What Are Your Rights As A Tenant Under Landlord-Tenant Laws

In every legal relationship, it is important that each party knows his rights and liabilities. Being aware of your rights and responsibilities avoids the chances of any dispute. In the case of tenancy, the right to live and enjoy the premises is given to tenant. The tenant has certain rights like right to protection against eviction, right to privacy which landlord should protect. There are certain laws which govern the tenant – landlord relationship.

Laws related to tenancy

In 1948, the central rent control act was passed. It provides the rules for letting out the property and protects the rights of tenant and landlord both. Now, all the state has their own rent control Act. The 1948 Act was stringent and pro – tenant due to which estate market has had difficulty in growing in some areas.

The central government in 2021 framed the Model Tenancy Act 2021, and distributed it to all states and UTs for their approval. The Act aims to control the rental of real estate properties.

Rights of tenant under Landlord – tenant laws

• Right against unlawful eviction: There are certain grounds on which landlord can initiate the eviction proceedings. The landlord should provide valid reason for eviction. The reasons can be non – payment of rent, alterations made by tenant in property’s structure, damage caused to rented premises, change of use by tenant etc. There is a specified procedure for eviction which the landlord have to follow.

• Repairs and Maintenance: The landlords are responsible for maintaining the property in good condition. The tenant can notify in writing to landlord regarding the repairs and the landlord have to make the necessary repairs within reasonable time. If landlord fails then tenant can approach the appropriate authority.

• Right to request a receipt: The tenant has the right to request for receipt of rent payment. The receipt should mention the date of payment and the amount of payment. The mode of payment can be mentioned in the rent agreement.

• Notice period: As per the law, the tenant is entitled to notice period before evicting the house. One months’ notice period should be given to tenant so that he can search another premises. Landlord cannot abruptly ask to vacate the premises. If both the landlord and tenant agrees then the time period of notice period can be shortened.

• Right to fair rent: The landlord cannot charge extraordinary high amount of rent. Such amount of rent can be challenged in court. The amount of rent is fixed according to the value of the property.

• Right to privacy: The tenant has the right to privacy in the rented premises. The landlord have to give written notice before entering the house. He cannot enter the house every now and then. The period of notice depends upon each state law. In Rajasthan, the landlord can enter the house once in every three months after giving seven days of notice.

• Right to reimbursement: The tenant also has the duty to maintain the property. In case the landlord refuses to make repairs then tenant can do this from his pocket. The tenant can deduct the same amount from the rent. The duties of landlord and tenant to maintain the premises is as per the rent agreement. If the renter pays for a permanent fixture or property repair, the landlord must repay them.

• Right to security deposit refund: At the termination of tenancy, the tenant is entitled to return of security deposit. The landlord can deduct for any damage caused to the property by the tenant. The security deposit can refunded one month after the termination of tenancy.

  
  

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