation is normally written into the agreement itself. For example, the agreement may provide for a fixed increase after 11 months, 12 months or at renewal.
For properties covered by the Maharashtra Rent Control Act’s standard rent framework, the Act has its own provisions.
The safest approach is simple: do not leave rent escalation to verbal understanding. Mention it clearly in the registered agreement.
Can A Landlord Enter The Property Anytime?
No.
A landlord cannot casually enter the rented premises without informing the tenant. The tenant has lawful possession during the agreement period, subject to the terms of the agreement.
In Maharashtra, the landlord’s inspection right is not the same as free access. Entry should be at a reasonable time and after prior notice.
For practical purposes, landlords should always inform the tenant in advance of inspections, repair work, buyer visits or society-related visits. Tenants should also cooperate when the request is reasonable and properly communicated.
Repairs And Deduction From Rent
The viral post says tenants can repair after 30 days and deduct the cost.
This is not the correct way to explain Maharashtra’s position.
Maharashtra law has provisions for repairs, but the process and limits differ from the simplified social media version. A tenant should not randomly carry out repairs or deduct expenses from rent without following the required process.
In practice, the better approach is:
- Inform the landlord in writing
- Give reasonable time to respond
- Keep proof of the issue
- Avoid unnecessary or inflated repair claims
- Follow the agreement and legal process before adjusting any amount
For expensive repairs, both parties should record approval in writing.
Cutting Electricity, Water Or Changing Locks Is A Serious Issue
This part of the viral post is broadly correct in spirit.
A landlord should not cut off essential services, change the locks, threaten the tenant, or use pressure tactics to force an eviction.
Electricity, water, access and basic services cannot be used as weapons in a rental dispute.
If there is a dispute, the correct route is notice, documentation, discussion and legal process — not force.
What Mumbai And Thane Landlords Should Do
Landlords should not rely on viral posts, WhatsApp forwards or half-read online summaries.
Before giving a property on rent, they should ensure:
- The agreement is properly drafted
- The agreement is registered
- Tenant KYC is collected
- Police verification is completed where applicable
- Deposit and refund terms are clear
- Rent escalation is written properly
- Lock-in and notice period are unambiguous
- Maintenance and utility responsibility is defined
- The inventory and furnishing list is attached, if required
- The possession condition is documented with photos or video
A strong agreement prevents most future disputes.
What Tenants Should Check Before Signing
Tenants should also be careful.
Before paying the token amount, deposit or rent, tenants should check:
- Owner’s identity and ownership documents
- Society permission, if applicable
- Registered agreement process
- Deposit refund clause
- Notice period
- Lock-in clause
- Brokerage terms
- Maintenance charges
- Parking terms
- Painting and repair clauses
- Any restrictions on pets, guests, business use or subletting
A tenant should never rely solely on verbal assurances.
The Real Lesson From This Viral Post
The viral post serves as a reminder that rental law is becoming more formal and that landlord-tenant disputes need better documentation.
But it is not accurate enough to be treated as Maharashtra law.
For Mumbai and Thane, landlords and tenants should comply with the Maharashtra Rent Control Act, registration requirements and the terms of a properly drafted agreement.
The biggest mistake in rental transactions is not always the rent amount or deposit amount.
The bigger mistake is entering into a casual agreement without understanding the legal and practical consequences.
Arosh John’s View
In Thane and Mumbai, rental transactions are becoming more structured, but many people still treat rent agreements casually.
That is where disputes begin.
A landlord wants protection of property.
A tenant wants security of occupation.
Both are valid concerns.
The solution is not WhatsApp knowledge. The solution is a properly drafted, registered and clearly understood agreement.
Before signing any rental or leave-and-licence agreement, both sides should read every clause carefully and take professional advice where required.
Also READ: Why the Standard Rental Agreement Clause on Eviction Needs a Legal Update in Mumbai–Thane
Also READ: How to Avoid Tenant Disputes & Protect Your Property in Thane–MMR
About The Author
Arosh John is the Founder of John Real Estate and Editor-in-Chief of Thane Real Estate News, a digital platform focused on factual, insight-led coverage of Thane and the Mumbai Metropolitan Region’s real estate market. A MahaRERA Registered Real Estate Consultant — Reg. No. A51700001835, he brings over a decade of on-ground experience across residential sales, resale transactions, rentals, villa properties, premium housing and NRI property advisory.
With a strong understanding of Thane’s micro-markets, infrastructure-led growth corridors, rental practices and real estate documentation, Arosh writes to help buyers, sellers, investors, tenants and landlords make better-informed property decisions. Through Thane Real Estate News, he is building a credible, locally grounded real estate knowledge platform for Thane and MMR.
Disclaimer
This article is for general information and awareness only. It should not be treated as legal advice. Rental and tenancy matters may vary depending on the facts of each case, the type of property, the agreement terms and applicable law. Readers should consult a qualified legal professional before making any legal decision.
All laws, rules, government references, brand names and logos mentioned belong to their respective owners. Thane Real Estate News is not affiliated with any government authority, court, department or statutory body.
