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What are the rights of tenants in India?

What are the rights of tenants in India? A tenant has certain rights and also duties so also the landlord and for that purpose it is essential that a rent agreement is created  and in the event of any dispute the rent agreement comes into the rescue.

Who is a Tenant?

Any person who occupies an area of another person for a certain amount and certain rent is a tenant.  There is a relationship between a tenant and landlord which is established by entering into an agreement which is also called a rent agreement. What are the rights of tenants in India? these are issues that will be discussed in the following paragraphs.

Concept of Fair and reasonable rent

It is important to note that a landlord cannot charge exorbitant rent . There is a manner in which rent is calculated  which is around 8 percent and upto 10 percent of the value of the property . It is necessary that the tenant pays rent  to the landlord  as are due and regularly  for two months using an online process  and keep a receipt of the same .  In case the landlord refuses to accept the rent and other charges if any after two months  then the tenant may deposit the same with the Rent authorities.

What is the Right to Privacy of the Tenant?

Tenant has every right to disallow the landlord to enter the rented accommodation if the landlord has intent to harasses him.  The tenant has an indisputable  right to privacy in the rented accommodation and the tenant is permitted to enter the rented accommodation only with prior permission from the tenant or when there is emergency such as fire or water logging in the washroom. The landlord if he wishes to evict a tenant can do so by serving a legal notice and following procedures as per law  for eviction.  In case  the landlord denies to accept the rent by the tenant by online methods or direct deposit in bank then the tenant may apply to the Rent control court  to deposit the rent as a last option.

Rent agreement as an essential

It is always advisable to enter into a rent agreement between the parties. A leave and licence agreement which is for 11 months is advisable . The  Registration Act of 1908 provides for  registration of  rent agreement if the rent is for 12 months or more . It is important to enter into an agreement for rent so that interest of both the tenant and landlord are safeguarded.

Essentials of a rent agreement

It is mandatory to enter into a rent agreement in the interests of both landlord and tenant. The rent agreement would have details of the property which is being rented and along with that the  name and address of both the tenant and the landlord . It will set out the rent for each month fixed and also provide clauses which both agree upon .  At times  a rent agreement may be notarised by a notary however the best way is to visit the sub-registrars office with  your respective ID proofs and get the same registered  with required stamp duty .

Stamp duty: Although the stamp duty varies from state to state , however it is usually  between 0.5% and 2% of the annual rent.

Registration charges: Government fees  for registering a rent agreement also varies from state to state  and is usually between Rs. 500 and Rs. 1000.

Landlord’s right to Information

If the landlord has hired a property manager, the landlord must disclose the following information to the tenant: the property owner’s name; documentation proving that the manager has the landlord’s approval; the specific purposes for which the manager has the landlord’s approval and the duration of that approval; and if the property manager is a legal entity, the name of the entity and the person authorized in this capacity No property manager or landlord should, by himself or withhold any necessary service or supply from the tenant’s. tenant’s rental property through any other individual.

Introduction of the Model Tenancy Act, 2021

The Rent Authority  was established to  oversee the rental of premises and it (The Model Act)  was  created to   create a rent authority  for the purpose of  controlling  the rental of real estate properties for early disposal  for resolving disputes related to such issues apart from safeguarding  the interests of landlords and tenants.

Tenants  Protection from Eviction

Model Act emphasises  that  a landlord cannot evict a tenant while the ongoing  tenancy agreement is still in effect however in cases the tenant refuses to pay the agreed rent or has made any structural changes without permission  or even when there is requirement for repairs in the rented area .

Where the tenant gave the landlord notice to leave the property, and as a result of that notice, the landlord agreed to sell the said property. When the landlord passes away, and there is a legitimate need for the property to be rented out by the legal heirs, they may also file a petition with the Rent Court for eviction and recovery of possession. If landlords are aware of their rights in India, then they can protect themselves from tenants who cause problems while paying rent and damage the habituated property. Property owners also need to educate themselves about the rights of Landlords in India, so nobody can misuse it against them.

Conclusion for What are the rights of tenants in India?

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