Rights and Responsibilities of Landlords and Tenants in India: A Legal Guide by The Lawtech

In a growing urban landscape and increasingly mobile workforce, renting property has become a widespread practice. Whether you are a landlord leasing your property or a tenant occupying someone else’s space, understanding your legal rights and responsibilities is essential to prevent disputes and maintain a smooth tenancy relationship.

At The Lawtech, we aim to simplify complex legal subjects. In this article, we break down the key rights and obligations of landlords and tenants under Indian law—particularly under the Model Tenancy Act, 2021, Rent Control Acts, and applicable state laws.

📌 Understanding the Legal Framework

India does not have a uniform national tenancy law across all states. Instead, each state may adopt its own Rent Control Act or the Model Tenancy Act, 2021 (which is still in implementation stages in many states). Hence, it’s crucial to verify applicable local laws.

However, certain general rights and responsibilities are common across jurisdictions and can serve as a guiding principle.

👨‍💼 Rights of the Landlord

1. Right to Receive Timely Rent
   • Landlords are legally entitled to receive rent on or before the agreed date as per the lease agreement.
   • In case of default, landlords may charge penal interest or initiate legal action for eviction or recovery.
2. Right to Evict the Tenant (Under Lawful Grounds)
   • Eviction can be sought on specific grounds: non-payment of rent, subletting without permission, property misuse, or upon expiry of lease.
   • Proper legal procedure and notice period must be followed (usually 30 days under tenancy laws).
3. Right to Increase Rent
   • Rent can be revised periodically (often annually) as agreed in the lease. The Model Tenancy Act allows for rent revision with 3 months’ written notice.
   • Arbitrary hikes are discouraged and may be challenged.
4. Right to Inspect the Property
   • Reasonable inspections are allowed with prior notice (usually 24–48 hours).
   • Emergency access is permitted but only for valid reasons.
5. Right to Compensation for Damage
   • The landlord can deduct reasonable costs for repairs beyond normal wear and tear from the security deposit.

👨‍💼 Responsibilities of the Landlord

1. Providing Habitable Living Conditions
   • Structural integrity, plumbing, electrical wiring, ventilation, and other basic amenities must be in working order.
2. Timely Repairs and Maintenance
   • Major repairs (roof, structure, seepage, etc.) are the landlord’s responsibility.
   • The lease should clearly mention maintenance obligations of both parties.
3. Respecting Tenant’s Privacy
   • Landlords cannot enter the rented premises without prior consent, except in emergencies.
4. Refunding Security Deposit
   • The security deposit must be returned within a reasonable time (often 1–2 months post-vacation) after deducting legitimate dues.
5. Not to Interfere with Peaceful Possession
   • Once leased, the tenant has exclusive possession. Landlords cannot interfere arbitrarily or coerce tenants to vacate.

👩‍💼 Rights of the Tenant

1. Right to Peaceful Enjoyment
   • The tenant has the legal right to occupy the property without undue interference.
2. Right to Fair Rent
   • Rent agreed must be reasonable and in accordance with the market rate. Excessive, coercive increases can be contested.
3. Right to Maintenance and Repairs
   • The tenant can demand essential repairs from the landlord. If the landlord fails, the tenant may get them done and deduct the cost (with prior notice).
4. Right to Security of Tenure
   • Tenants cannot be arbitrarily evicted. Proper notice and valid grounds are mandatory under the law.
5. Right to Receive Deposit Refund
   • Upon vacating, the tenant has a right to claim the deposit minus reasonable deductions.
6. Right to a Written Agreement
   • The tenant can demand a registered rental agreement outlining terms such as rent, duration, maintenance, and renewal clauses.

👩‍💼 Responsibilities of the Tenant

1. Timely Payment of Rent
   • Non-payment or delayed payment can attract interest, eviction, or legal action.
2. Using Property for Lawful Purpose
   • Residential properties must not be used for commercial or illegal activities.
3. Avoiding Subletting Without Consent
   • Subletting is only allowed if expressly permitted by the agreement.
4. Maintaining Cleanliness and Order
   • The tenant must avoid causing damage, nuisance, or violating building rules.
5. Not Making Unauthorized Alterations
   • Structural or major modifications need written permission from the landlord.
6. Vacating Upon Termination
   • Once the lease expires or termination is initiated lawfully, the tenant is obliged to vacate.

🧾 Importance of a Registered Rent Agreement

Both parties should ensure the rent agreement:

• Is in writing and preferably registered under the Registration Act.
• Clearly outlines terms including:
  • Rent amount and due date
  • Security deposit
  • Tenure of lease
  • Renewal and termination clause
  • Maintenance duties
  • Entry rights for landlord

🛠 Common Disputes and Their Remedies