When one rents a property, one needs to be careful as the renting process can be tricky. There is quite some risk in the process and hence before getting into it, one must be aware of everything, from renting to the evacuation process.
It is important to know what rights one has as a tenant and as a landlord. What are the important laws that govern this aspect of real estate? The Rent Control Act was put in place for all the essential information and laws that the landlord and tenant must be aware of, whether it is for a Mumbai lease house or a Chennai lease house.
The important things that a landlord and a tenant must know are as follows:
1. Written Agreement
It is critical for any landlord and tenant to know that oral agreements are not binding and one must take care of all the formalities through a written document that is binding in nature and valid. A form would include certain terms and conditions that would require the signature of both the parties, the landlord and the tenant. All the agreements are governed by the Indian Contract Act and they are necessary for such situations.
Hence, both parties must make a legally binding document.
2. Property Maintenance
The property is the responsibility of both the landlord and the tenant. They both have to take care of the property. Apart from normal wear and tear, every other thing is the joint responsibility of both parties. For example, there are certain things you just cannot do. As a tenant, you cannot destroy the property or make any changes without the permission of the landlord.
If there is any damage and the landlord refuses to pay for it, the same can be deducted from his monthly rent. If the tenant refuses to pay, the amount can be deducted from his security deposit.
The tenant needs to be fully aware that he is entitled to his privacy. The landlord cannot barge into the house whenever he pleases and without the permission of the tenant. The landlord is obliged to take permission from the tenant before entering the premises. The right to privacy is a legitimate concept and people need to understand and follow the same.
If the tenant is misusing the property or has disappeared for a long time without notice, the landlord or landlady has the right to ask the tenant to evacuate the premises. If the tenant fails to do so, the rent can be doubled as a means of compensation.
The tenant is supposed to keep the property in good condition. He cannot be negligent about the same. It must be kept well and in case any damage has happened, the tenant must tell the landlord about it at the earliest so that some conclusion is reached and the damage is repaired. The tenant has to keep the landlord informed about any such problems.
6. Uninhabitable Environment
The landlord cannot rent out a place that is unhygienic or unfit to stay. It needs to be clean and habitable. If a place is infected or there is some major damage, the landlord has to fix it before putting up the property for rent. If the maintenance of the property is exceeding a certain amount or percentage, the tenant has the right to inform the landlord about the same.
If the landlord refuses to do anything about it, the tenant can give notice and leave the apartment or even inform the rent authorities about it so that they act upon it.
7. Basic Needs
Electricity and water supplies are basic needs. A landlord cannot just take away these basic rights if the tenant fails to pay the rent. These are essential needs and they cannot be taken away, no matter what the situation is.
If such an act is performed, the tenant has complete rights to inform the rent authorities to act upon it immediately.
In cases where there is the death of a tenant, the tenancy passes on to the successor of the tenant. The successor may include the parents, child or the spouse of the tenant. They have the right to continue the tenancy. The only requirement is that the successor must be living with the tenant. There are situations where the tenant and successor do not live together and so in such situations, the tenancy rights do not apply and the lease will get over immediately.
The landlord has to inform the tenant about the termination of the contract well in advance if it is being done before the due date. The landlord has to give the tenant enough time before the contract terminates. The tenant has the right to be informed well in advance.
The landlord and the tenant have to settle on a monthly rent amount. This amount has to be decided by both parties together and this has to be a part of the agreement. This is necessary to avoid any future miscommunication between the parties and also to avoid any sort of confusion regarding the same.
The rent is decided keeping in mind the facilities provided, the location of the home, the size of the property and other factors as well. It should be agreed upon by both parties.
It is important for people to be extra careful when the renting process is in question. This can be a tricky process and it is better to be aware of all the laws and information before diving into this process.
The Rent Control Act is in place so that the interests of the landlord and tenant are taken care of. The local rent authorities are always available in case of any trouble with any issue.
Therefore, one must know the rules, terms, and conditions properly before getting into any sort of rent process.
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