Rights of tenant under the landlord and tenant laws are discussed here in this article. To begin with what exactly is tenancy? A tenancy is an agreement that is created between the owner of the property or the landlord and the person who agrees to take that property title over their name on lease or payment of rent. Each state has its own legislative rules and regulations regarding the rent control act. India is a country with a huge population and diversity of cultures, where people from other state come to live in to the other state for a short duration due to their job concerns or education.
In such scenario buying a property is not always going to help, that is why this rule of renting out the property was inserted in the legislative. The acts of rent control not only safeguards the interest of the landlord but as well as of the tenants because at times they are the ones who suffer a lot.
10 Rights of tenant under the landlord and tenant laws
When a person takes an over a property on Lease it is usually considered for a year and after one year they either renew it or as soon as the lease ends they have to leave the property. On the other hand, when it comes to giving out property on rent, the payment of rent is done on the very first basis and then the agreement of stay continues. Few of the basic rights of tenant under the landlord and tenant act are mentioned below:
1. Right to privacy
Usually what happens is when landlord gives their property on rent they forget about the privacy factor. They are still under the view that they can go to that property area without any permission and are free to disturb out the privacy of the person who is the lessee.
To avoid such situations, the tenants should be aware of this fact that the landlord is not allowed to enter their premises without any sought of permission from the tenant.
2. A written agreement
It is important there exist a written agreement between the parties to safeguard the interest of both. A mere oral agreement will not have any effectiveness in front of law as compared to a well-written agreement.
It is the right and the responsibility of the tenant to make sure that he/she gets the photocopy of the duly signed and attested Legal Document that states out the terms and conditions of the contract. However, the original document stays with the landlord.
The tenant has the right to live in a well-maintained house before the contract has been started the decision about how to take of the property was entirely upon the landlord. However, once the agreement had begun the maintenance issues has to seek permission and acceptance of both the landlord and the tenant as well.
The tenant has to inform about any sough of renovation that he/she wishes to do prior to doing it. Also during the course of the tenancy, the tenant will have to pay up for all the maintenances and services that are being done to make his/her living a comfortable one.
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4. Essential Supplies
The landlord has to give access to the essential things such as the electricity, water, Parking space or allowing to use the terrace. However these conditions are always mentioned in the agreement, but the landlord being the greater authority try to be dominant over the tenant by either cutting down the supply of the Electricity or Water just to create a bit of trouble for the Tenant.
5. Right to bring in guests
The tenants do have the right to bring their guests to their place and in fact, they can even stay up for fewer days as well. However, if the landlord doesn’t want them staying of extra people into their house then it should have been mentioned into the agreement priory.
Tenants can have their guests or have certain occasion party as well. However, the party must not create disturbance for the other neighbors and the landlord as well.
The tenant must be aware of the rules set under the Rent control act for that particular state where he/she is residing. For example, in Delhi, the maximum rent that can be taken is the 10% of the construction and the market price of the land, but the cost of construction and the price of land both should be based on the initial values when the house was made.
So in simpler words older the house, lesser the rent. The date of payment of rent can either be set up by the landlord alone or by both of them with mutual consent.
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7. Tenants and the legal heirs
In case something happens to the existing tenant the successor or the legal heir gets the right to continue the living in that property. The order of the legal heirs is as
- Unmarried Son/Daughter
- Daughter-in-law (who is the widow of the predeceased Son)
However, if there are no Legal Heirs to the tenant then the contract of tenancy or the lease agreement will cease immediately.
Also, it is entirely upon the legal heirs if they wish to renew the tenancy or lease agreement on the expiration of it or just leave it.
8. No Increase in maintenance
If the tenant thinks that there has been an increase in the cost of the maintenance by 50% of the agreed rent, then such a property of living becomes unhabitable. The tenant has the power to leave the house by first giving a 14 days prior notice of leaving the place.
However, the also have the option of going to the local authorities who look after the rent control matters of that area.
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9. Security Deposit
The landlord can ask for a security deposit as they have the right to, but the deposit sum cannot be over three times the monthly rent. In a situation where the deposit goes above the amount then they can leave up the place. However, as the rent differs from state to state this as well differs.
Security deposit taken before giving an apartment or house or room to the tenant has to be returned to the tenant after the one month when the tenancy agreement ends. The landlord can deduct from the deposit the amount of the extra maintenance, but it has to be discussed with the tenant first.
10. Prior Notice of eviction
It is entirely in the hands of the landlord that when he/she wishes to have their property empty. If the tenant is not able to pay up the rent for two consecutive months then they will have to leave the premises.
An eviction notice of few days prior is a must thing to be given to the tenant so that they start searching for an alternative as well. However, the landlord must have a solid reason to answer on what basis they want the tenant to leave their property.
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These are the Basic rights that cover in for protecting the tenants from any sought of trouble that can be given to them by their respective landlords. Landlords everywhere are not that friendly and understanding, at certain places there are landlords who have a hobby of irritating their tenants or making them cringe about certain things with their presence. However, they do have the habit of poking their nose into everything and everywhere so all the tenants should know that they can mention the word “privacy” when such a situation comes up. However, the Tenancy rights are different for each state, at some places they are much strict and at some it is just the opposite. Being a tenant you have to be aware of everything and avoid any unusual disturbances and damages that can point over you.
So, these were some basic rights of tenant under the latest landlord and tenant laws. I hope this article was informative for you. Kindly comment below to share your experience as a tenant before.