When a tap leaks or a wall cracks, the immediate question is often: who bears the responsibility, the landlord or the tenant? India's Model Tenancy Act, 2021 provides a clear framework to address this issue.
Landlord's Responsibility
Both the landlord and the tenant are required to maintain the rented premises in as good a condition as it was at the start of the tenancy, excluding normal wear and tear. The landlord is specifically accountable for repairs and maintenance as outlined in the Second Schedule or as mutually agreed upon in the tenancy agreement.
If a landlord fails or refuses to carry out necessary repairs, the tenant has recourse. The tenant may undertake the repairs themselves and deduct the expenditure from subsequent months' rent, with an important limitation: such deductions cannot exceed fifty per cent of the agreed monthly rent in any single month.
In cases where the premises become uninhabitable due to the landlord's failure to repair, the tenant has the right to vacate after serving fifteen days' written notice.
Tenant's Duty of Care
During the tenancy, a tenant must not intentionally or negligently damage the premises, must promptly inform the landlord of any damage in writing, and must take reasonable care of the property, including its fittings and fixtures. The tenant is also responsible for keeping the premises in a habitable condition consistent with the commencement of tenancy and normal living.
If a tenant fails to carry out repairs they are responsible for, the landlord can either perform the repairs or remove any unauthorized structure erected by the tenant and deduct the costs from the security deposit. Any amount exceeding the security deposit must be paid by the tenant within one month of the landlord's notice.
Force Majeure
In cases of 'force majeure', where the premises become uninhabitable due to events beyond anyone's control such as floods, fire, cyclones, or other natural calamities, the landlord shall not charge rent until the premises are restored to a habitable condition.
If restoration is not possible, the security deposit and advance rent must be refunded within fifteen days of the notice period's expiry.
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