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Tenant Rights in India - If you are a Tenant Know Your Rights

29 Sep, 2023

 Your rental agreement will reference a date from which you can live in the house and a date for finish of the contract. This is most often a period of 11 months. Within that timeframe, the landlord cannot forcefully remove a tenant on just his/her urges and notions.

A. Tenant cannot be dispossessed without a valid cause

•          The tenant has not paid rent.

•          The tenant has not followed the landlord’s policies concerning how the property is to be used.

•          The tenant has made physical changes to the property.

•          The renter has produced damage to the rented premises.

•          The property owner wants to repair/renovate the premises.

•          The renter has issued a notice period, and the property owner has sold or accessible the house for sale.

•          The landlord has approved away, and his/her heirs have a genuine need for the property.

B. Renters must receive important maintenance services

Previously renting a property, landlords must ensure it is comfortable. The landlord is responsible for safeguarding essential maintenance services along with walls and a roof over your head. This includes a working connection for water and electricity. The utility bills generated for such services are payable by the tenant. Uniform if the tenant delays paying utility bills or the rent, the landlord cannot sever the connection. This step can only be taken by the municipal authorities or the service provider.

C. Tenants have the right to privacy in their home

Privacy is an important tenant right in India. After registration the Rent Agreement, the landlord can’t enter without a tenant’s agreement, and locks can’t be changed without a landlord’s approval. The property owner is not permitted to enter the rented portion, even with his/her spare key, except for an emergency.

D. Tenants can Refuse/Reject the Renewal of a Rent Agreement

Rent Agreements are usually for 11 months. This may be renewed as many times as required. The rental amount stated in the agreement is valid for the entire tenure and cannot be changed in between.

Property rentals are naturally raised every time an agreement is renewed. This is usually around 10% of the existing rental rate and is accessible. The tenant is under no responsibility to renew the agreement if the new rent asked for does not suit him/her.

E. Tenants are Eligible to Get a Receipt

A receipt for all payments is within tenant rights

Each month’s rent may be paid in cash, a cheque, bank transfer or any other type of legal transaction. In some cases, the preferred mode of payment may be mentioned in the Rent Agreement. Tenants can ask for a receipt; a rent receipt must show the amount paid by a renter, the date on which the property owner received the rent, and the landlord’s signature.

F. Renters must receive a Notice Period

Rent Agreement does not transfer ownership of the house to the tenant. Hereafter, the landlord can ask the tenant to move out anytime. Tenants cannot be asked to vacate the premises within a day. Property owners must give their tenants time to look for substitute accommodations. This period is tagged as the ‘Notice Period.’ Usually, a Rent Agreement stipulates a month’s notice period.

G. Tenants can fairly claim the security deposit given to the property owner

In adding to monthly rent payments, the landlord may also ask for a security deposit. This is a one-time payment. The security deposit classically equals three months’ rent, though it may be higher for furnished homes or extended leases.

H. legal heirs are entitled to your tenant rights

The Rent Agreement is signed between the primary tenant and the landlord. Though, the tenant’s family and legal heirs have the same rights as the tenants.

If a tenant dies while living in a rented house, his/her family can continue staying in the rented apartment. In such cases, the tenancy rights go to his/her inheritor. 

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Posted By PK