Know What are all the Legal Rights of a Tenant

Last Updated at: Oct 16, 2020
The tenant has the right to privacy. Under the Rent Control Act, landlords can evict tenants only under specific grounds, which include willful default in rent payment, subletting without the prior consent, causing nuisance or when the landlord himself requires premises for personal occupation.


Currently under the Rent Control Act of 1948 and other state rent control acts protect the interest of the tenants so that it is not possible for the landlords to exploit the tenants. There are many rights available to tenants under the Rent Control Act, 1948.

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Some of them are as below:

  1. To Begin with, the most important question that arises while renting a property is that what shall be the rent of the property. It is the right of every tenant to rent a property at a fair and reasonable rent amount. The rent shall be decided according to the existing market rates in the neighbourhood for similar property. The cap to this of fixing rent differs in accordance with whether the property is in Urban Area or Rural Area, developing states or developed states, etc. The rent so fixed hence shall be in accordance with the Rent Control Act of various states. If the Landlord doesn’t follow the same then the tenant shall make a complaint against him in the Rent Courts.
  2. When renting a property the important right that a tenant has is the right to a safe house i.e., to say that before shifting into the property the tenant has the right to check whether all the safety measures are installed or not. He may also ask the landlord to make any repairs like any leaking pipes, or repairs of the air conditioner or the heater or generator, if any, or get the premises painted before he shifts in. The tenant has every right to call upon the landlord whenever he requires any repairs done.
  3. The tenant in the absence of the landlord or on the instructions of the landlord shall carry on the repairs on his own expenses and later the landlord shall reimburse him on the same. There can be clauses in the rental agreement entered between the tenant and landlord as to what all expenses need to be carried on by the tenant and what all expenses shall be carried on by the Landlord.
  4. At all times the Landlord shall ensure privacy of the Tenant, he may not just visit the tenant at any time. He needs to give at least one day prior notice to the Tenant before visiting and the same shall be in reasonable hours, apart from emergency situations and in such situations, only the landlord is allowed to enter the premises.
  5. The terms and conditions of the rental agreement shall always be binding on the Tenant and as well as the Landlord. If the landlord breaches any terms of the rental agreement the tenant shall make a complaint in the small causes court and the authorities shall pass order as they deem fit. On the grounds that the landlord breached the terms of the contract the tenant has the right to terminate the agreement and shall evict the property.
  6. The tenant has the right to a fair and reasonable opportunity to be provided by the landlord in cases when he wants to evict the tenant and can only do so when he has proper grounds.
  7. The tenant has the right to read and examine all the terms and conditions of the rental agreement and he can negotiate with the landlord any conditions as he thinks fit. The landlord and the tenant shall again compromise and draft the agreement.

Hope this article helps you understand all provisions the law entitles to you as a tenant. 

A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.