INTRODUCTION
Tenant rights mean the security given to people who live on rented property. The various state laws and the Rent Control Act, of 1948 govern these rights. They mention rights related to the security of tenure, rent control, eviction etc. These laws ensure fair and reasonable treatment for both landlords and tenants.
KNOW ABOUT YOUR RIGHTS AS A TENANT
Some common rights that tenants have in India are
1. Right to a safety
Every tenant has the right to live in a rental property that is in good condition. The premises must be free from any dangers or defects that may affect the tenant’s health or safety. The landlord handles the task of major repairs and the property’s maintenance. Tenants are responsible for keeping the property neat and clean. Tenants can approach the Controller if the landlord violates their rights.
2. Right to protection from unfair eviction and rent increases
Landlords cannot evict tenants without a valid reason and due legal process. Some of the valid reasons are; non-payment of rent, breach of rental agreement, etc. Also, landlords cannot increase the rent beyond a certain percentage every year. Tenants have the right to defend themselves in court in case of eviction or rent increase.
3. Right to privacy
Tenants have the right to enjoy their privacy without any interference. Landlords cannot enter the property without the tenant’s consent. There are exceptions to it like emergencies or with reasonable notice. Landlords also cannot threaten tenants or violate their personal space.
4. Right to security deposit refund
Landlords often take a security deposit from tenants before they move in. This deposit acts as a safeguard against any potential damages or unpaid rent by the tenant. The security deposit amount is usually equal to one or two month’s rent, according to state laws. Landlords must give back the security deposit to the tenant when they decide to leave. The landlord has the right to deduct charges for any sort of damage caused by the tenant.
5. Right to a rental agreement
A rental agreement binds the landlord and tenant in a contract. It outlines the terms and conditions of the tenancy. It includes details such as monthly rent, security deposit, duration of tenancy, etc. Both landlords and tenants should review the rental agreement before signing it. They should ensure that it follows the applicable tenant-related laws. A rental agreement can be oral or written. People prefer written agreements because it guarantees better clarity and evidence.
6. Right to receipt
Tenants have the right to request a receipt from the landlord for every payment they make. The receipt should mention the date, amount and purpose of payment. The receipt acts as a proof of payment. It helps to avoid any disputes or misunderstandings between the landlord and tenant.
7. Right to notice period
Tenants have the right to a notice period before leaving the property. It is also applicable when the landlord ends the tenancy. The rental agreement specifies the notice period. It can vary from 15 days to 3 months, depending on the state laws and mutual consent of both parties. The notice period gives both parties enough time to settle any dues or disputes.
8. Right to legal heirs
Tenants have the right to transfer their tenancy rights to their legal heirs in case of their death. The legal heirs can continue to live in the rented property under the same terms as the deceased
9. Right to Fair Treatment
All tenants have the right to fair treatment. No landlord can Discriminate against tenants on grounds of religion, caste, gender, race etc.
10. Right to Essential amenities
All tenants have the right to enjoy essential amenities. The landlord cannot cut off supplies like water, electricity, etc without prior notice. In case of any default, the tenant can appeal to the Controller.
CONCLUSION
In Conclusion, Tenant rights aim to protect the interests and welfare of tenants. It also ensures that landlords get fair compensation for their property. They also promote cordial relationships between landlords and tenants. Therefore, it is important for both landlords and tenants to be aware of their rights.
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