Factors That Every Tenant And Owner Have To Follow While Renting Property

Posted by joel on September 6th, 2019

Giving out a property on rent and taking a property on rent both are quite a tricky task. Both landlord and the person looking for a property on rental have to come across various kinds of personalities while renting out or taking property on lease. It really becomes a frustrating task for both the parties to find something suitable and compatible for themselves. However, there are still many discrepancies that erupt between the landlord and the tenant. This can result in ugly disputes between both parties can lead to tangled litigation cases on some occasions.

The Rent Control Act has been passed by goverment of India  for controlling rent charges and to protecting the rights of the tenant and the landlord. It also safeguards the tenants from unlawful eviction and shields the owner from the issue of illegal occupancy of the tenant. Here are some of rules and factors that both the parties have to abide while renting a house or taking it on lease.

Written agreement

It is a must for both landlord and tenant to have a written agreement between then while leasing a property. It is essential for safeguarding the interest of both parties. A ‘legal form’ or stamp paper should be signed between the landlord and tenant at the time of giving and taking the lease. The duplicate copy of the agreement must be provided to the tenant by the owner after the formalities are over, and till that time, the tenant is not obligated to pay rent. Hence, it is advised to the tenants not to pay rent when the agreement is under process as the owner can ask them to vacate the property on the basis of non-payment.

Property maintenance

Apart from minor repairs or wear and tear jobs, both tenants and landlords are responsible for maintenance of the property, except there are different clauses in the agreement. For instance, the tenant cannot renovate or modify the house without the permission of the owner. If the tenant refuses to pay for the repairs, the amount can be deducted from their security deposit, and if the owner refuses, the money can be inferred from monthly payable rent.

Unliveable conditions

In case the maintenance breaches 50% of the settled rent, the property is then believed to be uninhabitable. If the owner does not comply with it, then the tenants have every right to leave the house with 15 days written notice or less. The tenant can also approach the Rent Authority regarding the case.

Damage to the property after occupancy

After the tenants occupy the property, they are liable for maintaining the original condition of the property except for the normal wear and tear. They cannot deliberately or carelessly cause any damage to the property. If such damage occurs, then, they must inform the owner at once.

Essential services

Basic essential services such as water supply, electricity, parking, communication links, and sanitation are the elementary rights of every tenant. These services cannot be withheld either by tenant or owners if there are non-payment dues. If either of the party withholds the essential services, then local rent authority has a right to intervene, initiate an inquiry can also penalize the accused and compensate the victim.

Eviction of tenant

Tenants can be asked to evacuate the house in case rental pay failure for two months in a row. Apart from that, if the tenants stay back in the property without written consent or misuse the property, they can be evicted from the property premises. If they fail to do so, the owner has the right to get a double rental as compensation.        

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