Tenant will not have to pay rent if house is destroyed in flood or earthquake? Know what Indian law says If a house is destroyed by a flood or earthquake, the tenant will not have to pay rent. Learn what Indian law says.

In many parts of the country, natural disasters like flash floods, earthquakes, storms or fires not only cause damage to property but also create a huge crisis for people living on rent. In such emergency situations, disputes often start between tenants and landlords. The biggest question that arises is whether rent will have to be paid even after the house is damaged or filled with flood water? What will happen to the security deposit and who will be responsible for the repairs? Very clear and strict rules have been made in Indian law regarding all these circumstances, which provide great relief to the tenants.

In India, mainly two legal systems work to decide such disputes and rights – the first is the ‘Transfer of Property Act, 1882’ and the second is the modern-day ‘Model Tenancy Act, 2021’.

Transfer of Property Act: Does the rent agreement automatically come to an end when disaster strikes?

This Central Law applies effectively throughout the country, unless any State has its own specific rent control law. There is a provision under Section 108(B)(e) of this Act that if a rental property is partially or completely destroyed due to flood, fire, earthquake or any other natural or man-made disaster (such as riot or violence) and becomes uninhabitable, then the tenant has the right to consider that lease agreement as canceled (void) with immediate effect.

However, the most important thing is that the rent agreement does not automatically or automatically terminate in case of disaster. It entirely depends on the wish of the tenant whether he wants to leave the house or not. If the tenant decides to stay in the same damaged house, he will have to pay the regular rent. This rule only applies if the damage is very large and permanent; The agreement cannot be canceled on the basis of minor repairs.

Model Tenancy Act: Tenants get great protection in these states including Uttar Pradesh, Tamil Nadu

With time, to make the rent rules simple and transparent, the Central Government had prepared the Model Tenancy Act, 2021, which has now been implemented by many big states like Uttar Pradesh, Andhra Pradesh, Tamil Nadu and Assam. Section 15(6) of this new law gives great financial protection to tenants.

According to this law, if the house becomes unlivable due to a natural disaster, the landlord cannot force the tenant to pay rent. The landlord will first have to completely repair the property and make it habitable again. The rent for the period till the house is completely repaired will be completely waived.

Security deposit to be returned within 15 days and rules for entry without notice in emergency

If the disaster renders the home completely uninhabitable or the landlord is unable to repair it, the tenant may vacate the home. In such a situation, it is mandatory for the landlord to return the entire security deposit and rent taken in advance to the tenant within 15 days of the expiry of the notice period. If the tenant has any past dues, the landlord will deduct the same and return the remaining amount.

Apart from this, Section 5(3) of this law says that if the fixed-term rent agreement of a tenant is ending during the disaster, then on the request of the tenant, the landlord will have to allow him to stay in the house on the same old terms for the next one month even after the disaster situation is over.

Generally, the landlord has to give 24 hours notice before coming to the rented house, but this rule does not apply in emergency situations like flood or earthquake. In such an emergency, the landlord can directly enter the premises without any prior notice.