Rights And Liabilities Of Landlord And Tenant

Tenant is bound to pay rent or premium as mentioned in the lease deed. It is mandatory for him to pay the rent. The primary duty of the landlord is to meet the living conditions in a safe environment.   In case of breach of any term of the lease deed, landlord and tenant needs to bear the consequences. Lead India helps you to draft the best agreements favoring both.

Rights of Tenant:

  1. Rights against unfair eviction
  2. Fair rent
  3. Essential Services

Rights of Landlord:

  1. Right to evict
  2. Charge rent
  3. Temporary repossession of property
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Overview

Before renting any property to a tenant, the landlord must make a rent agreement with the tenant. The rent agreement outlines all the rights and liabilities of both the tenant as well as the landlord. There are several statutory enactments that govern the relationship between the landlord and tenant. The statutory enactments also make provision for dealing with disputes arising out of the relation of the landlord and the tenant. The landlord has the right to evict the tenant on certain grounds such as breach of the rent agreement or any nuisance created by the tenant.

Meaning

Landlord is the owner of the property who rents or leases the property to the tenant or the lessor for a specific duration and for a certain amount of consideration which is to be paid by the tenant monthly, according to the terms of the rent agreement made betweaen the landlord and the tenant.

Rights And Liabilities Of The Landlord

  • All material defects must be disclosed by the owner. Any latent defect which may not be discovered in the natural course of time must be disclosed by the owner of the property.
  • The owner must make sure to put the tenant in possession of the property.
  • The owner must not neglect to make necessary repairs on the property. If the owner fails to make the necessary repairs, the tenant can do the same and deduct the expense of repairs from the rent or recover it from the owner of the property.
  • The owner must not neglect to create any such payment which he or she is bound to make. And such payment is recoverable from the tenant or against the property even if the payment is not created by the landlord. 
  • The landlord has the right to collect or recover rent from the tenant according to the deed of lease.
  • The landlord has the right to evict the tenant in case of any breach of the lease deed by the tenant.
  • The landlord has the right to retain back his possession on termination of the lease period according to the agreement.
  • The landlord has the right of compensation from the tenant if the tenant does not vacate the premises after the termination of the lease period.
  • The landlord or any of his agents must intimate the tenant prior to their arrival.
  • The landlord may also seek the permission of the tenant for building any structure or carrying out any necessary repair or improvement on the leased premise.

Rights of Tenant

  • In case of any accession, that is, any alluvion for the time being force, is made then such accession shall be taken under the lease.
  • If any destruction or damage has been caused on the property due to fire or flood, war or violent act of mob or any other means which makes the property unfit for residing, then the lease becomes void at the option of the tenant.
  • Tenant has the right of deducting the expenses from the rent or recover them from the landlord which incurred due to the repairs made by the tenant. This right arises if the landlord fails to make necessary repairs on reasonable time even after sending notice.
  • The tenant has the right of recovering from the landlord or deducting it from the interest of the rent if the landlord fails to or avoids to make any such payment which he or she is bound to pay and such payment is recoverable from the tenant or can be recovered against the property.
  • In case the tenant leaves the property, he or she must ensure to remove all the things attached to such property and hand over the property in the same state as he or she received it.
  • The tenant along with their legal representatives have the right of collecting the crops that are planted, sown, or grown by such tenant on the leased property if the duration of the lease has not been specified.
  • The tenant can transfer the property by way of sub-lease or by a mortgage, provided prior permission has been taken from the landlord. However, the tenant cannot avoid the liabilities arising out of the lease even after transferring the property by way of sub-lease.

Liabilities Of Tenant

  • The tenant shall pay rent to the landlord on due time.
  • The tenant must maintain the property in proper condition which has been rented out to him or her.
  • The tenant shall disclose any material fact to the landlord that arises on the property and is likely to increase the value of the property and the landlord is not aware of the same. 
  • The tenant must inform the landlord of any illegal encroachment or proceedings or interference on the property.
  • The property rented by the landlord shall not be used by the tenant for any other purpose other than which the property is rented.
  • Except for agricultural purposes, no fixture or structure can be taken off permanently from the property without the consent of the landlord.
  • It is the duty of the tenant to give possession of the property back to the landlord when the lease is terminated.

Grounds For Sending Legal Notice To Tenant For Vacating Premise

The reasons for sending a notice to the tenant by the landlord are described in the Premises and Tenancy Acts. The Premises and Tenancy Acts vary from one state to another. However, the grounds on which a legal notice can be sent to the tenant has been described in the Acts.  Following are some of the grounds for sending eviction notice to the tenant for vacating the premise by the landlord.

  • Non-payment of Rent to the landlord with ill intentions even after the expiry of 15 days.
  • Subletting of property by the tenant without written consent or NOC from the landlord.
  • When a property is used for purposes other than mentioned in the Agreement Clause, such as using the property of the landlord for setting up a commercial business.
  • An omission or act which causes loss of utility of value of the landlord’s property.
  • When written consent is asked for by everyone due to causing a nuisance in the neighbourhood.
  • Occupation of a premise by the tenant in another state or region of the country for more than 4 months.
  • Any change made by the tenant in the nature of the property without the consent of the landlord or tenant denying the title of the owner.
  • Modification or alteration or temporary construction made on the landlord’s premises.
  • Landlord needs the property for personal use or the purpose of his family.
  • Landlord requires the property for making necessary repairs. And would let the tenant on the premises after completing the repairs.
  • For the purpose of demolishing the property and construction of another property.

For the above state reason, the landlord must consult a good lawyer for drafting proper legal notice for eviction of the tenant. The landlord has the right of filing the eviction suit against the tenant if such tenant does not vacate the premises within 30 days of the notice.

Procedure For Eviction Of Tenant In India

A rent agreement is required for filing a suit for eviction against the tenant in India. It becomes a difficult procedure for proving that property is rented if no such agreement has been made. The following process must be followed after grounds for eviction have been established by the landlord.

  • Sending Notice for Vacating to the Tenant- The landlord is required to file a notice for eviction in the court within whose jurisdiction the property rented is situated. The notice must specify the reason for eviction along with the date and time within which the tenant is required to vacate the property. A reasonable time must be given to the tenant for vacating the property by the landlord. 
  • Filing suit for eviction – Generally, tenants vacate the property after receiving the notice for eviction from court. However, even after receiving the eviction notice the tenant does not vacate the property or refuses to leave the property, the landlord can file a suit for eviction against the tenant with the help of a lawyer. The suit for eviction of the tenant is required to be filed in the civil court within the jurisdiction of the property.
  • Final Eviction Notice- A final legal notice to evict the tenant is issued by the Court after hearing both the tenant as well as landlord based on their arguments along with the evidence presented. On receiving the final eviction notice the tenant is required to vacate the property.

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FAQs On Landlord And Tenant Issue

A written notice of 21 days must be given either to the landlord provided a shorter time is agreed by the landlord. Whereas a notice period of 90 days must be given by the landlord in writing for vacating the property. In certain cases, the landlord can send a shorter notice period of 21 days.

The following documents are required for filing a suit for eviction:

  • Lease or Rent Agreement between the tenant and landlord.
  • Sale Deed or Title Deed or other documents pertaining to establishing the landlord's ownership of the property.
  • Previous lease or rent agreement
  • Copy of legal notice which is sent to the tenant
  • Other documents relating to the tenancy
  • Documents pertaining to proof of misconduct of the tenant.
Evicting a tenant in such a short duration is unlawful. The procedure of eviction includes serving of notice for vacating first. Further, a reasonable ground must be stated for service notice.
If after serving due notice to the tenant by the landlord the tenant refuses to vacate the property, then the landlord can proceed to court for obtaining an order of eviction in order to vacate the tenant from the property.
A verbal agreement between the tenant and the landlord is difficult to prove and evict the tenant. However, eviction proceedings can be initiated by the landlord by other related documents in the court for establishing the tenancy, such as rent receipts or electricity bills. Therefore, in the absence of the rent agreement a tenant can be evicted.
A specified date along with the reason for vacating must be mentioned in the legal notice sent to the tenant for vacating the property. However, in the absence of any such date, a period of 30 days is served to the tenant by the landlord.
The tenant cannot sub-let the rental property without the prior consent of the landlord. With the landlord’s consent, the property can be let to a third person.
The tenants have the right for remaining on the property based on the term of the lease after the ownership has changed due to sale. However, it makes the tenants less secured and a notice of 30-60 days be given for vacating.

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Trishna Kumari

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