tenant rights against landlord harassment

Tenant rights against landlord harassment: Taking a house on rent in India is not just a deal but a legal process. Often tenants are not aware of their rights and become victims of the landlord’s arbitrary actions. But the law has given you many such rights which protect you from unnecessary troubles.

The Central Government has further strengthened these rights by enacting the ‘Model Tenancy Act, 2021’. Even though it is up to the states to enforce it, as a tenant you should be aware of these fundamental rights of yours.

1. You cannot be thrown out of the house whenever you want

This is the biggest right of the tenant. The landlord cannot ask you to vacate the house whenever he wants. He must provide a solid and legal reason for doing so, such as:

• If you have not paid rent for two consecutive months or more.
• If you are misusing the house (like commercial work).
• If you have broken any condition of the rent agreement.
• If the homeowner or his family really needs the house to live in it.

2. No action without notice

Even if the landlord wants to evict you, he or she must first give you a written notice. What will be the notice period is usually written in your rent agreement. Even if your agreement has expired, the landlord cannot forcibly evict you without a court order.

3. There are rules on security deposits also

The landlord cannot ask for any arbitrary security deposit from you. According to the new rules:

• For home: Security deposit cannot exceed two months’ rent.
• For shop or office: It cannot exceed six months’ rent.

When you vacate the house, the landlord is required to return your security deposit on time. If there is any damage in the house, then after deducting the money for its repair, you will have to return the remaining amount.

4. Your privacy is most important

A rented house is your own space and your privacy should be respected. The landlord cannot come into your house without reason.

• If he has to come for some work, he has to tell you at least 24 hours in advance.
• The time of arrival should also be between 7 am to 8 pm.
• Yes, in case of any emergency he can come without informing.

5. No right to disconnect electricity and water

This is a very important right. Even if you have a dispute with your landlord regarding rent, he cannot cut off your electricity, water or other essential services. You must get these basic facilities.

Some more important things:

• Responsibility for repairs: Major repairs to the home (e.g. leaks in walls, structural defects) are the responsibility of the landlord.
• Make sure to get a rent agreement: Always get a written and registered rent agreement. This is the biggest evidence for you in case of any dispute.

By knowing these rights of yours, you can become a responsible tenant and protect yourself from any kind of arbitrariness.