Anonymous
Asked July 29, 2016

Rights of Tenants

  • 1 Answer
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I would like to know the rights of tenants at rented place in India. Can you please help.

Answer 1

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Saumya Kumar
The rights and liabilities of the tenant and the landlords are governed by the lease agreement signed between the parties. A detailed study of the lease agreement will be able to help you identify the rights which the tenant enjoys. In the possible scenario that there is no lease agreement then the rights of the tenant is construed from Section 108 of the Transfer of Property. This Section provides the rights and liabilities of the tenant (referred as lessee) and the landlord (referred as lessor). Under Section 108 (A) of the Act, the lan dlord will have to disclose all the details about material defects in the property with the tenant. Further, the provision provides that the landlord must ensure that if the the tenant pays the due amount and abides by the terms of the lease then he has the right to an uninterrupted use of the property. In the possible scenario that the property is destroyed then the lease will be canceled. Where the destruction is caused by the fault of the tenant then the lease will be terminated and the tenant may be asked to pay compensation for the destruction caused depending upon the facts. If the tenant pays for any expense on the property like repair or other expenses which should have been paid by the landlord, then the tenant may deduct the expense incurred from the rent paid. The tenant is allowed to sub-lease the leased property to a third party, which will not terminate the responsibility of the original tenant and actual owner, towards the property. The tenant has the freedom to make changes in the property but not permanent changes and must use the property for the purpose for which it was leased. Any changes in the property must be duly conveyed to the landlord. The tenant has the responsibility to maintain the property and must ensure that the property is returned to the landlord the way he received when the lease terminates.
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