Renting out a property is an ideal way to generate additional income. A legal contract, known as a rent agreement, must be signed between the tenant and the landlord to offer this arrangement legal validity. Renting of any property for residential or commercial purposes in India is governed by various rules and regulations. A central Rent Control Act was passed by the legislature in 1948 to protect the rights of landlords and tenants. Several state governments, such as Delhi, Maharashtra and Karnataka, have passed/modified the Act. In this article, we will understand the rights and duties of a landlord.
Who is the landlord?
A landlord refers to the owner of a property, such as a house, commercial property or land, that is rented or leased for a specified period to an individual or entity, called a tenant, lessee or renter, in exchange for a specified amount as rent.
See also: Types of leases tenants and landlords should know about
Rights of landlords in India
Right to increase the rent
According to the law, the landlord has the right to charge rent at prevailing market rates. Moreover, they have the right to increase the rental amount periodically. Rent in India increases at a rate of 10% per year. The rental values are subject to state-specific laws. The Model Tenancy Act highlights various aspects, including the rent payable.
Right of eviction
As per the Rent Control Act that applies to tenants of over 12 months, property owners may encounter problems in evicting tenants. The Model Tenancy Act 2020 focuses on tackling challenges, such as untimely eviction, mutual fixation and revision of rent and repossession issues.
The grounds for eviction include subletting a part of the property without the landlord’s permission and any breach of the rental agreement.
A landlord is entitled to include a clause in the rent agreement for a progressive increment in the rent when the tenant refuses to vacate the house. The possession of the rented premises for occupation can be a ground for eviction.
Right to temporary possession of the property
A landlord can evict a tenant for repair and maintenance works if such works cannot be performed without the eviction of the tenant. The premises can be rented to the tenant after the repair works are over.
Right to be advised of repairs
A property owner is responsible for the property’s upkeep. Tenants should inform the landlord about any minor or major repair works. They can carry out minor repairs themselves. However, it is necessary to obtain prior permissions and reimbursements for all major works from the landlord in writing. As per the Rent Control Act, the repair expenses should be shared by the landlord and the tenant.
FAQs
Can a landlord forcefully evict a tenant?
The Rent Control Act provides the landlord the right of eviction on grounds, such as breach of the rental agreement, rent payment default or illegal activities. However, the Act protects tenants from unjustified eviction.
How can I take legal action against my landlord in India?
A tenant can file a police complaint against the landlord under section 411 of IPC if the property owner trespasses.
What happens if a tenant refuses to leave?
A landlord can file a suit in a district court against the tenant who refuses to vacate.
Can a landlord evict you without a court order in India?
Landlords are required to file an eviction notice in a court that has the authority to handle such cases.
Are landlords allowed to screen tenants?
Landlords can get a tenant police verification before renting out the property.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
