Here are 10 rights of Tenants and Owners as mandated by the Ministry of Housing and Urban Affairs: - 1. A written agreement
The agreement must be registered, stamped, dated, and signed by both parties- the tenant and the landlord. Without a valid agreement, no rights can be enforced or protected by law. 2. Maintenance of the property
The Model Tenancy Act clearly lays down the division of maintenance responsibility between the landlord and tenant, unless otherwise agreed in the agreement. It states that periodic repairs are to be carried out by the tenant while structural repairs, painting, and wiring are the landlord's responsibility.
3. Uninhabitable Conditions
If the premises become uninhabitable without repairs which the landlord refuses to fix, the tenant can vacate the property with a 15-day written notice. 4. Damage of property after tenancy commences
Once the tenants occupy the house, they are responsible for maintaining the original conditions (again, except for the minimal wear and tear). They cannot intentionally damage the property and if in the cases that such damage does occur, they must notify the owner immediately. 5. The landlord cannot enter the premises without prior notice
The owner cannot enter the house without giving at least a 24-hour notice. They must inform you of their arrival beforehand and cannot carry out surprise checks. 6. Essential supplies
Essential services like the supply of water, electricity, piped cooking gas supply, lights in passages, lifts and on staircases, conservancy, parking, communication links, sanitary services, and security fixtures must be provided by landlords. These services cannot be cut or withheld. In case they are cut off, the local Rent Authority may intervene. 7. Eviction of tenants
Tenants may be asked to vacate the premises if they fail to pay their full rent for two consecutive months. If the tenants leave the property for a long period without written information or if they are encroaching upon additional property, misusing it, or damaging it, they can be lawfully asked to evacuate the premises. 8. Death of the tenant
If the tenant passes away, the right of tenancy for the remaining time period (according to the rental agreement) goes to the successor. 9. Rent payable
In the case of a new tenancy, the landowner and the tenant have to agree upon the payable rent as stated in the written agreement. If the rent is revised, the landowner must inform the tenants three months in advance. 10. Security deposit
According to the Model Tenancy Act, the security deposit should not exceed two months' rent in the case of residential premises. The owner must refund the security deposit to the tenant on the day of taking possession. They can deduct any liable amount from this.
