RIGHTS OF TENANTS OF INDIA

rights of tenants in india 

In the last 20 years, India’s urban population has become more migratory than ever before. Urban centres like Mumbai, Delhi, Bangalore, Pune and Chennai attract large numbers of urban professionals and students and as a result there’s a large floating population of tenants in these cities.  Leasing out houses and flats is big business in these cities and rents have skyrocketed in the past few years.  This also means that the number of tenant-landlord disputes has also risen and increasingly one hears of squatting tenants and landlords who evict their tenants without notice or due cause. We’ve already written about how landlords can ensure that their interests are protected in a previous post. Today, we list tenants’ rights, so that the renting of a residential property is a smooth and easy transaction for all parties involved.

1) Right to demand an agreement

Many people prefer not to go through the hassle of police verification and registration of lease documents and instead, settle for informal agreements with their landlords, especially if they have known the landlord for sometime already. This may work out in some cases, but it’s always best to have an agreement, just in case of a dispute. The agreement should mention all the conditions of tenancy, along with the notice period, monthly rent amount and the deposit paid, if any.

2) Right to demand payment receipts

It is common sense to ask for a receipt every time you make a payment, and it should be no different with your rent. It is, after all, a more substantial amount than you will pay at the grocery store or at the mall and you should have a hard copy of it in your hands. This will protect you in case of false accusations of non-payment of rent.

3) Right to drop contract and serve notice to landlord

If a tenant is unhappy with a flat or house, s/he has every right to leave the place. Of course, this has to be done according to the terms of the agreement and once the landlord has been apprised of the client’s intentions, the notice period will begin.

4) Right to a copy of bye-laws and rules of the association

Since a tenant becomes, legally, a resident of a housing association or society, s/he has every right to get a copy of the bye-laws and rules of said housing association or society. This is important so that the tenant can know the rules that need to be adhered to and so that no unjust accusations of flouting society rules are levelled against her/him.

5) Right to use common areas of the society

The right to use the common areas of the society such as the park, playground, gym or club house also come with the tenancy. If there are extra membership fees that need to be paid, it needs to be settled on before the tenant moves in and it should be stated clearly in the agreement as to who will pay the dues.

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