What are the legal rights of a tenant in India?

Tenants in India have several legal rights to protect them from unfair practices by landlords. Key rights include:

Right to Fair Rent: The rent should be agreed upon by both parties and can be legally challenged if it is extremely high.

Right to a Written Agreement: The rental agreement should be in writing. This will include the term and conditions of tenancy, rent amount, duration, security deposit, and responsibilities of both parties.

Right to Privacy: Landlords cannot enter the rented areas without prior notice and the tenant's consent, except in emergencies.

Right to Basic Amenities: Tenants have the right to basic facilities and maintenance of the property. Basic facilities here means things like electricity, water etc. The landlord must ensure the property is habitable and provide necessary repairs.

Protection from Unfair Eviction: There is a process to be followed if the landlord wants to evict a tenant. They cannot evict tenant without any proper reason. Landlords must give proper notice and can only evict tenants for valid reasons like non-payment of rent or violation of lease terms.

Right to Receive a Security Deposit Refund: The security deposit must be refunded to the tenant at the end of the lease term, minus any deductions for damages or unpaid rent.

Right to Use Common Areas: Tenants have the right to use common areas and facilities as per the rental agreement.

Right to Legal Recourse: Tenants can approach the Rent Control Court or a civil court for disputes with the landlord.

FAQs

FAQ 1: What are the basic legal rights of a tenant in India?

Answer: Tenants have rights to a habitable living condition, protection from unfair eviction, receipt for rent payments, and security deposit returns. Check the Rent Control Act, Delhi for details and for your particluar states, you can find them online too.

FAQ 2: What should a tenant do if their rights are violated?

Answer: Tenants can file a complaint with the rent control board or approach a civil court for legal recourse.

References:

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Written by Arshita Anand

Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset