What are the Legal Tenant Rights in India

Understand the comprehensive legal tenant rights in India, including a detailed list of tenant rights, to ensure awareness and protection.

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

Tenant Rights in India

Some of them are as below:

1. To Begin with, the most important question that arises while renting a property is what shall be the rent of the property. It is the right of every tenant to rent property at a fair and reasonable rent amount. The rent shall be decided according to the existing market rates in the neighborhood for similar properties. The cap to this of fixing rent differs by whether the property is in an Urban Area or Rural Area, developing state or developed state, etc. The rent so fixed hence shall be following the Rent Control Act of various states. If the Landlord doesn’t follow the same then the tenant shall make a Consumer 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 at his own expense and later the landlord shall reimburse him for 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. Tenant rights in India include fair rent practices

1. At all times the Landlord shall ensure the 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 emergencies, and in such situations, only the landlord is allowed to enter the premises. Landlord entry requires proper notice, respecting tenant rights in India.
2. The terms and conditions of the rental agreement shall always be binding on the Tenant 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 an order as they deem fit. Because the landlord breached the terms of the contract, the tenant has the right to terminate the agreement and shall evict the property.
3. 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.
4. 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.

Legal Provisions

Legal provisions, within the legal context, refer to stipulations found in legal documents or laws, commonly known as clauses or contract provisions. In accounting, provisions denote profits set aside for specific purposes or expenses.

Exploration of Legal Provisions:

Legal provisions play a vital role in contracts and agreements, serving to protect the interests of involved parties. This discussion delves into the mechanics of provisions within the law, offering relevant examples for clarity.

Functionality of Provisions:

Provisions typically necessitate action from one or all involved parties within a defined timeframe or before a specific date. They are prevalent in loan documents, regional laws, and contracts, and often appear in the fine print accompanying certain financial securities.

For instance, bonds may feature a call provision, determining the date when the company can retire the bond. Another example is the sunset provision embedded in specific laws, triggering an automatic repeal if not reenacted by a legislator after a set date.

Consequences of Non-Compliance:

Failure to adhere to a provision in a legal agreement constitutes a breach of contract. When this occurs, the party at fault must rectify the situation, typically involving compensation as a remedy.

Other Landmark Case Laws

1. A.K Gopalan vs. State of Madras, 1950:

A.K. Gopalan contested his preventive detention under the Preventive Detention Law in Madras Jail. The Supreme Court, while acknowledging Article 22 as an independent code, held a narrow interpretation of Article 21. The Court deemed Gopalan’s detention lawful, emphasizing the system set up by law.

2. Kesavananda Bharati Sripadagalavaru vs. State of Kerala, 1973:

Keshvananda Bharati challenged the Land Reforms Amendment Act, of 1969. The 13-judge bench established the basic structure doctrine, asserting that while Parliament could amend any part of the Constitution, it must not abrogate the basic structure. Although Bharati lost partially, the case safeguarded India’s constitutional spirit.

3. Maneka Gandhi vs Union of India, 1977:

Maneka Gandhi contested the impounding of her passport, emphasizing personal liberty under Article 21. While the government’s order wasn’t reversed, the judgment asserted citizens’ right to personal liberty. It marked a shift in legal jurisprudence, acknowledging a more active role for the Supreme Court.

4. Shayara Bano vs Union of India & Others, 2017:

Shayara Bano challenged the practice of triple talaq, polygamy, and nikah-halala. The Supreme Court declared instant triple talaq unconstitutional, upholding women’s rights and deeming such practices violative of the Constitution. The judgment had a profound impact on gender justice and equality.

5. SR Bommai vs. Union of India, 1994:

S.R. Bommai challenged the dismissal of the Karnataka state government under Article 356. The Supreme Court imposed restrictions on the President’s absolute power, requiring parliamentary approval before dismissing a state government. It aimed to prevent arbitrary dismissals and protect the federal structure.

6. Navtej Singh Johar vs. Union of India, 2018:

Navtej Johar challenged Section 377, leading to the decriminalisation of consensual same-sex relationships. The Supreme Court affirmed the choice of individuals in the LGBT community, recognizing their fundamental rights. The judgment was a historic step towards inclusivity and equality.

7. Indra Sawhney and Others vs. Union of India, 1993:

Indira Sawhney challenged the 10% reservation for economically backward upper castes. The Supreme Court set a 50% cap on caste-based reservations, maintaining reservations for OBCs with the exclusion of the creamy layer. The judgment aimed to balance social justice while imposing restrictions on reservation quotas.

Acts and Laws that Govern the Rights and Obligations of Tenants and Landlords

The legalities of renting can seem complex, but fear not! Here’s a breakdown of the key acts and laws that govern the relationship between tenants and landlords in India:

• The Rulebook for Renters and Landlords: The Rent Control Act, specific to each state, lays the foundation for rental agreements. It covers rent regulations, eviction procedures, and other tenancy rights and obligations of both parties. Think of it as the state-by-state rulebook for renting.
• Leasing Basics:  The Transfer of Property Act (1882) dives deep into the nitty-gritty of leasing. This act explains how leases are created and ended, what rights and responsibilities landlords and tenants have, and how rent is determined.
• Transparency in Rentals: The Real Estate (Regulation and Development) Act (2016) is all about bringing clarity to rental agreements. It sets guidelines for these contracts, promoting fairness and establishing a system to resolve disputes if issues arise.
• Consumer Protection for Tenants:  The Consumer Protection Act (2019) extends its umbrella to tenants as well. This act ensures fair treatment, addresses complaints, and provides a mechanism to settle disagreements related to your rented property.
• State-Specific Rules:  Some states, like Maharashtra and Delhi, have their tenancy laws alongside the national acts. These might include additional rules regarding renting, eviction procedures, and rent control in those specific regions.

Conclusion

FAQs

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• Eviction Of A Tenant In India
• How to Legally Evict a Tenant? : A Step-by-Step Guide