#TrendingNow: Tenant and Landlord Rights Explained in 2 Minutes
Looking to rent a house in a new city or willing to rent out your property for the first time? Know the tenant and landlord rights first to avoid legal disputes and unnecessary hassles.
We have explained tenant and landlord rights in detail so that you make an informed decision while renting or renting out a property.
5 Tenant Rights Explained
- Unjust Eviction
A landlord cannot evict you unreasonably or without a prior notice which is a minimum of 15 days. The reasons for legal evictions can be the following:
- Tenant using the residential property for illegal, commercial or any other purposes not mentioned in the rent agreement
- Tenant keeping rent due for two consecutive months
- Damaging the property, showing objectionable behaviour or if the owner himself is moving out
- Access to Basic Facilities
Landlords must offer access to basic facilities such as electricity, water, sanitation, parking, etc. A landlord cannot deny a tenant from accessing these facilities even if the rent is overdue. Penalty charges would be applied if the landlord fails to do so.
- Rent Amount
The landlord cannot increase the rent as per their wish. Any hike in rent should be as per the rental agreement. Also, if the landlord wants to increase the rent, they should inform the tenant 3 month in advance.
- Legal Heirs
In case of an untimely death of the tenant before the expiry of the agreement, the landlord cannot evict the legal heirs of the tenant.
They can live in the property till the agreement heirs. Legal heirs could include children, spouses, parents and daughter-in-law.
- Security Deposit
Landlords cannot ask for more than 2 months of security deposit. Also, at the time the tenant decides to vacate the property, before or after the agreement expires, the landlord is bound to pay back the security deposit.
However, the landlord holds the right to cut a certain amount of money from the deposit based on the expenses incurred due to maintenance costs, only if it’s explicitly mentioned in the agreement stating maintenance costs have to be borne by the tenant.
Also Read: What are the Current Stamp Duty and Registration Charges in Maharashtra?
4 Landlord Rights Explained
- Right of Eviction
Landlords have the right to evict unsuitable tenants, however, the Rent Control Act is applicable only for tenants of over 12 months.
To protect the rights and interests of landlords, the draft Model Tenancy Act 2020 was proposed. As per the act, here are some of the grounds based on which a landlord can evict a tenant:
- Subletting the property without the landlord’s permission
- Practicing illegal activities within the property’s premises
- Not paying rent
- Breach of rental agreement
- Right to Hike the Rent
Property owners hold the right to increase the rent periodically based on market rates. However, there’s a catch.
If the rental agreement is made for a specific period, the landlord cannot hike the rent within that period, unless a probable rent hike is explicitly mentioned in the rent agreement.
- Compensation for Overstay
Landlords have the right to double the rent for the first two months and can charge four times the rent upon the expiry of the lease agreement or rental period provided the tenant overstays in the property premises.
- Maintenance Charge
Any expenses incurred due to property maintenance should be taken care of by the party mentioned in the rent agreement. The agreement should explicitly mention who takes off what for expenses incurred due to property maintenance.
If the landlord’s name is mentioned and they refuse to do the needful, the tenant holds the right to deduct the expenses incurred from the monthly rent.
Similarly, if the tenant’s name is mentioned in the agreement, and the tenant fails to provide the maintenance charge, the landlord holds the right to deduct the amount incurred in expenses for the security deposit.
Final Word
Always know your rights before renting or renting out a property. It would help you avoid unnecessary hassle. In case your tenant or landlord is violating the rental agreement, you can directly reach out to your nearest police station. Keep your rental documents handy while filing the complaint.
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Disclaimer
This article is solely for educational purposes. Navi doesn't take any responsibility for the information or claims made in the blog.
