Whether you live in a rented accommodation or are planning to move into one, it is essential to understand your rights as a tenant. Knowing what a landlord can and cannot do can help you avoid disputes and ensure a fair rental experience. Tenancy laws in India are largely governed by state-specific regulations, with the Model Tenancy Act (MTA) of 2021 serving as a framework that states may adopt. While the MTA provides a uniform set of guidelines, individual states have their own laws that may differ. Currently, the MTA is effective in Uttar Pradesh, Assam, Andhra Pradesh, and Tamil Nadu, with Maharashtra expected to adopt it soon.
Key Tenant Rights Under the Model Tenancy Act
1. Protection Against Unlawful Eviction
A landlord cannot evict a tenant without a valid reason during the tenancy period, provided there is a written agreement. Legal grounds for eviction include non-payment of rent for two consecutive months, misuse of the property, or unauthorized structural changes. The landlord must approach the Rent Court and obtain an eviction order as per the MTA 2021.
2. Limit on Security Deposits
Landlords cannot demand an unlimited security deposit. Under the MTA, the maximum deposit for a residential property is two months' rent, while for commercial spaces, it is six months' rent.
3. Access to Essential Supplies and Services
Basic amenities such as water, electricity, lighting, lifts, and parking are mandatory. If a landlord cuts off these services, the tenant can approach the Rent Authority, which may order immediate restoration and award compensation of up to two months' rent.
4. Right to Written Agreements and Receipts
No premises can be rented without a formal written agreement submitted to the Rent Authority. After paying rent, tenants are entitled to a signed physical receipt. For electronic payments, a bank acknowledgment or UPI transaction receipt serves as proof.
5. Privacy and Notice Before Entry
A landlord or property manager cannot enter the rented premises without prior notice. They must provide written or electronic notice at least 24 hours in advance, specifying the date, time, and reason for entry (e.g., repairs or inspection). Entry is permitted only between sunrise and sunset.
6. Right to Undertake Urgent Repairs
Landlords are responsible for structural repairs. If they refuse to carry out essential repairs that make the property uninhabitable, tenants can perform the repairs themselves and deduct up to 50% of the monthly rent from the rent. If the property becomes entirely unlivable, the tenant may vacate after giving 15 days' written notice. The landlord must then refund the full security deposit and any advance rent within 15 days, after deducting only pre-existing unrelated liabilities.
7. Protection During Natural Calamities
If the property is damaged by a natural disaster such as floods, earthquakes, or fire, the landlord cannot charge rent until the property is restored to a livable condition. If restoration is impossible, the landlord must refund the security deposit and advance rent within 15 days.
Understanding these rights empowers tenants to demand fair treatment and take legal action when necessary. Always ensure you have a written agreement and keep records of all transactions.
