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Like many big markets, the Indian real estate sector has recently been greatly boosted by commercial office space and storage; yet, even before the COVID-19 pandemic, the residential market has had difficulties. It has frequently struggled with financial challenges, sales slowdowns, demand-supply mismatches, and liquidity issues. The home market had shown signs of a steady recovery in recent years, but the pandemic stopped the gradual accumulation of momentum. Ensuring tenant rights is crucial to addressing these challenges and fostering a healthy rental ecosystem.
Each party has basic rights and obligations in the landlord-tenant relationship. The landlord is responsible for keeping the property livable and safe, while landlords are entitled to complete rent payments each month on the due date.
Federal, state, and local legislation grants tenant rights, such as a decent place to live and immunity from illegal discrimination. Both parties must adhere to the lease conditions to maintain a fair rental relationship.
Although there are fewer housing options available to potential renters with lower wages, a tenant’s rights cannot be compromised. These rights apply to various rental properties, such as mobile homes and family residences.
Renters are entitled to a written rental agreement or lease that outlines the terms and conditions of their tenancy, including the rent amount, duration, and the responsibilities of both parties involved.
Tenants are entitled to anticipate that the property is kept in a livable state. Typically, landlords are accountable for performing required repairs to maintain the property’s quality.
Renters are entitled to safeguard against illegal eviction. Property owners are required to adhere to the procedures outlined in the Rent Control Acts or the rental agreement. This involves giving appropriate notice. These laws uphold tenant rights against any unlawful practices.
Renters are entitled to privacy in their homes. Property owners are not permitted to access the property without giving prior notice and obtaining the tenant’s agreement, except during emergencies.
Renters have the right to receive their security deposit back, usually after the lease, except for deductions related to unpaid rent or property damages.
Tenants have the right to a just and equitable rent, usually based on current market rates and the property’s location. Landlords are prohibited from imposing unreasonable rent hikes during the tenancy, thereby protecting tenant rights in terms of affordability.
Landlords have the right to receive rent punctually and in its entirety. The lease agreement must specify the rent amount, payment deadlines, and accepted methods of payment.
Landlords possess the authority to evict tenants under specific circumstances, such as subletting without consent, failing to make rent payments, or violating lease terms. The eviction procedure must follow legal protocols, beginning with a notice period mandated by law.
Landlords can set rent according to market rates and raise it periodically. Typically, rents in India rise by about 10 percent annually. However, state legislation, like the Delhi Rent Control Act, may regulate such increases.
The landlords can temporarily reclaim the property for necessary repairs and renovations. However, such modifications must not negatively impact the tenant.
This act establishes the guidelines for forming contracts and provides remedies for breaches. It includes principles like the rule of offer and acceptance, the intention to form legal relations, and the capacity of parties to enter a contract.
This act governs property transfers among living individuals, ensuring transparency and legality in property dealings.
Balancing the responsibilities of tenants and landlords fosters a positive relationship. By adhering to these practices, both parties can create a successful rental agreement.
Striking a fair balance between tenant and landlord rights is critical for fostering harmony and trust in rental relationships. Tenants and landlords must remain aware of their legal rights and obligations while ensuring mutual respect and open communication. A fair and transparent approach benefits both parties, promoting long-term stability in the rental market. This collaborative effort is essential for creating a thriving rental ecosystem that addresses the needs of all stakeholders while safeguarding tenant rights.
Also Read: Understanding Bail Laws in India: Types, Processes, and Rights of the Accused
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