Tenant Laws in India| BareLaw

Authored by: Karan Gautam

To promote positive landlord-tenant relations, tenants must be aware of their legal rights. Tenants in India are entitled to various protections, such as the right to a habitable living area and protections against eviction. This introduction delves into the legal framework that protects renters' rights in India, providing tenants with the necessary knowledge to confidently negotiate the rental market and stand up for their rights within the law. Tenants' legal rights include the right to privacy. Landlords are only permitted to evict tenants under the Rent Control Act for certain reasons, such as deliberate nonpayment of rent, subletting without permission, creating a nuisance, or when the landlord needs the space for personal occupation.

Tenant interests are currently protected by the Rent Control Act of 1948 and various state rent control measures, making it impossible for landlords to take advantage of their tenants. Tenants are granted numerous rights under the 1948 Rent Control Act.

Indian Tenant Rights

Here are a few of them:

• First and foremost, the most crucial query that comes up while renting a house is: How much will it cost? Every renter has the right to a fair and reasonable rent amount for the property. The market rates for comparable properties in the neighborhood will be used to determine the rent. Depending on the property's location—urban or rural, in a developing or developed state, etc.—there are different rent caps. The rent that has been set in this manner must comply with each state's Rent Control Act. Should the Landlord fail to comply, the tenant will file a Consumer complaint filed in the Rent Courts against him.
• A tenant's most significant rights when renting a property is the right to a safe residence, which means that the renter has the right to verify that all safety precautions are in place before moving in. In addition, before he moves in, he can ask the landlord to fix any broken pipes, fix the air conditioner, heater, or generator, if any, or paint the property. If the tenant needs any repairs, he is entitled to call on the landlord.
• When the landlord is absent or gives the tenant instructions, the renter is responsible for making the necessary repairs on his dime; the landlord will later reimburse him. The rental agreement between the landlord and tenant may contain provisions stating which expenses are the landlord's responsibility and which ones must be covered by the renter. In India, tenants are entitled to reasonable rent practices.
• The landlord is not allowed to just drop by the tenant at any moment; instead, he must always respect the tenant's privacy. Before visiting, he must give the tenant at least one day's notice. This notice must be given during reasonable business hours, excluding emergencies, in which case only the landlord may enter the property. Tenant rights in India are respected by requiring sufficient notification before landlord entry.
• The terms and conditions of the rental agreement shall always bind both the Landlord and the Tenant. The tenant must file a complaint in the small causes court if the landlord violates any of the provisions of the rental agreement, and the authorities will issue an order based on their judgment.
• Tenants may end the lease and vacate the property if they believe the landlord has broken any of the terms of the agreement.
• When the landlord wishes to evict a tenant, he must provide the tenant with a fair and reasonable opportunity, and he may only do so if he has the necessary reasons.
• Tenants are entitled to see and study all of the terms and conditions of the rental agreement and are free to discuss and agree upon any additional terms with the landlord. Once more, the tenant and the landlord will work together to design the agreement.

Lawful Requirements

In the legal sense, "legal provisions" refers to the clauses or contract provisions that are included in legal documents or laws. Provisions in accounting refer to earnings set aside for particular costs or uses.

• Examining Legal Provisions: Legal provisions are essential to contracts and agreements to safeguard the interests of all parties concerned. This discourse explores the workings of the legal rules, providing pertinent instances for elucidation.
• Functionality of Provisions: Generally, provisions require that one or more of the parties concerned do an action before a certain date or within a certain time range. They can be found frequently in contracts, loan paperwork, local laws, and the fine language that comes with some financial securities.
• Bonds may, for example, have a call provision that establishes the bond's retirement date for the corporation. A further illustration is the sunset clause, which is incorporated into some laws and automatically repeals them if a legislature does not reenact them by a certain date.
• The ramifications of non-compliance: A legal agreement is broken when a provision is not followed. When this happens, the guilty party has to make things right, which usually means paying compensation.

Tenants in India are entitled to certain legal protections. Tenants are guaranteed the safety and non-disrespectful treatment of their landlords when residing in rental premises because of these rights.

The Cabinet recently adopted the federal government's Model Tenancy Act 2021 ("Model Act"), which was then sent to all states and union territories for approval. The Model Act seeks to establish a rent authority to regulate the rental of real estate, protect the rights of landlords and tenants, and provide expedited dispute resolution procedures for relevant matters.

Fair Rent Rights

When leasing out a home, a landlord is not permitted to charge astronomical rent. Evaluating a house before renting it out is a crucial step. Should the renter believe that the rent is unfairly excessive given the property's worth, they may file a lawsuit to contest the amount. Rent is often determined by taking into account all expenses related to construction and property fixtures, or between 8 and 10% of the property's total worth.

The tenant may be required to pay the landlord every month for two months using a postal money order or another manner permitted by applicable legislation if the landlord refuses to accept any rent or other charges that are due or refuses to issue a receipt. Following this time, if the landlord still refuses to take the rent and other fees, the tenant may deposit the funds with the Rent Authority by the applicable laws.

Privacy Right

Every renter is entitled to privacy within their residence. The landlord may only access the property with prior authorization or notification, except for genuine emergencies like a bathroom fire or flood.

In addition, if the landlord harasses the tenant by refusing to receive rent or filing for eviction without a valid reason, the tenant may send a written notice to the landlord. The renter will request the bank account information so that rent can be instantly put into the landlord's credit. Rent can be paid to the landlord by money order if they don't respond. To deposit additional rent, the renter must apply to a Rent Control Court if this is their first time.

The Freedom to Live in Peace

Subject to the conditions of this section, the landlord may collect rent from the tenant when an unforeseeable incident makes the rental property unfit for the tenant or prevents the tenant from being able to live there. If the landlord refuses to make the required repairs after being contacted in writing by the tenant and the property is unfit without the repairs, the tenant may leave the property after giving the landlord written notice of fifteen days.

The right to compensation

Both the landlord and the renter are liable for the upkeep of the aforementioned premises, save from regular wear and tear despite any written agreements to the contrary. On the other hand, the landlord is responsible for maintaining the property's condition and handling all repairs. Any common areas that are utilized by both the landlord and the tenants must be maintained and repaired according to any provisions specified in the lease agreement.

The landlord has to pay back the renter if they have already paid for any repairs to the property or permanent fixtures. Let's say the landlord says no to fixing the issue. The renter may then choose to fix the damage themselves and deduct the cost from the rent that must be paid in the ensuing months. However, the rent deduction in any given month cannot be greater than 50% of the monthly fee that was agreed upon.

However, the tenant is responsible for paying for any damage to the property that results from their carelessness, and this amount may be taken out of their deposits. If the renter is unable or unwilling to complete the repairs, the landlord will require the tenant to reimburse the amount that was taken out of the security deposit within one month after the tenant's notification. Without the tenant's permission, the landlord may carry out the repairs if the tenant is unable or unwilling to do so. With the caveat that the tenant will have to reimburse the landlord for the difference within a month of getting notified from the landlord if the cost of such repairs exceeds the security deposit.

Case Laws

• V. Dhanapal Chettiar v. Yesodai Ammal (1979): In this case, the Supreme Court held that a tenant's right to claim protection under rent control laws is not absolute. The landlord can seek eviction if the tenant has committed acts of waste or nuisance, or has sublet the premises without the landlord's consent.
• Harbanslal Sahnia v. Indian Oil Corporation Ltd. (2003): The Supreme Court clarified that once a lease agreement expires, the tenant cannot claim the right to continue possession under the rent control laws unless the landlord accepts rent or renews the lease.
• P. Laxmi Reddy against L. Venkateshwara Reddy: Unauthorized occupation and subletting were the issues raised in this case. According to a ruling by the Supreme Court, the landlord is entitled to pursue eviction if a tenant subleases their space without permission.
• The Supreme Court stressed in Saraswati Devi v. Santosh Kumari (2003) that a legitimate reason for the landlord to evict a tenant under rent control regulations is the owner's genuine need for the space for personal use or the usage of family members.

Conclusion

In conclusion, the foundation of a harmonious landlord-tenant relationship in India is an awareness of and commitment to upholding tenant rights. Tenant empowerment through awareness of these rights, which range from decent living conditions to just eviction procedures, promotes a peaceful and legally protected renting experience in the varied terrain of India. Citizens generally don't comprehend their legal responsibilities and fundamental rights. And a lot of individuals use this ignorance to their advantage to get what they want. However, with the internet at your fingertips in this day and age, you may educate yourself on your legal rights and comprehend how the law gives you authority.