Rent & Tenancy
Rent & Tenancy
Legal Assistance for Landlords and Tenants
Rent and tenancy issues are among the most common legal disputes in India. Whether it’s a rental agreement, eviction notice, or rent recovery, understanding your legal rights and responsibilities is essential. Our firm provides comprehensive legal support for both landlords and tenants to ensure fair, lawful, and hassle-free solutions.
Key Highlights
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FAQ
Rent & Tenancy
1. What is a rent agreement?
A rent agreement is a legal contract between the landlord and tenant outlining the terms and conditions for occupying a premises, including duration, rent amount, deposit, and mutual obligations.
2. Is a registered rent agreement mandatory?
For tenancy exceeding 11 months, registration is compulsory under the Registration Act, 1908. Unregistered agreements are not admissible as evidence in court but can be considered for collateral purposes.
3. What are the tenant’s rights in India?
Tenants have a right to peaceful possession, fair notice before eviction, receipt for rent payments, and maintenance of essential amenities. Arbitrary eviction or excessive rent increases are generally prohibited.
4. How much security deposit can the landlord collect?
State laws vary, but typically landlords can charge up to 2-3 months’ rent as a security deposit for residential leases, refundable upon proper handover of premises minus deductions for damage or dues.
5. Can rent be increased suddenly?
Rent can only be increased as per terms stipulated in the agreement or as per Rent Control Acts. Adequate written notice, usually one to three months, is required before any revision.
6. What is the procedure for eviction?
Eviction requires serving due notice to the tenant (as per agreement or state law). Grounds for eviction include non-payment of rent, breach of terms, subletting without permission, or bona fide owner’s requirement. Court orders are necessary for forcible eviction.
7. Who pays for maintenance and repairs?
Routine repairs and maintenance are typically the tenant’s responsibility, while major repairs and structural maintenance fall under the landlord’s obligations unless otherwise agreed.
8. What if the landlord does not return security deposit?
If the landlord withholds the deposit without valid deduction, the tenant can send a legal notice and seek refund through a rent controller, consumer forum, or civil court.
9. Can oral agreements be enforced?
While oral tenancy is legally valid, written agreements are strongly recommended for clarity. Oral contracts are difficult to prove in case of disputes.
10. How can disputes between landlord and tenant be resolved?
Disputes can be addressed through negotiation, mediation, or by approaching the Rent Control Authority, consumer court, or regular civil courts for relief.
11. What constitutes illegal eviction?
Locking out the tenant, removal of belongings or disconnection of essential services without due legal process is illegal and punishable under law.
12. Is subletting permitted?
Subletting is only permitted if expressly allowed in the rent agreement; otherwise, unauthorized subletting can be grounds for eviction.
13. What should be included in a rent agreement?
Names of parties, address, rent amount, deposit, duration, renewal terms, obligations, maintenance responsibility, and eviction procedure should be clearly specified.
14. How long does eviction process take?
Eviction timelines vary by state and fact situation, but contested cases may take several months to years. Courts may grant stay on eviction for a reasonable period in genuine hardship cases.
15. Are tenant’s rights different for commercial properties?
Commercial tenancies are governed less stringently than residential; terms are negotiable and usually specified in the individual contract.