India EssentialsDeep DivesTenancy Compliance & Responsibilities
Deep Dive · Renting

Tenancy Compliance
& Responsibilities

What you take on as the occupier, what IKAN checks at handover and what it cannot, and what brings your full security deposit back, in four parts.

Move-inrecord every defect, in writingDepositreturns in full if the property does

When you take a home on lease in India, the property becomes yours to look after for as long as you live in it, and your security deposit comes back in full only if you hand it back the way you received it. That sounds heavier than it is. It comes down to four things done properly: knowing what you have taken on, a careful move-in where every existing fault is recorded in writing, a sensible routine while you live there, and a tidy move-out where the inventory checks out. This document walks all four in plain English, including the India-specific realities, dust, power cuts, society rules, that nobody warns you about. Your IKAN consultant runs the move-in inspection with you and stays on call throughout.

How much sits with you depends on the kind of home. Whether or not you actually use a part of the property, as the occupier you are solely accountable for all routine upkeep. In a gated community or society, the managing committee usually looks after the common areas. For an independent or standalone house, common-area maintenance falls entirely on you too. And in a gated community, common-area maintenance and common electricity must be paid up to the lease end date.
4
parts, what you take on, move in, occupancy, move out
Grace period
your window to report faults, agree it in the lease
Quarterly
recommended AC servicing, keep every receipt
100%
deposit back if returned in good order
Do this first
Two things decide almost everything that follows. One, agree your grace period in writing before you sign, the short window in which you can report pre-existing faults and the landlord still pays for them. It is entirely landlord-dependent, so it must be settled at signing, not discovered afterwards. Two, confirm your landlord or society files your Form C and that your lease is registered. Your FRRO registration and your resident bank account both depend on these, and without them your move stalls.
Part one · What you take on
The occupant's responsibilities

What you are responsible for

As the occupier you are responsible for the upkeep and maintenance of the leased property, and for the costs that go with it, so that the full security deposit is refunded by the landlord to the Lessee at the end of the lease. Here is what that covers, in full.

1
Day-to-day maintenance of the propertyAll minor repairs to the fixtures and fittings inside the home, and to electrical, plumbing, woodwork, appliances, water tanks and common areas. In a gated community the managing committee usually handles day-to-day common-area maintenance; for a standalone or independent house that falls on you. Regardless of whether the property is actively used during the lease period, you remain solely accountable for all routine maintenance.
2
Upkeep and servicing of every appliance, used or notAir conditioners, water heaters and everything else provided by the landlord, in the kitchen and through the house, are the occupier's to maintain and service whether or not they are used during the lease period. The landlord may ask for proof of regular servicing, so keep the invoices.
3
Any damage to the property, however it happenedYou are responsible for damage to the property, including the furniture, fixtures, fittings and appliances provided by the landlord, whether that damage is intentional, unintentional, or due to your own negligence. Anything that stops working through use, non-use or lack of maintenance during the lease term is yours to repair or replace.
4
Every utility bill, paid by its due dateElectricity, water and the rest are yours to pay by the date printed on the bill. In a gated community, common-area maintenance and common electricity must be paid up to the lease end date. Late payment risks disconnection and, in some societies, a penalty.
5
Renters' insuranceThe assignee is responsible for obtaining appropriate renters' insurance to cover their personal belongings and personal liability during the tenancy. Landlords in India rarely insure the property; it is not common practice here and is entirely at their discretion, so your own cover is what protects your possessions.
6
Returning the property in tenantable conditionAt the end of the term the property must go back to the landlord in good, well-maintained and tenantable condition, consistent with its state at the start of the lease and in line with the terms of the Lease. Normal wear and tear is excepted, and Part four sets out exactly where that line falls.
The question nobody answers in one place

Who is responsible for what

Most disputes are not really disagreements about the facts. They are disagreements about whose job it was. This is the short answer, and it holds unless your lease says otherwise, so read your lease alongside it.

ItemOccupierLandlordSociety
Minor repairs inside the home
Servicing appliances and ACs, and gas refillslease
Damage from use, non-use or negligence
Defects reported inside the grace period
Drainage found blocked at handover
Drains blocked later by leaves, dust or neglect
Structural repairs and major works
Approving an upgrade you wantpaysdecides
Utility bills, electricity, water, gas
Common areas, gated communitypaysruns
Common areas, standalone house
Renters' insurance on your belongings
Property insurance on the buildingrare
Filing Form C for a foreign nationalor
Deducting TDS on the rent
House rules, timings and deliveriesobeyssets

Scroll the table sideways to see the landlord and society columns.

✓ responsible · ○ not responsible · lease depends on your lease terms · rare uncommon in India and entirely discretionary · or whichever provides the accommodation. Your lease overrides this table wherever the two differ, so read it, and ask your IKAN consultant about anything that is not clear.

A legal duty that sits with the tenant

Statutory tax compliance, TDS

The Lessee has a duty to deduct tax at source on the rental payments as the law provides, and the amount deducted must be deposited with the Government treasury through the correct process. This is worth reading twice, because it catches people out: the duty is the tenant's, not the landlord's.

It applies to personal leases
A home you have leased in your own name is covered. Personal leases historically did not withhold this tax, which is exactly why the tenant-side rule exists.
It applies to company leases
A lease signed by your employer is covered too. Company leases have long withheld the tax, so the process is usually already in place, confirm it is.
It applies to leave and licence
Calling the arrangement a leave and licence agreement rather than a lease does not remove the duty. What matters is that you are paying for the use of a property.
Take advice before the first payment
If you are the occupier and the signatory of the lease, the duty is yours. Consult your tax advisor for guidance and support before you initiate rental payments, not after.
IKAN is not a tax advisor. We flag the duty so it never surprises you, and we connect you to an advisor who handles your figures and filings. The thresholds, rates, forms and deadlines are set out in our Rent & TDS deep dive, which is kept current, so there is one place for those numbers to be right.
Part two · Move in
The inspection that protects your deposit

When you first move in

Your landlord usually allows a short grace period, a few days to use everything properly and flag pre-existing faults so he covers the cost of putting them right. Miss that window and those become your repairs, and the minor-repair clause takes effect whether or not you use that part of the property. So treat day one as an inspection: the IKAN team walks the property with you against the landlord's inventory list, and anything wrong is recorded there and then, in writing.

1
Agree the grace period at signing, not afterThe length of the grace period is entirely landlord-dependent and has to be agreed with the landlord when the Lease is signed. Get it into the document. Once it lapses the minor repair and maintenance clause takes effect and the cost moves to you.
2
Walk the whole property with the inventory listThe landlord provides an inventory list at handover. Go room by room and tick off every item, present and in working order. Anything missing or damaged is recorded on the list now, to be rectified by the landlord or noted as an existing defect.
3
Test every appliance and fitting, actually using itRun the taps, switch on the lights, test the power outlets, open and close the wardrobes and sliding doors. Kitchen appliances, the fridge, dishwasher, washing machine, dryer, oven, chimney, microwave, cooking range and the smaller mixers and grinders, are not tested or used by IKAN, so you must run them during the grace period. If anything is faulty, tell the landlord within a few days of handover.
4
Photograph every defect, with the dateTake clear, dated photographs of every scratch, stain, crack, chip or fault, on walls, floors, worktops, sanitaryware and glass. This is your evidence at move-out that a mark was already there, and it settles most fair wear and tear arguments before they start.
5
Notify the landlord in writing before the window closesPut every defect in an email or a message, never a phone call, so there is a record with a date on it. The wording is below, ready to copy.
6
Take out your renters' insuranceCover your personal belongings and personal liability for the length of the tenancy, with a reputable insurer of your choice. Landlords here rarely insure the property, so nothing else covers your possessions.
Copy this

The written notice

Send this to your landlord inside the grace period, and copy your IKAN consultant. Fill in the square brackets and delete what does not apply. Keep the sent copy.

Dear [landlord's name],

Thank you for handing over [address] on [date of handover].

As agreed at signing, I am writing inside the grace period to record the
pre-existing defects found while checking the property against the
inventory list. Dated photographs of each item are attached.

1. [room]: [what is wrong]
2. [room]: [what is wrong]
3. [room]: [what is wrong]

Please confirm in reply which of these you will rectify and by when, and
that the remainder are noted as existing defects, recorded on the
inventory list and not chargeable to me at the end of the term.

Everything else in the property was received in good working order.

With thanks,
[your name] · [phone]
cc: [your IKAN consultant]
Print it, walk the rooms, fill it in

Your move-in defect log

The inventory list is the landlord's record. This is yours. One line per fault, written on the day, signed by both sides. It is the single sheet of paper that ends a deposit argument twelve months later, and it takes twenty minutes to fill in.

RoomItem, and what is wrongPhoto refLandlord fixesExisting defect

Scroll the table sideways to reach the last two columns, or print the page to fill it in by hand.

Occupier, name and date
Landlord or agent, name and date
IKAN consultant, name and date
What the inspection does and does not cover. The IKAN team checks the property thoroughly, but the quality of the materials used by the builder or landlord cannot be tested, controlled or guaranteed by IKAN. You may meet ongoing or teething issues after you move in, and those are managed in the normal course. We physically check every power outlet, tap, appliance and fitting, and run each air conditioner for about 30 minutes to confirm it cools. We do not open up internal wiring, circuits, centralised air-conditioning machinery or concealed plumbing. Those need a specialist at additional cost, which you are free to arrange at your own discretion.
Part three · During occupancy
What the inspection covers, and its limits

Inspection scope, in plain terms

Outlets, taps and fittings checked
Every power outlet, tap, appliance and fitting is physically checked before handover to confirm it functions. All fixtures, fittings and appliances are handed over in working condition at the move-in inspection.
Plumbing fixtures checked
Taps, showers, water closets and health faucets are checked by IKAN and are in good working order at move-in. Drains can still overflow later if they are not cleaned regularly and checked for blockages, and that upkeep is yours.
Wiring and plumbing not opened up
Internal wiring, circuits, concealed plumbing and centralised air conditioning are not assessed in a standard walkthrough or property inspection. Only a specialist can judge them, at additional cost, arranged at your discretion.
Power load confirmed
The sanctioned power load is confirmed by the landlord and checked against the last paid electricity bill, so you know the supply you are working with before you plug in heavy appliances.
Kitchen appliances not run by IKAN
The fridge, dishwasher, washing machine, dryer, oven, chimney, microwave, cooking range and smaller appliances are not tested or used by IKAN. Run them yourself during the grace period and report faults quickly.
Washing-machine drainage, partly
The drainage for the washing machine is checked for blockages, but it is not tested through a full cycle or with a load. Run a full wash yourself in the first days and flag anything that backs up.
Air conditioners, cooling only
Each air conditioner is switched on for roughly 30 minutes to check cooling efficiency. Internal circuits, machinery and wiring are not checked on any unit. Quarterly servicing and an AMC are strongly recommended.
Balcony and terrace drains not checked
Open-area drainage is not checked at handover. If you find it blocked at handover, it is the landlord's responsibility to repair. If it blocks later through dust, leaves or lack of cleaning, it becomes yours.
Fixtures are the landlord's choice, and they go back as they came. The installed fixtures and fittings are the landlord's personal preference or the builder's. You are free to change them at your own cost, provided you put the landlord's originals back, in the condition they were in at move-in, before you leave. Fixed items such as wardrobes and bathroom fittings should not be changed or tampered with at all. And note that any repair or upgrade you want during the tenancy may simply not be approved by the landlord, in which case the Lessee or occupant covers the expense.
Keep them working, keep the receipts

Appliances and servicing

Day-to-day maintenance means every minor repair to the fixtures and fittings inside the home, and to the electrical, plumbing, woodwork, appliances, water tanks and common areas. You carry any damage to the property, including the furniture, fixtures, fittings and appliances the landlord provided, whether the damage was intentional, unintentional or down to negligence. Most of that is avoided by a short routine.

1
Service the air conditioners regularly, and keep the proofWhere the weather is constantly hot and humid and the units run daily, expect to service the air conditioners and compressors at regular intervals through the year, possibly quarterly. Arranging and paying for servicing and gas refills is the occupier's duty unless the lease says otherwise. Always keep receipts and invoices as proof the servicing was done. Regular cleaning of the unit and its filters also keeps mould out of the air you breathe.
2
Take an AMC, and use the warranty yearAn Annual Maintenance Contract on the air conditioners is worth taking. Most new appliances are under warranty in their first year, so have them serviced at regular intervals and use that cover while it lasts. Where your lease makes AC servicing the landlord's duty, it is still on you to remind the landlord to have it done on schedule, per the agreed terms.
3
Run the oven, and flush the unused toiletsIf you rarely use the oven, warm it up at least once every two weeks, otherwise moisture collects on the elements and it spoils over time, at your cost. Flush any unused toilets regularly to prevent staining of the bowl and mosquitoes breeding in the water; stagnant water and unused taps or bathrooms can also cause a foul smell.
4
Switch things off, and fix leaks the same daySwitch off appliances, lights and fittings when they are not in use. Boilers and air conditioners draw the most power, so keep them off when unused. For bottled gas, keep the regulator knob in the off position when it will not be used for a while; for piped gas, shut the main valve. Attend to any leaking tap, shower, faucet, pipe, water closet or appliance immediately, so nothing worsens through your own negligence.
5
Clean the chimney filter, and mind the sliding doorsThe chimney or exhaust hood and its filter, where the landlord has provided one, must be cleaned at regular intervals through the tenancy. Use sliding doors gently; they are more prone to displacement and warping from dust build-up and ordinary wear.
6
Tell the landlord early, in writing, about anything seriousMaintain the appliances and keep the landlord informed in writing of any issue or work required. Any major damage, deterioration or water seepage must be raised immediately so the landlord can decide how best to deal with it. Failing to inform them may be treated as your negligence.
7
Watch the plants, the planters and the spillagesStand pots and plants on saucers and drip trays; run-off stains the floor and staining counts as damage. Before buying anything large or heavy, check the floor can take the weight, because any damage is your liability. Keep the garden and plants well maintained, including through any extended absence, and clean up spillages immediately, having the affected item or area professionally cleaned or polished if it needs it.
The things nobody warns you about

Living in India, practically

Dust and pollution
India is a dusty country. It settles on floors, ceilings, glass, window frames, carpets, fixtures and fittings, and needs regular, often daily, cleaning. Air purifiers are worth installing depending on local pollution levels, which you can track through apps, portals and the news.
Power cuts and fluctuations
Frequent power cuts and voltage swings are common in many Indian cities and can fuse bulbs. Most large housing complexes have central stabilisers, and many high-end fridges, televisions and air conditioners carry built-in stabilisers, but expect the occasional flicker.
Noise
A dense and diverse country comes with noise. You may be under a flight path or near a railway line. There may be temples, a church or a mosque nearby where calls to prayer use loudspeakers. Festivals, processions, weddings, community events, political rallies, traffic, generators and water pumps all add to it. It takes getting used to and is beyond anyone's control.
Drainage and the monsoon
Balcony and terrace drains are not checked at handover. Have them cleaned regularly, because blockages from leaves, dust and foreign material become your responsibility. Open areas flood in heavy rain when the outdoor pipes are clogged, and they must be maintained even while you are away for a long stretch.
Pests and mosquito mesh
Dispose of rubbish promptly and clean inside and out to keep pests away; regular pest control is strongly recommended. Keep doors, windows and openings closed or fitted with mosquito mesh, especially from dusk to dawn, which also cuts the dust coming in.
Mailboxes and irregular bills
Check your letterbox regularly for bills, notices and other communications, and act on them promptly. Some utility companies bill irregularly, so a larger cumulative demand can appear later. Do not be alarmed, simply pay on time to avoid disconnection.
Respect the community you live in

Society rules

Every housing community's association or society makes its own rules to keep disturbance to a minimum, and lays down guidelines residents and tenants follow. As the occupier you must adhere to those rules and respect the association's decisions. They vary a great deal, so check with your association for what applies where you live.

Timing and delivery restrictions catch people out. Most communities do not permit maintenance work late in the evening or during the afternoon. Many do not permit any work on Sundays and public holidays, and some even restrict the delivery of household goods and furniture at those times. Check your association's rules before you book a contractor or schedule a big delivery, not on the morning the van arrives.
Part four · Move out
Hand it back in good order

When you move out

At handover, all appliances, fixtures and fittings are expected to be in working condition and undamaged, with normal wear and tear excepted. The landlord re-checks the same inventory list used at move-in, and everything must be present and in good working order. You may still have to negotiate what counts as fair wear and tear, because every landlord sees that line differently, which is exactly why your dated move-in photographs and your defect log matter.

The definition, in one line. Any dent, mark, tear, breakage or loss of function that cannot be removed by professional cleaning or repair is damage, not normal wear and tear.

Here is the list of things that are not fair wear and tear. It is not exhaustive, so when you are in doubt, repair or replace before handover; it is almost always cheaper than the deduction.

Surfaces and floors
Burn marks and scratches on kitchen worktops. Crayon or pen marks on walls. Scratches on wooden flooring, from a pet or from dragging furniture. Burned, broken or stained floor tiles and marble.
Stains and soft furnishings
Stains or tears on curtains, drapes and blinds. Stains on furniture, walls and flooring, from coffee, red wine, sticky fingers or drawing.
Appliances left uncleaned
The cooker, cooker hood and filters, oven, fridge and freezer not cleaned properly on a regular basis, leaving grease or marks that make them unfit for future use.
Glass, doors and keys
Cracked or broken window panes. Door handles and locks that are damaged or no longer work. Lost keys. Torn or damaged mesh and door screens. Broken or damaged cabinet, wardrobe or room doors, and missing hardware on furniture and cabinets.
Bathrooms and sanitaryware
Stoppers on the bathtub and basins missing or not working. Hairline cracks on toilet bowls, seats, sinks and bathtubs from mishandling. Health faucets with cracks, leaks or rust. Missing or broken plumbing fixtures and sanitaryware.
Walls you have hung things on
Drilled holes used for pictures, shelves or artefacts need to be patched up and repainted before you hand back the property.
Print this and tick it off

Your move-out checklist

Before you hand back the keys

Hand over all keys, and replace any that have gone missing during the tenancy.
Return every appliance user manual, kept safe through the term.
Replace all blown or fused light bulbs and fittings.
Hand over every remote control in working order, with fresh batteries where needed.
Repair or replace anything broken, not functioning or lost since move-in.
Patch and repaint any holes drilled for pictures, shelves or fittings.
Have the appliances serviced and the chimney filter cleaned, and gather the invoices as proof.
Put the landlord's original fixtures back if you changed any, in the condition they were in at move-in.

Money, meters and your record

Take final meter readings for electricity, water and gas, and clear every bill to the lease end date.
Settle common-area maintenance and common electricity up to the lease end date.
Bring your move-in defect log and dated photographs to the final inspection.
Take dated photographs of the property as handed back, alongside the inventory check.
Who pays for what

Additional charges

Beyond the rent, a number of running costs may be yours, depending on the lease terms. Read the contract, terms and fine print of every subscription and membership carefully, because there can be hidden costs and penalties for early termination. Check with your IKAN consultant to pin down everything that applies to your property.

ChargeWho pays
Utility bills and services, internet, telephone, electricity, water, cooking gas, cable or satellite TV, rubbish collection, including deposits and ongoing monthly paymentsOccupier
Household help on your payroll, maid, nanny, driver, gardener, cook, security guard, house managerOccupier
Society charges for issuing ID cards to your household helpOccupier
Police registration of your household helpOccupier
Maintenance of a personal lawn or gardenOccupier
Upkeep and maintenance of a personal or private swimming poolOccupier
Monthly maintenance charges levied by the housing association from time to timeOccupier
Club house deposit and monthly club house usage charges, unless the Lease says otherwiseOccupier
Move-in and move-out charges levied by the housing associationOccupier
Annual Maintenance Contract, AMC, on appliancesOccupier
Renters' insurance on your belongings and personal liabilityOccupier
Stamp duty towards lease registration, where applicablePer lease
Brokerage or finder's fee payable to the housing broker, where applicablePer lease

These are the most common charges and there could be others tied to your specific property. It is important that you check with your IKAN consultant to identify every additional charge you may be responsible for during the tenancy period.

What the society maintenance charge usually covers. Each association makes its own rules. In general it covers the common areas: cleaning and upkeep, gardening and plumbing, electricity, and the water supply for both the common areas and the individual units. It also covers security and the main gate, the lifts, and shared facilities such as the swimming pool, gymnasium, children's play areas and the club house or community space. And it covers rubbish disposal and the salaries of the staff who manage the community. Check with your community for the exact inclusions.
Read alongside
The Lease ProcessHow the lease is negotiated and signed
Lease RegistrationRegistration, stamp duty and the Kaveri or equivalent portal
Rent & TDSThe thresholds, rates, forms and deadlines behind Part one
Form C ExplainedYour host's 24-hour duty to report your stay
FRRO RegistrationRegistering your stay as a foreign national
For Your LandlordThe pack to hand your landlord, in English and Hindi
Your support

How IKAN helps

We run the move-in inspection with you, checking every outlet, tap, appliance and fitting against the landlord's inventory list
We make sure the grace period is agreed at signing and that defects are recorded in writing before it closes, so they stay the landlord's cost
We confirm your landlord or society files your Form C and that your lease is registered, so your FRRO and bank account are not held up
We flag the TDS duty before your first rent payment and connect you to a tax advisor for your figures
We explain the society rules and the additional charges that apply to your specific property, and stay reachable through the tenancy
We are with you at the move-out inspection, with the move-in record in hand, so the deposit conversation is short

Tenancy compliance · quick checklist

Agree the grace period in the Lease before you sign
Confirm Form C is filed and your lease is registered, your FRRO and bank account depend on it
Take tax advice on TDS before your first rent payment
Walk the property, run every appliance, and photograph every defect with the date
Send the written notice before the grace period closes, and keep the sent copy
Take out renters' insurance on your belongings and personal liability
Service the appliances at regular intervals, keep every receipt, and pay every bill by its due date
Tell the landlord in writing, early, about any serious damage or seepage
At move-out, run the checklist so the inventory checks out and the deposit comes back in full

Get the four parts right, know what you have taken on, a careful move-in, a sensible routine, a clean move-out, and the deposit comes back without drama. We will be alongside you at every step.

Your IKAN Relocations team
IKAN
Where expertise meets empathy, supporting your move to India, every step of the way. The information here is not, and cannot be construed as, professional advice in areas such as law, taxation or accounting. While reasonable efforts have been made to ensure accuracy at the time of publication, there is no guarantee the information is free from errors or omissions, and IKAN Relocation disclaims any liability for damage, loss or cost arising directly or indirectly from its contents. Grace periods, lease terms, society rules, charges and tax rules vary; your consultant confirms the current specifics for your lease and city.