Tenancy culture is popular in India, with every other house offering additional residential options for families/students that are looking for one. But with the growth of this wing of housing sector it has been widely noticed that tenants are unaware of their rights and in most cases are dominated by the landlords.
The lease agreement is a piece of paper that defines the boundary of tenant-landlord relationship. Therefore, in the event of any misconduct witnessed on either end, it is this lease document that’ll help bring both parties to justice.
Through this article, we bring into light rights of a tenant and under what circumstances he can say a clear cut ‘NO’ to a claim or conduct of the landlord –
1. No intrusion
After signing the lease agreement, the landlord loses his right to break into the rented property anytime and disturb the peace of the tenant.
In short, every tenant has the right to enjoy peaceful possession without disturbance from anyone including the landlord.
2. Forced Extension
Owner holds no right to force the tenant to continue with the tenancy deal. After giving a valid reason, every tenant has the right to vacate the property.
3. What if the Tenant Dies?
If the tenant dies, it is his lawful heir who after him will continue with the tenancy deal. The landlord does not hold the right to ask the heir of the tenant to vacate without giving a valid reason.
4. Oral Agreement
According to the government of India tenancy laws regime, all agreement exceeding the time frame of twelve months are required to go in writing. So, if the landlord insists on an oral agreement, tell him that you’d rather prefer everything in writing.
5. Passing on the Liabilities
As per law, any expense born on the structural changes or damages are to be fulfilled by the landlord.
6. Deposit Settlement/ Return
Tenant has the right to ask the landlord to settle the rent against the deposit amount during the notice period.
If that is not the case, when the tenant is vacating the property, landlord is under obligation to refund the security amount deposited.
7. Revision in Rent
The landlord can only increase the rent in accordance to the terms agreed upon in the loan agreement. Also, the increase in rent amount should obey the state law proposed formula to calculate hike percentage.
8. Evict the Premises
At no given point of time can the landlord ask the tenant to evict the property. Not only he is required to give the tenant a valid reason but also a reasonable time frame ( 1 month, as per law) to search for an alternative.
