Right of a Tenant

What are my rights as a tenant in India?.

He is entitled to quiet and exclusive enjoyment of your home. He has the right to contact the landlord or their agent at any reasonable times. His landlord is only allowed to enter his home with your permission. He is entitled to a certain amount of notice of the termination of the tenancy.

What is the law for landlord and tenants?

Laws now allow landlords the right to evict a tenant on the grounds of breach of rental agreement; subletting rented premises or a part of it without landlord's permission; default in payment of rent for specified period; misuse of the property; or conducting illegal activities in the rented premises.

What happens if tenant refuses to pay rent in India?

If the tenant does not comply with the legal grounds and refuses to move out, an eviction procedure could be started. Valid grounds for moving the court for eviction are the failure to pay rent and refusal to move outpost the end of lease period.

Can a tenant claim ownership?

the tenant in the given situation can never claim ownership. there is nothing to worry. the law is settled: once a tenant, always a tenant. in no situation, a tenant can claim ownership so long as you are receiving rent.

What action can be taken if tenant doesn't pay rent?

In case the tenant is not paying the rent or vacating the home, then the landlord can approach the Rent Control Board. The Board will resolve the matter. In case the contentions of the landlord are correct and there has been violation of any of his rights, then the Board will ask the tenant to vacate the home.

Can a landlord evict you without a court order?

No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.

What happens if tenant stays more than 10 years?

Tenant rights after 10 years in India:
There is nothing in the law that states as any tenant can claim rights on the property after 10 years. If you have signed an agreement of 11 months or with the tenants, the tenant cannot claim any rights to the property as per the law.

What if rent agreement is expired India?

If the tenancy period is up and your agreement is expired then two things can happen: Both you and your landlord can renew the tenancy agreement and revise the terms, rental payment and even the tenure of the tenancy after mutual agreement.

What are necessary points to remember when renting a property.

 

1.    A written agreement should be made by the landlord and the tenant.

2.    Maintenance of properties should be informed to the owner if such a situation arises.

3.    If the price of maintenance crosses 50% of the agreed rent, the house becomes uninhabitable. The tenant can vacate the premise upon 15 days written notice and complain to the local rent control authority.

4.    Whether it is to carry out repairs, check the conditions of the house or any other reason stated in your rental agreement, the owner cannot enter your premises without a 24hour written notice. The Model Tenancy Act also says that the entry must be between 7 am and8 pm.

5.    Essential services like the supply of water, electricity, parking, communication links, sanitary services etc. are the basic rights of tenants.

6.     Tenants can be asked to vacate the premises if they fail to give 2 months rents consecutively or create nuisance to the property etc. if the tenant fails to comply the landowner has the right to double the rent as compensation.

7.    If the tenant passes away, if the rental agreement exists, the right of tenancy for the goes to his/her successor, such as

-Spouse
-Sons/unmarried daughters
-Parents
-Daughter in law (who is the widow of a predeceased son) . This is applicable only  if the successors were living along with the deceased tenant, otherwise the lease tends to cease immediately.

      8.   If the rent is revised the landowner must inform the tenants three months in advance.

      9. According to the Draft Model Tenancy, it is unlawful to charge a security deposit  which is over three times the monthly rent.

Where can I file a complaint against a tenant in India?

The tenant should go to the police station having jurisdiction over the area where the offence is committed. Report to officer-in-charge/ station house officer and tell the officer to register the complaint. Also mention the names of the witnesses if there were any witnesses present.

 Rights of Tenants in elections of Apartment Owners Associations?

1.    A tenant is considered as an apartment owner for participation in AOA related issues;

2.    A tenant can participate in AOA elections both as a voter and a candidate and become part of Board, provided that:  

a.    He has entered into a lawful tenancy of more than one year (i.e. for than term of Board) which should survive, without a break, the period between the declaration of AGM declaring the election and expiry of the upcoming Board of Management.

b.    Then tenancy deed must be on proper stamp paper assuring payment of legally applicable stamp duty.

c.     A tenant cannot delegate his above rights to any other person. Only the person in whose name tenancy /lease deed is executed can participate in the election. 

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