Renting a House OR a Property are often a difficult task. once I was moving to Green City (Bangalore), many of my friends shared several stories of their flat mates and owners, trying to warn me about the danger I used to be close to take.
And that got me thinking—we can’t predict the personalities that we affect during this process, but how does the law protect tenants and therefore the landlord/lady?
What rights do I even have as a tenant and what are my obligations?
Can I be evacuated without proper notice?
What facilities should I expect once I shift in my new house?
The Government of India passed the Rent Control Act with the motive of controlling rent charges also on safeguard the tenants’ rights in terms of unauthorized eviction.
This law is decided by the government but is made on the inspiration of certain rights that tenants and landowners enjoy.
Before you rent a property (either as an owner or as a tenant), you want to look out surely points that guarantee you a secure transaction.
Since the rent rates and such other details vary in each state, here are the rules you’ll follow, as mandated by the Ministry of Housing and concrete Affairs.
- A Legal Written Agreement.
It is essential to possess a legal instrument between tenants and owners for the law to safeguard the interests of both the parties. An oral agreement isn’t legally binding, and nobody should ever accept it.
A ‘Legal Form’ of the agreement with signs from both the parties has got to be completed. The owner gets to stay the first form and therefore the tenants receive the duplicates. Until such time that the owner doesn’t provide a replica of the agreement to the tenants, they’re not obligated to pay the rent.
However, it’s not advised to not pay the rent if the agreement remains in process because the owner can ask you to evacuate on the grounds of non-payment of dues.
- Maintenance of the property.
Apart from the traditional wear and tear, both parties—the tenants and therefore the owners—are jointly liable for the upkeep of the property, unless the agreement specifies different conditions. for instance, as a tenant, you can’t pull down a wall, or because the owner, you can’t renovate the premises unless prescribed by both parties.
In the case that the tenants refuse to buy the repairs, the quantity are often deducted from their margin and if the owners refuse to pay, the quantity are often deducted from the periodic rent.
- Uninhabitable conditions
If the worth of maintenance crosses 50% of the agreed rent, the home is considered to be ‘uninhabitable.’ If the owner refuses to influence it, the tenant(s) have the proper to vacate their premises with a 15-day written notice to the lessor. they will also approach the local Rent Authority to influence the matter.
- Damage of property after tenancy commences
Once the tenants occupy the house, they’re liable for maintaining the first conditions (again, apart from the minimal, normal wear and tear). they can’t intentionally or negligently damage the property and if within the cases that such damage does occur, they need to notify the owner immediately.
- the owner or landlady cannot entire the premises without prior notice
Whether it’s to hold out repairs, check the conditions of the house or the other reason stated in your rental agreement, the owner cannot enter your premises without a 24 hour written notice.
They must inform you of their arrival beforehand and can’t perform surprise checks—whether you’re a family or a group of bachelors renting the house. The Model Tenancy Act also says that the entry must be between 7:00 AM and 8:00 PM.
- Essential supplies
Essential services just like the supply of water, electricity, parking, communication links, sanitary services etc. are the essential rights of tenants.
These services can’t be stop or withheld by either the tenants or the owners—even within the case of non-payment of dues.
In such a case that the essential supplies are stop by either party, the local Rent Authority may intervene, initiate an inquiry and should also levy a penalty on the party also as a compensation to the aggrieved party.
- Eviction of tenants
Tenants could also be asked to vacate the premises if they fail to pay their full rent for 2 consecutive months.
In addition to the present , if the tenants have parted ways with the property (for an extended period of time) without a written notice or if they’re encroaching upon additional property or misusing it (so on cause common nuisance , for illegal activities) or damaging it, they will be lawfully asked to evacuate the premises.
If the tenants fail to try to to so within the required time, the landowner is entitled to double the monthly rent as compensation.
- Death of the tenant
If the tenant passes away, the proper of tenancy for the remaining period of time (according to the rental agreement) goes to his/her successor within the following order:
– Husband or Wife
-Daughter in law (who is that the widow of a predeceased son)
This is lawful as long as the successors were living with (or in cases of non-residential tenancy, working within the premises) alongside the deceased tenant. within the case that none of those successors lived with the tenant, the lease ceases immediately.
- Rent payable
In the case of a replacement tenancy, the landowner and therefore the tenant need to agree upon the payable rent as stated on the agreement. If the rent is revised, the landowner must inform the tenants three months beforehand.
The chargeable rent is typically determined by the entire value of the building consisting of the market price for some of the land, cost of construction and value of amenities.
However, the set percentage of this market price which will be charged as rent changes consistent with the state of residence. Please ask the links below to see this.
According to the Draft Model Tenancy, it’s unlawful to charge a margin which is over 3 times the monthly rent. However, a bit like the rent charges, the speed of the safety deposit is decided by the state laws. inspect the link below to ascertain what proportion deposit you’re susceptible to pay in your city.
Once the premises are vacated, the owner must refund the safety deposit to tenants within one month. they will deduct the liable amount from this (after discussion with the tenants and agreement by both parties) before refunding the quantity.
These laws are consistent with the Draft Model Tenancy prescribed by the Ministry of Housing and concrete Affairs, and performance as general guidelines to stay in mind before getting into or renting your home.
Read these Rental Rules before signing the agreement.