Introduction

It is quite typical to rent property in India, but conflicts between tenants and landlords are also common. Most disputes arise from a lack of knowledge regarding tenancy laws, eviction procedures, rent agreements, and legal limits. Without transparency, landlords may abuse power or tenants may neglect their duties.

Indian law protects the rights of both parties to prevent harassment, unlawful eviction, property damage, rent fraud, and misuse of premises. These rules apply to all properties, including homes and commercial spaces.

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Importance of Knowing Rights for Tenants and Landlords

Rights of Tenants in India

In India, tenants are granted significant rights by law that protect against injustice, abuse of rental terms, unlawful eviction, sudden increase in rent or misuse of property. The rights are aimed at a stress-free, secure, and peaceful environment that provides comfort to the tenant.

Right 1: Right to Fair Rent

Right 1: Right to Fair Rent

This right is to ensure that the landlords do not charge exorbitant or unrealistic rent. Rent can never be imposed and always should be in agreement terms.

• In the rental agreement, the rent should be stated.
• The rent cannot be raised without any warning.
• Increasing rent has to be on state tenancy laws.
• The tenant is not compelled to pay unlawful payments.
• Any rent dispute may be resolved in the court of law.

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Right 2: Right of Securing Tenancy

A tenant cannot be displaced forcefully out of the property. The Indian law helps to save the tenant from unjust eviction or abrupt displacement.

• Prior to eviction, the landlord has to provide a notice.
• Without a court order, police are not allowed to take out a tenant.
• Tenancy protection is under the rent agreement.
• Eviction is determined by the court but not by the landlord.
• There is no one who can make a tenant abandon without providing a notice.

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Right 3: Right to Basic Living Conditions

The house owner has to supply the tenant with the safe, clean and usable property.

• Flying electricity, water and sanitation.
• Healthy construction and surroundings.
• Significant problems should be repaired by the landlord.
• Hygiene and safety should be taken care of.
• Unsafe living may be the subject of a lawsuit by the tenant.

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Right 4: Right to Privacy

The law gives the tenant complete protection of his or her privacy. The tenant has no right to be disturbed by the landlord without any notice.

• No unauthorized inspection.
• Landlord is not allowed to illegally enter the property.
• The installation of cameras into the house is not possible.
• The personal space of the tenant should not be violated.
• Harassment is an illegal offense.

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Right 5: Right to No Harassment

The landlords should not threaten or use force or any psychological pressure on the tenant.

• No threatening or abusive demeanor.
• No unlawful disconnection of electricity or water.
• No one is pressured into leaving without giving any notice.
• No forced entry into the house.
• Harassment may be complained against by tenants.

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Rights of Landlords in India

Legal rights are also enjoyed by landlords. They are safeguarded against rent defaulters, property destruction, unlawful possession and property misuse. The tenant is not able to abuse the house or refuse to pay rent.

Right 1: Right to Rent on Time

• Tenant is to pay according to contract
• The delayed payments are legally liable
• The unpaid rent can be notified by the landlord
• It is possible to file a legal case on rent recovery
• Rent receipts are supposed to be issued

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Right 2: Right to Evict Legally

• Eviction should be of a legal nature
• Landlord should provide adequate notice
• Eviction can only be permitted by court
• Forceful removal is illegal
• Violence can never restore property

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Right 3: The Right to Security Deposit

• Deduction has to be returned as a deposit.
• Reasonable deduction should be made.
• Misuse of deposit is illegal.
• Written receipt may be demanded by the tenant.
• Controversies are resolvable in the court.

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Right 4: Rights to Property Protection

• Property must be kept clean.
• No illegal business allowed.
• No damage to interiors.
• There should be no subletting.
• Misuse may be prosecuted.

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Right 5: Right to Legal Notice

• Eviction must be notified.
• Terms of agreements must be noticed.
• Notice must be written
• Notice period varies.
• Verbal notice is invalid.

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Tenant and Landlord responsibilities

Tenant responsibilities

• Pay rent on time.
• Maintain the house properly.
• Adhere to the terms of an agreement.
• No illegal work.
• Inform before leaving.

Landlord responsibilities

• Provide basic facilities.
• Maintain building safety.
• Adhere to legal eviction.
• Respect tenant privacy.
• Issue rent agreements and receipts.

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Cases involving eviction, security deposit, harassment, and abuse of rental property can get complicated in very little time. You must have an attorney who knows the tenancy laws and the rental disputes well. Advocate Shrishti Rani has been able to defend various cases that have been recorded in eviction, rent recovery, harassment of tenants and misuse of property. She makes sure that you have the right documents, notices and legal actions at the start.

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Conclusion

The Indian tenancy law defends both parties. Harassment and unlawful eviction are not allowed to tenants and landlords are not allowed to suffer loss by non-payment of rent and misuse of property. Disputes are minimized and rental relationships are simplified when each of the sides is aware of their legal boundaries.

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