Complete Guide on Legal Rights for the Tenants

In pursuance of knowing the legal rights of tenants in India, one should first briefly be aware about how tenancy is governed under the Indian Laws.

In India, the Rental Agreements govern the tenant-landlord relationship which is formally called as the ‘lessee-lessor’ relationship. The one who transfers the property is called as the ‘landlord’ and the one to whom the property gets transferred is called as the ‘tenant’. There are two types of Rental Agreements:

1. Lease Agreements

2. Leave and License Agreements

A Lease Agreement, apart from being governed by general laws of Transfer of Property Act and The Indian Contract Act, it is strictly also governed by the state rent control Acts which each State has of its own. These state rent controls Acts (For e.g. Delhi Rent Control Act, 1958; Maharashtra Rent Control Act, 1999, etc.) define the amount of rent to be charged, obligations of the tenant and landlord and contain other similar provisions. In short, the Lease Agreement has to be in strict compliance of these Acts and the landlord does not get flexibility to alter the terms of the Agreement on its discretion.

On the other hand, in Leave and License Agreement, the interest in the property remains with the landlord and it doesn’t have to be in compliance with the state rent control laws as these agreements are for a period of 11 months with the option of renewal but the rent control laws apply on Lease Agreements which are of minimum 12 months. This provides landlords the opportunity to be more flexible in deciding the terms and conditions of tenancy and hence it is preferred by them.

NEED TO KNOW THE NATURE OF TENANCY

The tenant therefore should be aware about whether the Agreement is governed by the rent control Act or not. If it is governed then the rights of a tenant remain acknowledged by the virtue of the various provisions of rent control Act. However, if the Agreement is not governed by the Act, then the Agreement should contain provisions including rights and obligations of both the parties.

TYPES OF TENANTS

The tenants are categorised into two types, namely contractual tenants and statutory tenants. A contractual tenant is someone who occupies the premises and is entitled to the possession of the premises during the term of the contract. While statutory tenancy comes into existence where a contractual tenant retains its possession after the contract is terminated. In case where the rental agreement is opted for renewal, the tenant remains a contractual tenant only.

RIGHTS OF THE TENANTS

The rights of the tenants, in case of Lease Agreements, are specifically provided in the specific rent control Act of that State. All States, more or less contain similar provisions with few changes that varies from State-to-State and hence the specific rights of tenants vary from tenant-to-tenant depending upon the State where he/she lives. In case of Leave and License Agreements, the rights of the tenant including that of the landlord are bound to be contained in the Agreement itself. Apart from this, the Transfer of Property Act, which is a central legislation, contains general rights of the tenants which are guaranteed to all tenants along with the law and Constitution that guarantees general tenancy rights to tenants.

Consult with a lawyer

The following are the general rights of tenants which is applicable to all tenant in India:

1. A tenant should be fully informed about the content, terms and conditions of the Agreement and only upon consent of the tenant, the Agreement can be signed by both the parties and become a valid Agreement

2. A tenant has the right to a property which is reasonably fit to be lived in. Unsafe conditions such as bad wiring, water leakage at unexpected places, holes in the floor etc are considered unfit and it is landlord’s responsibility to avoid these problems before the property is transferred to the tenant.

3. A tenant holds right to privacy against the landlord. A landlord cannot pay visits in the property without prior permission of the tenant unless there is an emergency on the contrary.

4. A tenant has a right to not leave the premises. During the period of tenancy, the landlord cannot force to leave the property without providing a valid reason.

5. A tenant has the right to vacate the premises for a valid reason. The landlord does not possess the right to insist on continuing tenancy

6. The tenant is entitled to certain amount of notice of termination of tenancy. Generally, a notice of at least one month is given so that the tenant has time to search for another property in the interim.

7. The tenant holds the right to access essential services including electricity, water which cannot be disconnected by the landlord in order to recover dues or any other reason.

8. The landlord cannot make rules at his own discretion. He has to adhere to the terms of the Agreement. For e.g. he cannot increase the rent before the agreed term period in the Agreement.

9. The tenant has the right to reimbursement for any repairs he carries out that are responsibility of the landlord

10. When original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenants is occupation of all the joint tenants

With the knowledge of these rights, a tenant can make rational enjoyment over the property. However, it is advised that the Agreement should contain all essential terms relating to rights and obligations of both the parties so that false claims, allegations and necessity to approach the courts for legal remedies could be avoided in future.

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