Planning To Put A House On Rent? Know The Legal Rights Of Landlords In India

Courts nationwide have issued verdicts based on claims from both parties and relevant laws. The outcomes have varied, sometimes favouring landlords and other times tenants

As the property owner, the landlord should inherently possess the right to remove an unsuitable tenant ( Image Source :Getty )

India has faced numerous disputes between landlords and tenants, many of which have escalated to the courtroom. Courts nationwide have issued verdicts based on claims from both parties and relevant laws. The outcomes have varied, sometimes favouring landlords and other times tenants. Some of these cases have even made their way to the Supreme Court, challenging rental laws in India. One can avoid these challenges by taking note of these significant rights of a landlord in India.

Right To Evict 

As the property owner, the landlord should inherently possess the right to remove an unsuitable tenant. Nonetheless, challenges arise as the Rent Control Act applies solely to tenants occupying properties for over 12 months, causing hurdles for landlords seeking eviction.

However, there are several grounds on which the law permits a landlord to evict a tenant. These include subletting a portion of the property without the landlord's consent, failure to make rent payments, engaging in illegal activities on the rented premises, and breaching the rental agreement in any manner. Additionally, landlords can include clauses in the rental agreement for incremental rent hikes when tenants refuse to vacate the property. Moreover, the landlord can seek eviction if they require possession of the premises for personal use or occupation.

Temporary Possession Right

The property landlord has the legal authority to evict a tenant for repair and maintenance purposes. If the landlord determines that essential repairs, construction, alterations, or additions cannot be completed without the tenant's eviction, they have the right to request the tenant to vacate the premises. Once the repair works are completed, the premises can be rented out to the tenant again.

Right To Be Informed Of Maintenance Needs

It is the responsibility and duty of the property owner to maintain the rental premises in a suitable condition for occupancy. The landlord retains the authority to initiate repairs and should be notified of any necessary maintenance tasks. While minor repairs may be undertaken by tenants, all expenses and permissions must be obtained from the landlord in written form.

As per the Rent Control Act, repair expenses are typically divided between the landlord and the tenant. In conclusion, it is imperative to safeguard the rights of landlords alongside those of tenants. 

Landlord's Right To Hike Rent

The legal framework grants landlords significant authority in adjusting rental rates, allowing them to both establish rents based on prevailing market conditions and periodically revise them. This prerogative is further reinforced by the proposed Model Tenancy Act, which aims to bring equilibrium to the rental landscape by integrating it into the formal housing sector. 

The Act established critical elements such as inheritance, rental obligations, duration of tenancy, and responsibilities of both tenants and landlords. Typically, rental rates in India increase annually, averaging around 10 per cent. However, specific state regulations may influence this trend.