At present under the Rent Control Act of 1948 and other state rent control laws protect the tenant’s interest so that it is not likely for the landowners to exploit the tenants. There are several rights available to tenants under the Rent Control Act, 1948.
Some of them are as below:
- To Begin with, the most critical difficulty that arises while renting a property is that what shall be the rent of the property and land. It is the legal right of every tenant to rent a property at a fair and reasonable rent amount. The rent shall be decided as per the existing market rates in the neighbourhood for a similar property. The cap to this of fixing rent varies by whether the property is in Rural Area or Urban Area, developing states or developed states, etc. The rent so fixed hence shall be following the Rent Control Act of various states. If the Landlord doesn’t follow the rent control act, then the tenant shall make a legal complaint against him in the Rent Courts.
- When renting a property, the fundamental right that a tenant has is the right to safe house property, i.e., to say that before shifting into the property the tenant has the right to verify whether all the safety measures are installed or not. Tenant may also ask the landlord to make any repairs like any leaking pipes, or replacements of the air conditioner or the generator or the heater, if any, or get the premises covered before the tenant shifts in. Moreover, the tenant has every right to call upon the landlord whenever he needs any repairs done.
- The tenant in the absence of the landowner or on the supervision of the owner shall carry on the required repairs on his own expenses, and later the landowner shall refund that amount to him on the same. There can be conditions in the rental agreement signed between the tenant and landlord as to what all payments need to be carried on by the tenant and what all expenses shall be carried on by the Landlord.
- At all times the property owner shall ensure the privacy of the tenant, he may not just visit the tenant at any time. He needs to give at least one-day prior notice to the tenant before visiting, and the same shall be in reasonable hours, besides any emergency situations and in such other circumstances, only the owner is allowed to enter the premises.
- The terms and conditions of the agreement shall always be binding on the tenant as well as the Landlord. In case, if the landlord breaches any terms of the rental agreement the tenant shall make a complaint in the small cases court and the authorities shall pass order as they consider fit. Because the owner of the property breached the terms of the contract, the tenant has the legal right to terminate the agreement and shall evict the property and land.
- The tenant also has the right to a fair as well as reasonable opportunity to be given by the landlord in cases when he/she wants to evict the tenant and only do so when he/she has proper grounds of eviction.
- The renter has the right to read and review all the terms and conditions of the rental agreement, and also, he/she can negotiate with the landlord any conditions as if he/she thinks fit. The tenant and the landlord shall again compromise and draft the rental agreement.
Besides the landlord-tenant laws, there are various other aspects that one needs to keep in mind while preparing rent leases. Hope above information will help understand all provisions the law entitles to you as a tenant.