Rent Agreement Affidavit in India: Meaning, Purpose, and Procedure

A rent agreement affidavit is a legal document used to declare the existence of a rental arrangement between a landlord and a tenant. It is prepared on stamp paper and signed by the person making the declaration, usually when a registered rent agreement is not available or when an authority specifically requires an affidavit as supporting proof.

This affidavit serves as a sworn statement confirming tenancy details such as address, duration of stay, rent amount, and relationship between landlord and tenant.


What Is a Rent Agreement Affidavit?

A rent agreement affidavit is a written declaration made under oath that confirms a person is living at a particular address as a tenant. It is prepared on non-judicial stamp paper and signed before a notary public or oath commissioner.

Unlike a registered rent agreement, an affidavit is a supporting legal statement rather than the primary contract. It is commonly used when:

  • The rent agreement is not registered
  • The tenant needs address proof urgently
  • Authorities require a sworn declaration
  • A duplicate agreement is unavailable

It provides legal confirmation of residence.


Why Is a Rent Agreement Affidavit Required?

A rent agreement affidavit is required in several situations where proof of residence or tenancy is needed.

Common purposes include:

  • Address proof for Aadhaar, passport, or bank account
  • Police verification for tenants
  • Visa or immigration applications
  • Court or legal proceedings
  • Government registrations
  • School or college admissions
  • SIM card or utility connections

It helps authorities verify that the tenant genuinely resides at the stated address.


Key Information Included in a Rent Agreement Affidavit

A proper rent agreement affidavit must include accurate and complete information.

1. Tenant’s Details

  • Full name
  • Father’s or spouse’s name
  • Current residential address
  • Permanent address

2. Landlord’s Details

  • Name of the landlord
  • Address of the landlord

3. Property Details

  • Complete rented property address
  • House or flat number
  • City, state, and PIN code

4. Tenancy Details

  • Date of moving into the property
  • Monthly rent amount
  • Duration of stay or agreement period

5. Declaration Statement

A sworn declaration stating that the information provided is true and correct.

6. Signature and Notary Attestation

  • Signature of the person making the affidavit
  • Date and place
  • Notary stamp and signature

These elements make the affidavit legally valid.


Difference Between Rent Agreement and Rent Agreement Affidavit

Many people confuse a rent agreement with a rent affidavit, but they serve different purposes.

Rent Agreement:

Rent Agreement Affidavit:

  • A sworn declaration confirming tenancy
  • Used as supporting proof
  • May or may not replace agreement temporarily

A registered rent agreement provides stronger legal protection.


Stamp Paper Requirement for Rent Agreement Affidavit

A rent affidavit must be prepared on non-judicial stamp paper. The value of stamp paper depends on the state and purpose.

In many states, stamp paper values such as ₹10, ₹20, ₹50, or ₹100 are commonly used for affidavits.

The stamp paper must be purchased in the name of the person making the affidavit.


Is Notary Required for Rent Agreement Affidavit?

Yes, notarization is usually required.

The affidavit must be signed in front of a notary public, who verifies the identity of the person and confirms the declaration. The notary adds:

  • Official stamp
  • Signature
  • Registration number

Without notarization, the affidavit may not be accepted by authorities.


When Is Rent Agreement Affidavit Used Instead of Rent Agreement?

A rent affidavit is used when:

  • The rent agreement is not registered
  • The tenant recently shifted
  • Address proof is urgently required
  • Agreement document is lost
  • Temporary declaration is needed

However, for long-term legal protection, a proper rent agreement is recommended.


A rent agreement affidavit is legally valid as a sworn declaration. Providing false information in an affidavit is a punishable offense under Indian law.

However, it is considered supporting evidence rather than a complete substitute for a registered rent agreement.

Authorities may still request additional documents.


Documents Required to Prepare Rent Agreement Affidavit

To prepare a rent affidavit, the following documents are usually required:

  • Aadhaar card or identity proof of tenant
  • Address proof of tenant (if available)
  • Landlord’s name and address
  • Property address details
  • Passport-size photograph (in some cases)

These details help ensure accurate drafting.


Step-by-Step Procedure to Make Rent Agreement Affidavit

Step 1: Prepare the Draft

Write the affidavit including tenant details, landlord details, and property address.

Step 2: Purchase Stamp Paper

Buy non-judicial stamp paper of appropriate value.

Step 3: Print the Affidavit

Print the affidavit content on the stamp paper or attach it.

Step 4: Sign the Affidavit

Sign the affidavit in presence of a notary public.

Step 5: Notary Attestation

The notary verifies identity and stamps the affidavit.

After notarization, the affidavit becomes legally usable.


Uses of Rent Agreement Affidavit for Address Proof

A rent affidavit is commonly accepted for:

  • Aadhaar address update
  • Bank KYC verification
  • Passport application support
  • Tenant police verification
  • Government documentation

Some authorities may require additional supporting documents.


Can Rent Agreement Affidavit Be Used in Court?

Yes, an affidavit can be used as supporting evidence in court. Since it is a sworn declaration, it carries legal value.

However, a registered rent agreement remains stronger legal proof in disputes between landlord and tenant.


Important Points to Remember

  • Always provide correct information
  • Use proper stamp paper
  • Get affidavit notarized
  • Keep copies for future use
  • Prefer registered rent agreement for long-term tenancy

False declarations can lead to legal consequences.


Conclusion

A rent agreement affidavit is a legally recognized document used to declare tenancy and confirm residential address. It is useful when a registered rent agreement is unavailable or when authorities require a sworn declaration for verification purposes.

Although it provides legal confirmation, it is recommended to create a proper rent agreement for full legal protection. A correctly prepared and notarized rent affidavit helps tenants complete address verification and legal documentation smoothly.


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