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Know Your Rights/Tenant Rights
Protections for Renters and Lessees

Tenant Rights

As a tenant, you have legal protections against unfair eviction, arbitrary rent increases, and denial of essential services. Understanding these rights helps ensure a fair tenancy relationship.

Right 01

Right to Fair Rent

Tenants have the right to pay only the agreed or standard rent. Landlords cannot arbitrarily increase rent beyond what is stipulated in the rent agreement or permitted by applicable rent control laws.

Legal Basis: State Rent Control Acts, Model Tenancy Act 2021

Right 02

Right to Essential Services

Landlords cannot cut off essential services like water, electricity, or sanitation to force eviction. Such actions are illegal and can be challenged in court. Tenants can approach authorities for restoration.

Legal Basis: Section 22 of Model Tenancy Act 2021, State Laws

Right 03

Right Against Arbitrary Eviction

A tenant cannot be evicted without proper notice and valid legal grounds. The landlord must follow due process of law and obtain an eviction order from the competent authority or court.

Legal Basis: State Rent Control Acts, Transfer of Property Act

Right 04

Right to Written Agreement

Tenants have the right to a written rent agreement specifying all terms including rent, duration, maintenance responsibilities, and conditions for renewal or termination.

Legal Basis: Section 4 of Model Tenancy Act 2021

Right 05

Right to Privacy

Landlords cannot enter the rented premises without prior notice and consent of the tenant, except in emergencies. The tenant's privacy and peaceful enjoyment of the property must be respected.

Legal Basis: Transfer of Property Act, Section 108(h)

Right 06

Right to Security Deposit Refund

The security deposit must be refunded within the time specified in the agreement or within a reasonable period after vacating. Landlords can only deduct for actual damages beyond normal wear and tear.

Legal Basis: Section 12 of Model Tenancy Act 2021

Right 07

Right to Repairs and Maintenance

Landlords are responsible for structural repairs and maintenance unless the agreement specifies otherwise. Tenants are typically responsible for minor repairs arising from ordinary use.

Legal Basis: Transfer of Property Act, Section 108(c) and (m)

Right 08

Right to Sub-let (If Permitted)

If the rent agreement permits, tenants can sub-let the premises. However, sub-letting without permission can be grounds for eviction. Always check your agreement for sub-letting clauses.

Legal Basis: Rent Agreement Terms, State Laws

Important Tips

  • Always get a written rent agreement registered if above 11 months
  • Keep copies of all rent receipts and payment records
  • Document the condition of the property with photos at move-in
  • Get all repairs and maintenance requests in writing
  • Never vacate without proper settlement of dues and refund confirmation
  • Understand notice period requirements in your agreement
  • Know the local rent control laws applicable in your city

Legal Provisions

Key Legislations

  • Model Tenancy Act, 2021
  • Transfer of Property Act, 1882
  • State-specific Rent Control Acts
  • Indian Contract Act, 1872

Tenant Protections

  • Section 108 - Rights of lessee (Transfer of Property Act)
  • Notice requirements before eviction
  • Protection against arbitrary rent increase
  • Right to essential services

Dispute Resolution

  • Rent Authority (under Model Tenancy Act)
  • Rent Tribunal/Court
  • Civil Courts
  • Mediation and Conciliation

Need Legal Help?

Our advocates can help you understand and exercise these rights.