Essential Laws Every Tenant And Landlord Should Know

A dream can be of any form. It can be a cozy, compact apartment or an individual house with gardening space. Despite the availability of limitless properties in India, renting out or renting a space to live is still complicated. Out of nowhere, in one or the other way, a problem will wait to jump in front of you, not to mention the black marks smeared on this aspect.

Keeping the struggles faced by tenants and landlords in mind, we’ve compiled here a few of the essential laws bought into regulation by the Ministry of Housing and Urban Affairs of India, for you to uphold rental terms.

#1 Tenancy Agreement As soon as the tenant and the homeowner decide on the terms of renting, a formal written agreement should be drawn up and submitted to the Rent Authority of the city. After receiving the agreement, the Rent Authority will register the contract and provide a registration number to both the tenant and the landlord. Once the tenancy commences, the terms of the agreement should be honored. Any verbal agreement on tenancy will NOT be taken into account.

#2 Subletting The tenants should NOT sublet any or whole part of the premises without previous written consent from the landlord, nor can the tenant assign or transfer the rights as per the agreement to someone else.

#3 Rents The landlord cannot increase the rent before the end of the Tenancy Agreement. In case of an increase in rent, the landlord should intimate the tenant three (3) months before rent revision through a written notice. After the rent is fixed and agreed by both tenant and house owner, if there is any deterioration or decrease or diminution of accommodation or housing services in the premises, the tenant may claim a reduction in the rent.

#4 Security Deposit It is against the law to charge a security deposit amount that is more than three month’s rent. The security deposit should be refunded to the tenant within one month after vacation of the premises, after making any deduction of any liability of the tenant

#5 Essential Supply / Services Neither landlord nor tenant can cut-off or withhold any essential supply or service in the premise occupied by either of them. In case of such event, the affected party can approach the Rent Authority, which may also levy a penalty on the person responsible for cutting off or withholding any essential supply or service.

#6 Maintenance The tenant should not intentionally or negligently damage the premises or permit such damage and notify the landlord of any damage as soon as possible. The tenant must take reasonable care of the premises and its contents and keep it reasonably habitable.

There may be a few twists and turns before you can rent out your space to the right tenant or before you can find the right landlord. Good luck on finding that right person and the home.

#7 Extension of Rental Agreement At the end of a tenancy agreement, either the agreement should be renewed or the tenant should vacate the premises. If neither happens, the same terms and conditions in the expired rental agreement can be renewed on a monthly basis up to a maximum time period of six months.

#8 Rules to Protect Violation or Extension of Stay After Contract Even after the tenancy has been officially terminated by notice, order or agreement, if the tenant does not vacate the premises, the landlord is entitled to double the monthly rent for occupation.

There may be a few twists and turns before you can rent out your space to the right tenant or before you can find the right landlord. Good luck on finding that right person and the home.