If you are a tenant, read to know your rights
What's the story
Renting a property in India is not as straightforward as it might seem.` Both landlords and tenants have well-defined rights and responsibilities to ensure a hassle-free tenancy period. This article aims to highlight the key aspects that Indian tenants need to know to safeguard their interests and prevent potential disputes.
Rental agreement
Know your rental agreement
A rental agreement is a legal contract between a landlord and tenant that defines the terms of the rental. It is important for tenants to fully understand the agreement before signing it. This includes knowing the amount of rent, when it should be paid, the security deposit, who is responsible for maintenance, and how much notice needs to be given if you want to vacate or renew the agreement.
Security deposit
Security deposit rules
In India, most landlords require a security deposit before you move in, which is usually two to six months' rent. This deposit protects the landlord from damages or unpaid bills you might leave behind. It's important for you to make sure the rental agreement specifies the terms for refunding this deposit.
Maintenance
Maintenance responsibilities
Knowing who is responsible for what maintenance can save renters from unexpected costs during their lease. As a general rule, minor repairs and routine maintenance are the tenant's responsibility, while major repairs or structural issues are the landlord's responsibility. That said, these terms can be different based on what is agreed upon in the rental agreement.
Privacy
Right to privacy
In India, tenants have the right to privacy once they rent a property. Landlords cannot enter the rented premises without providing prior notice, unless there's an emergency or urgent repairs/maintenance that can't be delayed. A reasonable notice period is 24 hours before such visits. This law fosters a comfortable and private living environment for the tenant, while still enabling the landlord to take care of their property.
Eviction
Eviction rules
India's eviction laws strongly shield tenants against unjust eviction. Landlords can't arbitrarily evict tenants; they need valid reasons such as non-payment of rent for multiple months in a row, breaking of the rental agreement, or illegal use of the premises. A proper notice period is compulsory before initiating eviction proceedings. This system fosters a harmonious relationship, enabling both parties to fulfill their responsibilities without disputes.