Legal Rights of Tenants: What You Need to Know
Author: Yadla Poojitha Reddy, a Student of Damodaram Sanjivayya National Law University
Introduction
Legal protections are in place for tenants in India to make sure everyone has a safe and comfortable place to call home. Tenants and landlords should have a good relationship, therefore knowing their rights is important. Some of the most important rights of tenants under Indian law will be discussed here.
Notice of Eviction
As a renter, your first and greatest priority should be ensuring your safety against unlawful eviction. Nonpayment of rent, violation of conditions, or the landlord’s own usage of the property are all legitimate reasons under the Transfer of Property Act, 1882 for eviction. In addition, the landlord must follow the legal requirements for giving notice of eviction.
Fair Rent
The amount of rent a landlord may collect is set by the Rent Control Act. It makes certain that the rent is not excessive. The statute also forbids rent increases without sufficient notice, which is usually provided six months beforehand.
Right to Deposit
Tenants have the option of making a safe deposit with their landlord. The deposit is a protection for the landlord in case any harm occurs. The rental agreement should specify the terms under which the security deposit will be returned.
Safe and Habitable Residence
The duty to provide a secure, clean, and livable dwelling rests with the landlord. This involves providing people with the essentials like running water, power, and clean restrooms. The landlord must act quickly to fix any problems that arise with the building’s upkeep or repair.
Privacy
In a leased unit, the tenant is entitled to some degree of personal seclusion. Unless it’s an emergency, the landlord should always provide notice before accessing the property. The tenant’s privacy and property will be protected in this way.
Reimbursement Rights
A tenant has the right to request repayment for any costs expended in making repairs or performing maintenance that is the landlord’s duty. Important maintenance that affects the home’s livability falls under this category.
Status of Tenancy
Whether it’s a fixed-term lease or a month-to-month agreement, tenancy status should be established in the lease. This clarifies the lease’s length and other parameters for all parties involved.
Be a Wise Tenant
Tenants are expected to follow the guidelines outlined in the lease agreement. Tenant responsibilities include timely rent payment, upkeep of the property, and little disruption to neighbours.
Freedom of Lifestyle
Within the bounds of the law, tenants have the freedom to live as they see fit. They should, however, be mindful of their neighbours and avoid behaviour that threatens communal cohesion.
Right to Live Undisturbed
Tenant has the right to peaceful enjoyment of the rental unit free from intrusion by Landlord or others. Landlords are not allowed to harass tenants or invade their space without permission.
The Right to Quiet Enjoyment
This stipulation in the lease guarantees the renter privacy and peace of mind throughout their stay at the property. It includes the privilege of using the property free from undue interference.
Conclusion
If you’re renting a property in India, it helps to be aware of your legal protections as a renter. A good basis for a cordial landlord-tenant relationship is a thorough understanding of the applicable laws and provisions. If you know what you’re entitled to, you can fight for a place to live that’s secure, equitable, and pleasant.
