In India, the relationship between a landlord and tenant is governed by a combination of contract law, local rent control acts, and civil court precedents. Civil disputes between landlords and tenants are common, especially concerning eviction, non-payment of rent, maintenance, or unauthorised use. Understanding the legal rights of both tenants and landlords is essential to avoid exploitation and ensure justice through due process.
Key Legal Framework
The primary laws governing tenancy relationships in India include:
• Transfer of Property Act, 1882 (Sections 105 to 117)
• State-specific Rent Control Acts (like the Maharashtra Rent Control Act, Delhi Rent Control Act, etc.)
• Indian Contract Act, 1872
• Recent efforts like the Model Tenancy Act, 2021 aim to modernise this sector, though adoption is pending in many states.
Rights of Tenants
- Right to Peaceful Possession
A tenant has the legal right to enjoy peaceful possession of the property during the term of tenancy. The landlord cannot disturb this possession without a valid reason or court order.
2. Protection Against Illegal Eviction
A tenant cannot be evicted without due legal process. Eviction can only happen under specific grounds such as non-payment of rent, subletting without permission, or misuse of property—and only through civil court orders.
3. Right to Basic Amenities
It is the landlord’s duty to provide basic infrastructure like water, electricity, and sanitation, unless agreed otherwise. Any disruption can be challenged legally.
4. Fair Rent
Under Rent Control Acts, tenants are protected from exorbitant rent hikes. The landlord must follow the prescribed procedure for increasing rent.
5. Right to Seek Repairs
If the landlord fails to undertake necessary repairs, the tenant may carry them out and adjust the cost in rent, provided there is reasonable notice and documentation.
Rights of Landlords
- Right to Receive Rent
The landlord is entitled to receive rent as per the agreement. Persistent default by the tenant can be a valid ground for eviction.
2. Right to Repossession
The landlord can seek possession of the property on legitimate grounds like personal use, redevelopment, or non-compliance with the rental terms—again, by approaching the civil court.
3. Right to Inspect Property
Landlords may inspect the premises with reasonable notice to ensure no misuse, illegal activity, or unauthorized alterations are taking place.
4. Right to Evict on Valid Grounds
Eviction is possible through court intervention for reasons such as:
• Subletting without consent
• Structural damage to property
• Expiry of lease period
• Tenant becoming a nuisance or using property for illegal purposes
• Common Civil Disputes Between Tenants and Landlords
• Eviction without notice or court order
• Non-payment or delayed payment of rent
• Disputes over security deposit
• Unauthorized subletting
• Failure to maintain property
• Refusal to vacate after termination of lease
In all such cases, parties are advised to approach civil courts or rent authorities for resolution. It’s crucial to maintain a written rent agreement to avoid ambiguity.
Role of Legal Documentation
Having a well-drafted rental agreement that defines the tenure, rent, notice period, responsibilities, and terms of renewal is the best preventive tool against disputes.
Essential clauses should include:
• Security deposit and refund terms
• Lock-in period
• Rent increment policy
• Maintenance responsibilities
• Exit clause
Conclusion
Both landlords and tenants have specific legal rights and obligations under Indian law. Civil disputes can often be avoided through transparent agreements and open communication. In case of conflict, approaching the civil courts with the help of a qualified legal advisor ensures justice without resorting to unlawful tactics.
At Narendra Madhu Associates, we assist both landlords and tenants in drafting agreements, resolving disputes, and representing them in civil proceedings. For expert legal support, feel free to contact us today.
