Legal rights and duties of tenants in India

Tenants in India have a set of rights and responsibilities to ensure a fair and balanced relationship between them and their landlords.

In India, renting a property is a common practice, whether for residential or commercial purposes. However, tenants often find themselves unaware of their rights and responsibilities, which can lead to conflicts with landlords or legal complications. Understanding the legal framework that governs rental agreements, along with a tenant’s rights and obligations, is crucial for fostering a harmonious landlord-tenant relationship. This article delves into the key rights and responsibilities that tenants in India must be aware of, along with the dispute resolution mechanisms available to address any conflicts. Read on to learn more.

Legal framework for tenants in India

Legal rights and duties of tenants in India

The legal framework governing tenant rights and responsibilities in India is primarily built around several key laws and regulations that aim to balance the interests of both tenants and landlords. These laws, which vary from state to state, provide a structured system to ensure fairness and protect tenants from exploitation or illegal practices. The most significant laws and acts include:

The Rent Control Acts (State-specific)

Each state in India has its own Rent Control Act that regulates tenancy agreements, rental rates, eviction procedures, and the rights of tenants. These acts were introduced to protect tenants from unreasonable rent increases and to provide a legal framework for resolving disputes between landlords and tenants. The Rent Control Acts also specify the grounds on which a tenant can be evicted, ensuring that it is done in a fair manner. For instance the Delhi Rent Control Act, 1958 governs the rental agreements in Delhi, while the Tamil Nadu Rent Control Act, 1960 applies to Tamil Nadu. These acts typically limit the amount by which landlords can increase rent and offer protection to tenants from arbitrary eviction.

The Model Tenancy Act, 2021

In an effort to create uniformity and modernise rental laws across India, the Model Tenancy Act, 2021 was introduced by the Ministry of Housing and Urban Affairs. It sets a model for states to adapt in their respective legislation. The act outlines key aspects of tenancy, including the process for entering into rental agreements, the determination of fair rent, and the legal process for eviction.

The Indian Contract Act, 1872

The Indian Contract Act governs all contractual relationships in India, including tenancy agreements. According to this act, any rental agreement entered into between a landlord and a tenant must fulfill the basic requirements of a valid contract, such as mutual consent, lawful object, and competent parties. This ensures that both parties are legally bound by the terms of the rental agreement, including rent payment, property maintenance, and notice periods.

The Consumer Protection Act, 2019

Under the Consumer Protection Act, tenants can approach consumer courts for grievances related to poor living conditions, faulty amenities, or unfair practices by landlords. For instance, if a landlord fails to provide agreed-upon services, a tenant can file a complaint under this Act, seeking redress.

Rights of tenants in India

Legal rights and duties of tenants in India

Tenants in India are entitled to several rights that protect them from unfair treatment by landlords and ensure their living conditions are safe and just. Understanding these rights is crucial for tenants to avoid exploitation and maintain a peaceful and legal living arrangement. Here are the key rights tenants have under Indian law:

Right to a written rental agreement

One of the fundamental rights of tenants is the right to have a written rental agreement. A well-documented agreement ensures that both parties—the landlord and the tenant—are clear about the terms and conditions of the tenancy. The agreement should include details like rent amount, payment frequency, the tenure of the lease, security deposit, and other important clauses related to property maintenance and tenant obligations. While verbal agreements are not unlawful, they are difficult to enforce legally. Therefore, a written agreement serves as a formal document that can be referred to in case of disputes.

Right to safe and livable conditions

Tenants are entitled to live in safe and habitable conditions. This includes having access to clean water, proper sanitation, functioning plumbing, electrical fittings, and structural integrity of the property. Landlords are responsible for ensuring that the property meets basic safety standards, such as fire safety and the structural soundness of the building. If the property is uninhabitable, tenants have the right to seek repairs or, in some cases, move out of the property without facing penalties.

Right to privacy

Privacy is a fundamental right for all individuals, including tenants. Landlords are prohibited from entering a tenant’s rented property without prior notice, except in emergency situations (such as a plumbing issue or fire hazard). The tenant must be notified before a visit, and landlords cannot enter the premises at will or without permission. If the landlord needs to inspect the property, this should be done with reasonable notice, typically 24 hours in advance.

Right to basic amenities

Tenants have the right to basic amenities that were agreed upon in the rental agreement, such as electricity, water supply, and sewage disposal. If these amenities are not provided or interrupted without notice, tenants have the right to request repairs or ask for a rent reduction until the issue is resolved. Landlords are obligated to maintain these services during the tenancy period.

Right to fair rent

Tenants have the right to pay fair rent, which is usually determined by the rental market in the area. In accordance with rent control laws, landlords are not permitted to increase rent arbitrarily. Rent hikes must follow the legal process, and they must be in line with the prescribed limits in the Rent Control Act of the respective state. Tenants can challenge excessive rent hikes through legal avenues if they feel the increase is unjust.

Right to rent receipts

Tenants have the right to receive a rent receipt for every payment made to the landlord. This document serves as proof of payment and can be useful for future reference or legal matters. A rent receipt should include the date, amount, and the rental period covered.

Right to security deposit refund

Tenants are entitled to a refund of the security deposit at the end of the tenancy, provided they have fulfilled their responsibilities, such as returning the property in good condition and settling any outstanding dues. Landlords are not allowed to withhold the security deposit without valid reasons, such as damage to the property or unpaid rent. If the deposit is withheld unjustifiably, tenants have the right to challenge this legally.

Right to protection against arbitrary eviction

Under Indian law, a tenant cannot be evicted from the property without due process. Landlords must follow a legal procedure, which includes providing a valid reason for eviction and adhering to the notice period as stated in the rental agreement. In most cases, landlords must seek approval from the court if the eviction is contested by the tenant. In the case of a wrongful eviction, tenants have the right to seek legal recourse for compensation or reinstatement.

Right to renewal of tenancy

Tenants have the right to a renewal of their lease agreement, particularly if the agreement includes a renewal clause. If the landlord intends to end the agreement at the end of the tenancy period, they must provide sufficient notice. The tenant has the right to negotiate new terms for the renewal, including rent and the length of the lease.

Right to file a complaint

If tenants feel their rights are being violated—whether it’s about the rental agreement, eviction procedures, or unaddressed maintenance issues—they have the right to file a complaint with the relevant authorities. This could be with the rent control board, consumer forums, or housing authorities. In extreme cases, tenants can seek legal recourse in civil courts to ensure their rights are upheld and disputes are resolved.

Right against discrimination

Tenants are protected against discrimination based on race, religion, gender, caste, or disability. Landlords cannot refuse to rent out their property or impose unfair terms due to these factors, ensuring equal opportunities for all potential tenants.

Duties of tenants in India

While tenants have several rights that protect them, they also have specific duties that help maintain a harmonious living arrangement. These responsibilities are essential for the upkeep of the property, ensuring that both the landlord and tenant’s interests are respected. Below are the primary duties of tenants under Indian law:

Payment of rent and other charges

The most fundamental responsibility of tenants is to pay rent on time as per the terms of the rental agreement. This includes paying the agreed-upon rent amount by the due date, and if applicable, any additional charges such as maintenance fees, utility bills, or property taxes. Failure to pay rent on time may lead to legal consequences, including eviction. Tenants must also keep receipts or proof of payment as a record in case of disputes.

Taking care of the property

Tenants are responsible for maintaining the property in good condition during their stay. This includes keeping the property clean, avoiding damage, and notifying the landlord of any repairs needed. Tenants must also ensure that no illegal activities are taking place on the property, and they should take reasonable care to prevent damage to the property from activities like smoking, cooking, or keeping pets. Failure to take proper care of the property may result in deductions from the security deposit or legal action for damages.

Complying with local laws and building regulations

Tenants are required to comply with all local laws, building codes, and municipal regulations while occupying the property. This includes following guidelines regarding waste disposal, noise levels, and any other local ordinances. They must also adhere to the building’s rules and regulations, such as restrictions on parking, pet ownership, or modifications to the premises. Tenants should make sure they do not violate these laws to avoid fines, penalties, or disputes with neighbors or the landlord.

Giving notice before vacating the premises

Tenants are obligated to provide a notice before vacating the rented property, as specified in the rental agreement. The notice period is typically 30 days but may vary depending on the terms agreed upon. This notice allows the landlord to find a new tenant and ensures that the tenant does not face penalties for leaving abruptly. If the tenant vacates the premises without giving notice, the landlord may deduct the amount from the security deposit or pursue legal action.

Returning the property in good condition

At the end of the tenancy, tenants are expected to return the property in the same condition as it was when they first moved in, except for normal wear and tear. This includes cleaning the property and ensuring that no damage has occurred. Any damage beyond reasonable wear and tear, such as broken appliances or damaged walls, should be repaired at the tenant’s expense. Returning the property in good condition ensures that the security deposit is refunded in full.

Adherence to terms of the rental agreement

Tenants must adhere to all the terms and conditions specified in the rental agreement. This may include rules on the number of occupants, pet policies, subletting clauses, or restrictions on modifying the property. If a tenant violates the terms of the agreement, the landlord has the right to take legal action, which may include eviction. Tenants should thoroughly review the rental agreement before signing to ensure they are comfortable with all terms.

Housing.com POV

Tenants in India have a set of rights and duties that are designed to ensure a fair and balanced relationship between them and their landlords. Understanding these rights, such as the right to a written rental agreement, safe living conditions, privacy, and protection against arbitrary eviction, empowers tenants to navigate rental agreements and address disputes effectively. Similarly, fulfilling responsibilities like timely rent payments, maintaining the property, and adhering to the terms of the rental agreement are crucial to avoid conflicts and ensure a smooth living experience. By being aware of both their rights and responsibilities, tenants can foster a harmonious and legally sound rental arrangement, while also knowing how to seek legal recourse if needed. Ultimately, clear communication, mutual respect, and adherence to legal guidelines are key to preventing misunderstandings and ensuring a positive rental experience for both parties.

FAQs

Can a landlord increase rent during the tenancy?

Rent can only be increased as per the terms stated in the rental agreement or according to the state's rent control laws. Any increase must be justified and should follow legal procedures.

What happens if a tenant does not pay rent on time?

If rent is not paid on time, the landlord may issue a notice for payment or initiate eviction proceedings. Tenants may also be required to pay late fees as specified in the agreement.

Can a tenant sublet the property?

Tenants are generally not allowed to sublet the property without the landlord’s consent. Subletting without permission may lead to eviction or legal action based on the terms of the rental agreement.

How long does a landlord have to return the security deposit?

The security deposit must be refunded to the tenant within a reasonable time, usually within a month, after deducting any unpaid dues or damage costs. Delays can be challenged legally.

Can tenants make alterations to the rented property?

Tenants cannot make permanent alterations or renovations to the property without written consent from the landlord. Any unauthorized changes could lead to penalties or deductions from the security deposit.

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
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