Who prepares the rental agreement? Simple answer and real examples
Most of the time the landlord writes the first draft.
But here’s the thing. It is not fixed in stone.
What does “prepare” even mean
Picture this. You find a flat. You agree on rent, duration, security. Now someone needs to put that in writing. That “someone” prepares the rental agreement. In most cases it is the landlord who starts the draft.
Usually this draft contains:
• Names of both parties
• Property address
• Rent amount and how often it is paid
• Security deposit details
• Duration of the lease
• Notice period
• Other rules they agree on
Fast and simple list. More on this later.
When tenant prepares the draft
Yeah it happens. Especially when:
• The tenant has rented many times before
• The tenant has a lawyer friend
• The tenant brings a template from the internet
In these cases the tenant prepares a draft and shares it with the landlord. They read it, tweak it, then sign it. Life. Simple.
Who pays for it
Quick tip. The person who prepares the agreement does not always pay the costs. Often the tenant pays stamp duty and registration fee if required. But this can be agreed between both. The rule of thumb is talk first.
Simple breakdown
Common scenarios for preparing the rental agreement
• Landlord prepares it first Most common. Landlord writes draft. Then tenant signs.
• Tenant prepares it Less common but happens. Usually tenant brings a template.
• Both sit and draft together Best for clarity. No surprises.
• Professional helps A lawyer or online service drafts it for both.
Should it be registered or notarised
A quick note here. If the rental period is more than 11 months, many states want it registered. Otherwise a stamp paper and signatures are fine. This doesn’t change who prepares the draft. But it can change how it gets finalised.
Real talk on clarity
Here’s the truth. A rental agreement is like any deal. Write it down early. Don’t wait to fix it later. When both sides prepare and review the draft, it feels safer. Feels fair. No one wakes up later and says “Wait what did I agree?”
FAQ
Does the tenant have to accept the landlord’s draft?
No. The tenant can ask for changes before signing.
Can an agent prepare the rental agreement?
Yes. Many times a broker or legal service writes the draft for both.
Is a rental agreement valid without stamp paper?
Usually it needs stamp paper. Some states want it registered too.
Tired of confusing back and forth on who writes what? Just sit down. Talk once. Write it down together.






