An Insight into the Legal Rights of a Tenant

Landlords and tenants need not be afraid anymore because both parties will be safeguarded by the new bold tenancy law drafted by the Union Government. The housing and urban poverty has readied the draft of the Model Tenancy Bill, 2015, doing away with some archaic rules that govern this sector. It proposes an independent authority for registration of all tenancy agreements and a separate court for dissolving disputes.

An Insight into the Legal Rights of a Tenant

An Insight into the Legal Rights of a Tenant

This is a major problem in this country where a large number of rent-related litigations are pending in the courts. Realty experts say that this move will encourage rental housing, a key component of the NDA government’s flagship scheme ‘Housing for all by 2022’. Currently all states have their own laws which have become archaic, the landlord is scared that the tenant won’t vacate and the tenant has problems with rent hikes or eviction.

The law has safeguards for tenants, where he will not face untimely eviction or brave the nightmarish rent hike. ‘All tenancies entered into after the commencement of the act shall be for a period as agreed by the tenant and the landlord and shall be for the period as fixed by the agreement’. It says that no one can rent or take a property without entering into a written agreement, which has to be registered with the rent authority. Besides, all disputes will be heard at the rent courts which the states have set up.

Civil courts will no longer hear such cases. Rights as a tenant in private rented accommodation include:

  • You are entitled to quiet and exclusive enjoyment of your home. You are also entitled to minimum standards of accommodation.

  • You are entitled to a rent book.

  • You are entitled to contact the landlord or agent at reasonable times.

  • Your landlord is allowed to enter your home only with your permission.

  • You are entitled for reimbursement for repairs carried out that are your landlord’s responsibility.

  • You are entitled to a certain amount of notice of the termination of your tenancy.

  • You are entitled to refer to disputes to the Private Residential Tenancies Board [PRTB].

Security of Tenure-In general you may have security of tenure for 4 years, though your landlord can end the contract within 6 months without giving you a reason. After 6 months you have the right to stay for 3 years and 6 months, provided you keep the terms of the contract. If you intend to continue staying you should inform your landlord in writing between 3 months and 1 month before the expiry of your fixed term tenancy or lease agreement.

Security Deposit-Paying a deposit which you can reclaim at the time you vacate provides security to both the parties. Here the landlord holds the deposit as a safeguard against arrears in payment or damages caused during your stay. The landlord may keep part or the entire deposit in case of-

  • Rent arrears.

  • Unpaid bills.

  • Damage above normal wear and tear.

  • If you have not given adequate notice.

So with the new laws, the interest of the landlord and the tenant are guarded, so both don’t face any problems.

Read More About……………..How to Plan and Save for Your Home While Renting