Table of Contents:
- Eviction Laws
- Repairs And Maintenance
- Right to Privacy
- Tenants Hold the Right to Decline Rent Agreement Renewal
- Every Tenant has the Right to Request a Receipt
- Tenants are entitled to a Notice Period
- Security Deposit
- Tenant Rights Extend to Your Legal Heirs
Tenant rights in India play a pivotal role in ensuring the fair treatment of tenants by landlords. Renting a property is a common practice in India, whether for residential or commercial purposes. To protect the interests of tenants, Indian law has established several rights and regulations. In this article, we'll delve into the essential aspects of tenant rights in India, providing a better understanding.
8 Important Tenant Rights In India
1. Eviction Laws
Landlords can initiate eviction proceedings if tenants breach the rent agreement or fail to pay rent. However, Indian law prescribes specific procedures that must be followed. The landlord must provide a valid reason for eviction. Like some of the below-mentioned instances:
Non-payment of rent by the tenant.
Failure of the tenant to adhere to the property usage policies set by the landlord
Alterations made by the tenant to the property's structure
Damage caused to the rented premises by the renter.
The property owner intends to carry out repairs or renovations on the premises.
The tenant's issuance of a notice period and the property owner's decision to sell the house or offer it for sale
In the event of the landlord's demise, the legitimate necessity of the property for the landlord's heirs
As per tenant law in India, tenants have the right to defend themselves in court and should consult with legal experts if facing eviction.
2. Repairs And Maintenance
Tenants are entitled to a safe and habitable living environment. Landlords are responsible for maintaining the property in good condition. If repairs or maintenance are needed, tenants should promptly notify the landlord in writing. If the landlord fails to make necessary repairs within a reasonable time, tenants can approach local authorities for assistance.
Moreover, as per the legal rights of tenants in India, in the event of a tenant's delay in paying utility bills or rent, the landlord does not have the authority to disconnect services. Only municipal authorities or the service provider possess the right to take such action.
3. Right to Privacy
Tenants have the right to privacy on their rented premises. After registering the rent agreement, landlords cannot enter the property without the tenant's consent, except in emergencies like fire or flood. Furthermore, before entering, the landlord must provide reasonable notice to the tenant.
Suggested Read: Rent VS Buy: Decoding The Most Debatable Real Estate Question
4. Tenants Hold the Right to Decline Rent Agreement Renewal
In most cases, rental agreements in India have a standard duration of 11 months, and they can be renewed as needed. The initially agreed-upon rental amount remains fixed for the entire lease period and cannot be altered midway.
Typically, landlords tend to increase the rental rates each time the agreement is renewed, often by approximately 10% of the existing rent, though this increase is open to negotiation. However, tenants are not obligated to renew the agreement if they find the proposed new rent to be unsuitable. In such situations, tenants can serve the requisite notice period to the landlord and vacate the premises.
If renters believe that the requested rent increase is unreasonable, they do have the option to pursue legal action, although this is a rare occurrence.
5. Every Tenant has the Right to Request a Receipt
The Tenant Rights in India has given every tenant the right to request a receipt for their monthly rent payment, which can be made in cash, by cheque, bank transfer, or any other legally accepted method. The rent agreement may specify the preferred payment mode. The receipt should display the rent amount and the date when the landlord received the payment and bear the landlord's signature.
6. Tenants are entitled to a Notice Period
Tenants are entitled to a notice period, as a rental agreement doesn't confer property ownership on them. This means landlords cannot abruptly ask tenants to vacate the premises with no warning. Landlords are obligated to provide tenants with sufficient time to find alternative housing, commonly referred to as the 'Notice Period.' Typically, a month's notice period is specified in the rental agreement. However, if both the landlord and tenant agree, this notice period can be shortened or waived. Additionally, tenants also have the option to initiate a notice period themselves.
Suggested Read: Find Out The Tax Benefits of Renting Out Your Property
7. Security Deposit
Landlords often require tenants to pay a security deposit before moving in. In India, the security deposit typically amounts to one to six months' rent. Tenants have the right to receive their security deposit back, with interest, at the end of the tenancy, minus any deductions for damages or unpaid rent. Tenants need to maintain a record of the deposit payment and the conditions for its return.
8. Tenant Rights Extend to Your Legal Heirs
The lease agreement is typically between the primary tenant and the landlord, but the tenant's family and legal heirs enjoy equivalent rights. In the event of a tenant's passing while residing in a rented property, as per the tenancy rights after death, their family retains the option to continue occupying the leased space. In such circumstances, the tenancy rights transfer to the tenant's inheritors, which could include a spouse, parents, son, unmarried daughter, or widowed daughter-in-law. However, this entitlement is not applicable if the successors have not been residing on the property with the deceased tenant.
Suggested Read: 10 Common Mistakes Landlords Make
Conclusion
Tenant rights in India serve as a fundamental cornerstone in ensuring that the scales of justice are balanced between landlords and tenants. It is through these Tenant Rights in India that individuals and businesses can find shelter and establish their endeavors without the looming specter of uncertainty. Tenants must become familiar with the particular complexities of their local rent control laws, keep detailed records, and obtain legal representation when necessary in order to exercise their rights successfully.
By embracing Tenant Rights in India, tenants can confidently navigate the intricate terrain of the Indian rental landscape, guaranteeing a secure and pleasant living or working environment.