Rights Tenants & Landlords Need to be Aware Of: Basic rights that tenants and landlords need to be aware of
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10 December 2018 - 10:00, by , in NRI, No comments

The person who live in rental properties, often face disputes on minor/ tiny things with their property owner. Hence it is essential to know your rights as a tenant, as well as the rights of the landlord. Both must respect these rights to live harmoniously.

When it comes to rental properties, there are few basic rules and rights. The tenant, as well as landlords, should need to know, to avoid conflict. Let’s gaze at some neglected aspects.


Essential things that the landlord must provide with the property

Renters should inspect the flat for defects and make a note of them, by taking a picture to share with the landlord. They should make sure that the plumbing systems (including the water pressure), electricals fixtures and other provisions in the flat are in a usable condition. Some tenants also request that the landlord repaint the walls before they move into the flat.

The most fundamental requirements that a landlord (licensor) ought to offer to the tenant (licensee) under the standard Leave and License Contract comprise:

  1. To get the agreement duly stamped and enrolled, at the sub-registrar’s facility.
  2. Precise specifications of the licensed axioms, such as availability of car parking, an area the size of the premises, etc.
  3. Unbroken use and occupation of the licensed premises.
  4. Security and privacy of the licensee, to use and appreciate the licensed premises.


Who sustains the cost of repairs in a rental home?

Specialists believe that ideally, the licensor should sustain all costs. All costs resulting out of wear and tear and structural damage induced to the licensed premises, on account of the monthly license charges enjoyed by them. However, most of the people come to an understanding, whereby, the licensor bears the costs of all long-term structural damage, while the licensee bears regular wear and tear.

When should the rent deposit be given to the proprietor?

The payment term for the deposit is specified in the agreement with the landlord. Rent security is typically an advance given by the renter to the proprietor as security while moving into the rented property.  The deposit is usually inclusive of administrative fees. Deduction from the deposited should protect while walking into the leased residence. The idea of the deposit is to protect the landowner, in case of any damages or the case of any non-payment by the lessee. The payment term for the deposit is typically specified in the agreement with the landlord. The deposit is generally inclusive of administrative fees. Deduction from the deposited on any ground should be mentioned in the deal. The rent deposit is returned to the tenant after the completion of the tenancy period, assuming that there are no deductions applicable.

Under what condition a landlord can ask the renter to leave the property?

A landlord can ask the tenant to vacate under two conditions:

  • Eviction with a cause and
  • Removal without a cause

Dhruva elaborates: “Landlords can allow the tenant the pre-decided notice period, to look for alternate accommodation, in case of eviction without cause. In most situations, the following objectives can be a reason for expulsion:

  • Constant delay in the money/rent received from the tenant.
  • Violation of a term & condition specified in the agreement.
  • Illegal activities on the leased property.
  • Severe damage to the rental property.”

Increase in rental

The hike of rent is purely up to the understanding between two parties. There is no limit on such growth of rent as per the law. The licensee must negotiate and settle on fair terms, in respect of the increase in rent.

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