Responsibilities and Obligations of Landlords and Tenants
In summary, the tenant must fulfill the payment of rent or premium as stated in the lease deed, which is mandatory. The landlord’s primary duty is to provide a safe living environment. Breaching any terms of the lease deed holds consequences for both parties. Yourlawyer can assist in creating balanced agreements that benefit both landlord and tenant.
Responsibilities Of Landlords and Tenants
- Protection against unjust eviction
- Reasonable rental rates
- Necessary amenities
- Ability to collect rent
- Temporary reclaiming of property
How Y/our Lawyer helps in Formulating Lease Agreements ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
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How Y/our Lawyer helps in Formulating Lease Agreements ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
Prior to leasing any property to a tenant, it is imperative for the landlord to establish a rental agreement with the tenant. This agreement comprehensively delineates the rights and responsibilities of both parties involved—the tenant and the landlord. Various statutory laws regulate the landlord-tenant relationship and also offer provisions for resolving disputes that may arise within this relationship. On specific grounds, such as breaching the rental agreement or causing disturbance, the landlord holds the right to evict the tenant.
Meaning
The landlord, who is the legal proprietor of the property, grants the tenant, also referred to as the lessee or lessor, the right to occupy and utilize the property for a specified period. In exchange for this arrangement, the tenant is obligated to pay a predetermined amount of consideration, typically on a monthly basis, as stipulated in the mutually agreed-upon terms of the rent agreement established between the landlord and the tenant.
Responsibilities and Obligations of Landlords
- The owner is obligated to disclose all material defects associated with the property, including any latent defects that may not be easily discovered over time.
- The owner must ensure that the tenant is granted full possession of the property.
- It is the responsibility of the owner to promptly address and carry out necessary repairs on the property. Failure to do so may empower the tenant to undertake the repairs themselves and deduct the expenses from the rent or seek reimbursement from the owner.
- The owner must fulfill any required payments and obligations, and even if not explicitly created by the landlord, such payments can be recovered from the tenant or the property.
- The landlord has the right to collect or retrieve rent from the tenant in accordance with the terms outlined in the lease agreement.
- In the event of any breach of the lease agreement by the tenant, the landlord has the right to evict the tenant.
- Upon the termination of the lease period as per the agreement, the landlord is entitled to regain possession of the property.
- If the tenant fails to vacate the premises after the lease period has ended, the landlord has the right to seek compensation from the tenant.
- The landlord or their authorized agents must provide prior notice to the tenant before their arrival.
- The landlord may also request the tenant’s permission for constructing any structures or carrying out necessary repairs or improvements on the leased premises.
Responsibilities Of Tenants
- In the event of any accretion, such as alluvion, occurring during the lease term, the lease shall encompass such addition.
- If the property undergoes destruction or damage due to factors such as fire, flood, war, acts of violence, or other causes rendering it unsuitable for habitation, the tenant holds the option to terminate the lease agreement.
- Should the landlord fail to make necessary repairs within a reasonable timeframe after being duly notified, the tenant has the right to deduct the incurred repair expenses from the rent or seek reimbursement from the landlord.
- In the event that the landlord fails to fulfill a payment obligation or deliberately avoids making a payment that they are obligated to make, the tenant has the right to recover such payment from the landlord or deduct it from the rent or any outstanding amounts owed.
- Upon vacating the property, the tenant is responsible for removing any attached items and returning the property in the same condition as received.
- If the lease duration is unspecified, the tenant, along with their legal representatives, retains the right to harvest and collect crops they have planted, sown, or grown on the leased property.
- The tenant can transfer the property through sub-leasing or mortgage, subject to obtaining prior permission from the landlord. However, the tenant remains liable for any obligations arising from the lease agreement even after transferring the property.
Obligations of Tenants
- The tenant is obligated to pay the rent to the landlord within the specified time frame.
- The tenant must ensure the proper maintenance of the rented property.
- If any material fact arises on the property that has the potential to increase its value and the landlord is unaware of it, the tenant is required to disclose such information to the landlord.
- The tenant must promptly inform the landlord of any illegal encroachments, proceedings, or interference occurring on the property.
- The tenant is strictly prohibited from utilizing the rented property for purposes other than the intended use specified in the lease agreement.
- Without the consent of the landlord, fixtures or structures on the property cannot be permanently removed, except for agricultural purposes.
- Upon the termination of the lease, it is the responsibility of the tenant to return possession of the property to the landlord.
Grounds for Issuing a Legal Notice to Tenant for Premises Eviction
The reasons for sending a notice to the tenant by the landlord are governed by the relevant Premises and Tenancy Acts, which may vary from one state to another. However, the Acts outline specific grounds on which a legal notice can be sent to the tenant for eviction. Here are some of the common grounds for issuing an eviction notice:
- Non-payment of rent to the landlord, even after 15 days of expiry.
- Subletting the property without written consent or a No Objection Certificate (NOC) from the landlord.
- Using the property for purposes other than those specified in the lease agreement, such as running a commercial business without permission.
- Actions or omissions by the tenant that result in a loss of utility or value of the landlord’s property.
- Creating a nuisance in the neighborhood, prompting complaints from other residents, and requiring written consent from everyone.
- Tenant occupying a premise in another state or region for more than four months.
- Making unauthorized changes to the property or denying the landlord’s title to the property.
- Unauthorized modifications, alterations, or temporary constructions on the landlord’s premises.
- Landlord needing the property for personal use or for the use of their family.
- Landlord requiring the property for necessary repairs, with the intention of allowing the tenant back after completion.
- Demolition of the property for the purpose of constructing a new one.
In the event of any of the above-stated reasons, it is advisable for the landlord to consult a qualified lawyer to draft a proper legal notice for eviction. If the tenant fails to vacate the premises within 30 days of receiving the notice, the landlord retains the right to file an eviction suit against the tenant.
Process For Eviction Of Tenant In India
To initiate a suit for eviction against a tenant in India, a valid rent agreement is essential. Without such an agreement, proving the tenancy becomes a challenging task. Once the grounds for eviction have been established by the landlord, the following process should be followed:
Sending Notice for Vacating to the Tenant: The landlord must file a notice for eviction in the court within the jurisdiction where the rented property is located. This notice should clearly state the reason for eviction and provide a specific date and time by which the tenant is expected to vacate the premises. Sufficient time should be granted to the tenant to comply with the notice.
Filing a Suit for Eviction: Typically, tenants voluntarily vacate the property after receiving the eviction notice from the court. However, if the tenant fails to vacate or refuses to do so despite receiving the eviction notice, the landlord can proceed to file a suit for eviction with the assistance of a lawyer. The suit should be filed in the civil court that has jurisdiction over the property.
Final Eviction Notice: After hearing both the tenant and landlord, considering their arguments and presented evidence, the Court will issue a final eviction notice. Upon receipt of this notice, the tenant is legally obligated to vacate the property.
It is crucial for landlords to follow the proper legal procedures and seek professional legal guidance to ensure a smooth eviction process.