Скачать или смотреть Landlord v/s Tenant II Essential Rights of Tenants || Security Deposit Trapped?

In this video we have discussed some of the most important Rights of the Tenant and the Landlord. These Rights and Duties are aimed to educate both parties. Whenever you take any premises on lease then do remember all these points

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Time Stamps

00:00 Introduction
00:21 Tenant vs Landlord
01:13 Written Agreement
01:48 Maintenance of the property
02:32 Inhabitable conditions
02:44 Damage of property after tenancy commences
03:35 Peaceful possession
4:16 Essential supplies
04:46 Eviction of tenant
05:17 Death of the tenant
05:45 Unilateral increment of rent
6:29 Security deposit
07:08 Outro

The term landlord refers to a person who owns property and allows another person to use it for a fee. The person using the property is called a tenant. The agreement between a landlord and a tenant is called a lease or rental agreement.

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1) A written agreement
It is essential to have a written agreement between tenants and owners for the law to safeguard the interests of both the parties. An oral agreement is not legally binding, and no one should ever settle for it.
However, it is not advised to not pay the rent if the agreement is still in process because the owner can ask you to evacuate on the grounds of non-payment of dues.

2. Maintenance of the property.
Apart from the normal wear and tear, both parties—the tenants and the owners—are jointly responsible for the maintenance of the property, unless the agreement specifies different conditions. For example, as a tenant, you cannot pull down a wall, or as the owner, you cannot renovate the premises unless agreed upon by both parties.
In the case that the tenants refuse to pay for the repairs, the amount can be deducted from their security deposit and if the owners refuse to pay, the amount can be deducted from the periodic rent.

3. Unhabitable conditions
If the price of maintenance crosses 50% of the agreed rent, the house is considered to be’ unhabitable.’ If the owner refuses to act upon it, the tenant(s) have the right to vacate their premises with a 15-day written notice to the lessor.

4. Damage of property after tenancy commences
Once the tenants occupy the house, they are responsible for maintaining the original conditions (again, except for the minimal, normal wear and tear). They cannot intentionally or negligently damage the property and if in the cases that such damage does occur, they must notify the owner immediately.

5. The landlord or landlady cannot enter the premises without prior notice:
Whether it is to carry out repairs, check the conditions of the house or any other reason stated in your rental agreement, the owner cannot enter your premises without a 24 hour written notice. They must inform you of their arrival beforehand and cannot carry out surprise checks—whether you are a family or a set of bachelors renting the house. The Model Tenancy Act also says that the entry must be during reasonable hours like 8AM – 7PM

6. Essential supplies
Essential services like the supply of water, electricity, parking, communication links, sanitary services etc. are the basic rights of tenants. These services cannot be cut off or withheld by either the tenants or the owners—even in the case of non-payment of dues.

7. Eviction of tenants
Tenants may be asked to vacate the premises if they fail to pay their full rent for two consecutive months. If the tenants fail to do so within the specified time, the landowner is entitled to double the monthly rent as compensation.


8. Death of the tenant
If the tenant passes away, the right of tenancy for the remaining time period (according to the rental agreement) goes to his/her successor in the following order:
-Spouse
-Sons/unmarried daughters
-Parents
-Daughter in law (who is the widow of a predeceased son)
9) Unilateral Increment of Rent
The landlord cannot unilaterally increase the rent during the tenancy without the consent of the tenant. Nor it can unilaterally end the tenancy without giving a valid reason and advance notice.

10. Security deposit
Once the premises are vacated, the owner must refund the security deposit to tenants within one month. They can deduct the liable amount from this (after discussion with the tenants and agreement by both parties) before refunding the amount.