Tenant/Landlord Issues in India: Understanding Your Legal Rights & Responsibilities
It is important to be familiar with your legal rights as a Tenant or Landlord In India. This will allow you to avoid conflicts and protect you in the event of a dispute. This article will give you an overview of India's most important landlord/tenant issues, and provide advice on how to deal with them.
Tenancy Agreements in India
There are many types of tenancy agreements available in India. Each has its own terms. These are the most popular types of tenancy agreements:
Lease Agreement: A lease agreement between a landlord or tenant is binding. It sets out the terms and conditions of the lease, which include the length of the tenancy and the rent.
Leave and License Agreement: This type of tenancy agreement is commonly used in India. This agreement allows the tenant to occupy the property during a specific period of time and gives them exclusive possession.
Oral Agreement: A type of tenancy agreement that is based on a verbal agreement between landlord and tenant. This type of agreement, although not legally binding is still able to be used to resolve any disputes between landlord and tenant.
Landlord's Responsibilities
Indian law gives you many responsibilities as a landlord. These include:
Tenant safety and comfort: It is the landlord's responsibility to ensure that the property is habitable and safe for tenants. This means that the property is safe and habitable.
Repairs: The landlord must make repairs to the property. This includes fixing any damage that may have been caused by normal wear and tear.
Returning security deposits: The landlord must return the security deposit to the tenant at the end of the tenancy. This includes any deductions for rent unpaid or damage to the property.
Tenant's Responsibilities
You have many responsibilities as a tenant under Indian law. These include:
Rent payment: The tenant pays rent in full and on time.
Property care: It is the tenant's responsibility to maintain the property in a clean and orderly condition.
Reporting repairs
Property in good condition after tenant moves out: Tenant is responsible for returning property in same condition they moved in except for normal wear and tear.
Common Landlord/Tenant Disputes
Disputes can still occur despite the best efforts of both landlords and tenants. These are the most frequent landlord-tenant disputes in India:
Rent arrears are when a tenant fails to pay their rent. The landlord may take legal action to recover the rent arrears, which can include obtaining a court order to dispose the property.
Property damage: When the tenant causes property damage. The landlord may deduct the cost for repairs from the tenant's security deposits.
If the landlord does not follow the legal procedure, it is called illegal eviction. This is a crime that can lead to imprisonment and fines.
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