Scanning through Rights of Tenant against Landlord

Have you ever been a tenant? How was the feeling of residing at a place which does not belong to you? Did the landlord ever feel like a master – who could decide how loud you can be, how late you can come back home at night, whether you can bring friends at home or not? Every person renting a property as a tenant should know the rights of tenant against landlord. It clears the clouds to understand that while the premises belong to the landlord, the monthly rent so paid also accompanies some rights for the tenants. Let us explore the tenancy agreements and the rights to be exercised by tenants as per applicable provisions.

Law for Tenant-Landlord Relationship

To understand the rights of tenant against landlord, we need to explore the law governing this relationship. In India, there is no Central Law which uniformly governs tenancy in India. The Model Tenancy Act, 2021 proposes a framework for States and Union Territories to establish Rent Control Authority to regulate renting premises. It also seeks to protect the interests of landlords and the rights of tenant against landlord. It further seeks to provide a dispute resolution mechanism for tenancy cases.

If you wish to know clearly which laws are applicable, you need to select the State or Union Territory you are residing in, and click on it to access the specific Tenancy Laws applicable in your State/UT:

The Andaman and Nicobar Islands Tenancy Regulation, 2023 – Click Here.
The Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 – Click Here.
The Arunachal Pradesh Tenancy Act, 2022 – Click Here.
The Assam Tenancy Act, 2021 – Click Here.
The Bihar Tenancy Act, 1885 – Click Here.
The Chandigarh Rent Control Act awaits government approval and majorly governed by The Model Tenancy Act.
The Chhattisgarh Rent Control Act, 2011 – Click Here.
The Dadra and Nagar haveli and Daman and Diu Tenancy Regulation, 2023 – Click Here.
The Delhi Rent Control Act, 1958 – Click Here.
The Goa, Daman & Diu Agricultural Tenancy Act, 1964 & Rules 1965 – Click Here.
The Gujarat Tenancy and Agricultural Land Act, 1948 – Click Here.
The Haryana Urban (Control of Rent and Eviction) Act, 1973 – Click Here.
The Himachal Pradesh Tenancy and Land Reforms Act, 1972 – Click Here.
The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 – Click Here.
The Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 – Click Here.
The Karnataka Rent Act, 1999 – Click Here.
The Kerala Buildings (Lease and Rent Control) Act, 1965 – Click Here.
The Ladakh Tenancy Regulation, 2024 (Yet to be enforced) – Click Here.
The Lakshadweep Tenancy Regulation, 2023 – Click Here.
The Madhya Pradesh Accommodation Control Act, 1961 – Click Here.
The Maharashtra Tenancy and Agricultural Lands Act, 1948 (Click Here) and The Maharashtra Rent Control Act, 1999 – Click Here.
Manipur Land Revenue and Land Reforms Act, 1960 – Click Here.
The Meghalaya Residents Safety and Security Act, 2016 – Click Here.
The Mizoram Urban Areas Rent control Act, 1974 – Click Here.
Follows Model Tenancy Act and has The Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act, 1971 (Click Here).
The Orissa House Rent Control Act, 1967 (Click Here).
The Puducherry Buildings (Lease and Rent Control) Act, 1969 – Click Here.
The Punjab Tenancy Act, 1887 – Click Here.
The Rajasthan tenancy Act, 1955 – Click Here.
The Sikkim Land Tenancy Act, 2008 (Click Here) and The e Sikkim Tenants and Domestic and Professional Helps (Compulsory Verification) Act, 2008 (Click Here).
The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 – Click Here.
The Telangana Tenancy and Agricultural Lands Act, 1950 – Click Here.
The Tripura Building (Lease and Rent Control) Act, 1975 – Click Here.
The Uttarakhand Tenancy Act, 2021 – Click Here.
The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 – Click Here.
The West Bengal Premises Tenancy Act, 1997 – Click Here.

Landlord and Tenant in Tenancy Laws

What is defined in the specific law governing tenancy rights in a State or Union Territory signifies who is a tenant and a landlord. The usual definition of a landlord is a land owner or lessor, a person who receives/ is entitled to receive rent of any premises let out to a tenant. The definition of landlord also includes a successor-in-interest and a trustee/guardian/receiver so entitled.

On the other hand, a tenant may be known as a lessee or otherwise, a person who himself, or on whose behalf rent is payable to the landlord under tenancy agreement. A tenant also includes a sub-tenant or any person continuing in possession after termination of tenancy. It may not include a person against whom a Court order or decree for eviction is obtained.

General Rights of Tenant against Landlord

A tenant has a right to a written tenancy agreement which specifies the term and conditions of tenancy along with the rent details.
The tenant has a right to request the landlord seeking renewal or extension of tenancy. If the landlord agrees, the parties may enter into a new tenancy agreement on mutually agreed terms and conditions.
In case of death of the tenant, his/her successors enjoy all the obligations and rights of tenant against landlord for the remaining period of tenancy.
The tenant may sub-let or transfer/assign the rented premises to others through a supplementary agreement with the landlord.
The security deposit may be agreed upon and paid by the tenant to the landlord as per mutual agreement. However, it should not be more than 2 months’ rent for residential premises, or 6 months’ rent for non-residential premises.
Any increase in rent has to be in accordance with the rent agreement, and the Rent Authority may determine the revision of rent in case of dispute.
The security deposit should be refundable to the tenant on the day when vacant possession of rented premises is handed over to the landlord. It may be subject to due deduction in case of any liability of the tenant.
The rights of tenant against landlord also include retaining the original tenancy agreement. Therefore, signing two identical copies is recommended so that a copy remains with the landlord as well.
The tenant has to pay the rent agreed to as per tenancy agreement, to the landlord, and nothing in excess.
While the landlord is bound to give a duly signed recipe to the tenant on payment of rent, bank acknowledgment is held conclusive in case of electronic payments.
If the landlord refuses to accept the rent or other charges, the tenant may deposit the same with the Rent Authority.
The repairs and maintenance of rented premises has to be done as agreed upon between the tenant and landlord. Apart from normal wear and tear, both the parties are liable to keep the premises in good condition.
If the landlord is liable for carrying out repairs and maintenance, and refuses to do so, the tenant may carry out the same and deduct the expenditure incurred from the rent to be paid for upcoming months.
If the rented premises is not inhabitable and the landlord refuses to carry out repairs, the tenant may abandon the same after giving 15 days’ written notice to the landlord.
Also, when the premises are uninhabitable, the landlord cannot charge the rent for such a period until made inhabitable.
A tenant has the right to uninterrupted stay in the rented premises while the rent agreement is in force. Thus, the rights of tenant against landlord also include the landlord to inform in writing or through electronic mode, 24 hours prior to the visit in rented property. The said visit may be for carrying out repairs or replacement or getting any other work done. It could also be for inspection of the premises or other reasonable cause. It may be noted that emergent situations like war, flood, fire, cyclone, earthquake or any other natural calamity are an exception.
The tenant has a right not to be restrained from any essential supply or service in the rented premises withheld by the landlord or the property manager. The essential services include supply of water, electricity, piped cooking gas supply, lights in passages, lifts and on staircase, conservancy, parking, communication links, sanitary services and security fixtures and features.
A tenant cannot be evicted from the rented premises except for the terms and conditions of the rent agreement. However, exceptions may include bonafide requirements by the legal heirs on death of the landlord. In such cases, such legal heirs may file an application for eviction and recovery of premises.
In case of failure to pay rent in a timely manner, the rights of tenant against landlord also include payment of rent and other charges with interest within a month from date of demand notice.
If the landlord seeks recovery of possession by evicting the tenant, any rent or other advance payment may be refunded to the tenant after deducting the rent and other charges. In case of failure to pay the advance, tenant has the right to be paid simple interest on a prescribed rate.
A tenant cannot be evicted from the rented premises except for what is agreed upon in the rent agreement.

Conclusion

As discussed earlier, the rights of tenant against landlord are the genuine conditions of a tenancy relationship. All the rights of a tenant fall upon the landlord as a matter of obligations. The Rent Authority acts as a middleman for any kinds of disputes between tenant and landlord. While the rent agreement decides a lot of factors pertaining to tenant-landlord relationship, however, that is also subject to the applicable tenancy laws in the particular State or Union Territory.