- July 10, 2021
- News
As a Tenant, you have the following rights
It is claimed that if a bird does not leave its nest, it will never learn to fly. Birds leave their nests before taking their maiden flight in order to pursue their goals. Humans, too. People leave the comfort of their homes to live temporarily abroad due to the weight of obligations and the desire to achieve their ambitions. It may be a new city or an entirely new nation. People choose various types of lodgings. It might be a hostel or a studio apartment.
One is needed to pay a specific amount of money to the owner of the apartment or room in this new rented location. The owner is referred to as the Landlord/Lady, while the person paying is referred to as the Tenant. It is usual for the landlord and the tenant to reach an agreement. However, the Tenant is frequently uninformed of their fundamental rights and is thus abused by the Landlord.
The majority of the time, tenants are unaware of their basic rights.
Do you want to learn about Tenants’ Rights in India? Continue reading.
Before we can determine whatever rights you have as a tenant, we must first define tenancy and its many kinds.
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To begin, what exactly is a tenant?
A Tenant is someone who pays a set amount of money to the owner of the land, also known as the Landlord/Lady, to reside in an apartment (temporary).
What exactly is the tenancy?
Tenancy implies ownership of land or property.
In India, there are two types of tenancy agreements:
A 12-month leasing agreement controlled by the State government’s Rent Control Laws.
Rent control regulations do not apply to lease and licensing agreements that run up to 11 months.
RIGHTS OF TENANTS
The Rent Control Act:
The Rent Control Act was enacted by the Indian government in 1948 to safeguard tenants’ rights and to regulate rent rates in order to prevent illegal evictions. Neither the landlords’ nor the renters’ rights are violated by the Act.
The Written Agreement:
A formal agreement between the landlord and the tenant indicating the legitimacy of the rental agreement is required. An oral pact is never a good idea, and it’s also not legal.
The Right to deposit amount:
The renter must pay the owner a security deposit in one single payment at the beginning of the tenancy. And the owner must repay the deposit within one month after the tenant’s departure.
The Rent:
The rent cannot be increased overnight by the landlord. He must follow government regulations and make a decision based on an amount agreed upon by both the landlord and the renter.
The Property maintenance:
The tenant and the owner share equal responsibility for the house’s upkeep. For example, the renter is not permitted to paint the property or remove the furnishings. At the same time, the owner cannot remodel the property without first obtaining approval from the renters.
The Tenants’ Eviction:
If a tenant does not pay the rent for two months in a row, the landlord may ask them to leave. Alternatively, if they cause damage to the residence or engage in any unlawful activity, they will be legally required to leave.
Right to free use:
Even if the lease agreement states that the renter is not allowed to prepare a specific sort of food or have visitors, these restrictions are invalid. As a renter, you have the freedom to have guests over and prepare anything you like.
Maharashtra rent control act 1999:
Every state has its own set of rules and regulations regarding rent control. Maharashtra is one of these states. In the year 1999, Maharashtra approved the Rent Control Act. The Act intends to harmonize the state’s rental rules and stimulate the building of new homes that provide landlords with a reasonable return on investment (ROI).
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