If you have been living on rent, the term tenant is likely familiar. Yet, despite being a common term in real estate, many tenants are unaware of their legal rights. Over time, tenancy laws in India have evolved, providing better protection to tenants in case of disputes. Infinity Housing explains what tenants need to know to safeguard their interests.
Who is a Tenant?
A tenant is an individual who temporarily occupies a property belonging to someone else (the landlord) and pays rent for its use. The rent agreement clearly defines the terms and conditions of tenancy, mutually agreed upon by the tenant and landlord.
While specific responsibilities may vary depending on the agreement, some tenant rights are protected by law and applicable across India.
Features of Tenancy
- Legally Binding Agreement: The rental terms—rent amount, payment schedule, duration, and property usage—are documented in a rental agreement.
- Payment of Rent: Tenants pay rent as agreed. Landlords can charge late fees or pursue legal action for non-payment.
- Exclusive Possession: Tenants have the right to occupy the property exclusively but must follow the agreement and avoid property damage.
- Maintenance Responsibilities: Tenants handle minor repairs and upkeep, while landlords are responsible for major repairs, as stipulated in the agreement.
- Right to Privacy: Tenants have the right to privacy and to be informed about landlord visits.
- Termination Rights: Both landlord and tenant can terminate the tenancy as per the agreement, usually after giving proper notice. Non-payment or violation of terms can also justify termination.
Tenant Rights in India
Tenants in India are protected under the Rent Control Act, 1948, among other legal provisions. Key rights include:
1. Right to Essential Services
Tenants are entitled to essential facilities such as water, electricity, parking, and sanitation. Landlords cannot cut access to these services even if rent is delayed. Complaints can be filed against landlords who revoke essential services illegally.
2. Right to Fair Rent
Rent must be reasonable and aligned with market rates. Any increase must follow the terms in the rental agreement. Typically, landlords provide three months’ notice before a rent hike, which is often capped around 10% per year, unless otherwise agreed.
3. Protection Against Unfair Eviction
A landlord cannot evict a tenant without valid reason or proper legal notice. Valid grounds include:
- Non-payment of rent for two consecutive months
- Objectionable or illegal behavior
- Damage to property
- Landlord requiring the property for personal use
Legal procedures must be followed to secure eviction.
4. Right to Legal Documentation
Tenants have the right to a legally binding rental or lease agreement, outlining rent, payment frequency, responsibilities, and other agreed-upon terms.
5. Right to Security Deposit
Landlords must return the security deposit as per the agreement, usually at the end of the tenancy. Tenants must provide the agreed notice period before vacating.
Tenant Verification: Is It Compulsory?
Tenant verification is mandatory under Section 188 of the Indian Penal Code (IPC). Landlords must conduct police verification before renting out the property. Failing to comply may result in penalties, fines, or imprisonment.
Tenants’ Rules & Regulations in India
Key rules tenants should know:
- Tenants and landlords must have a legally binding rental agreement.
- Rent must be paid as per the agreement, usually monthly. Tenants can request rent receipts.
- Security deposits are collected at the start of tenancy and refunded at the end, after lawful deductions.
- Evictions require a valid legal order and proper notice.
- Tenants may form associations in certain states to protect their rights.
- Tenancy laws vary by state, so it’s important to be aware of local regulations.
Having a clear understanding of tenant rights and legal protections helps in countering unjustified demands and resolving disputes smoothly.
Frequently Asked Questions
A tenant is an individual who occupies a property owned by someone else and pays rent for its use under an agreed tenancy arrangement.
No. Tenants cannot be evicted without following proper legal procedures, including serving a notice and obtaining an eviction order if required.
Rent agreements are typically for 11 months to avoid mandatory registration requirements, reduce stamp duty costs, and provide flexibility to renew or exit the arrangement.
