To avoid friction as tenants and landlords, there are certain rules and rights everyone should be aware of. So, here is a simple look at some commonly overlooked aspects.
In case of rental accommodations, tenants often face disputes with their landlords regarding minor things. Therefore, it is important to know and respect your rights as tenants as well as landlords to live in harmony.
Simplest requirements which the landlord (licensor) is supposed to provide to the tenant (licensee):
- The proper details of the licensed area, like: size of the premises along with the availability of various other facilities such as car parking etc.
- Compliance to cooperate for getting all the documents (the leave and license agreement) properly stamped and registered at the sub- registrar’s office.
- To allow the incessant, safe and private use and occupation of the mentioned, licensed property to the licensee.
- To provide clear right, title and interest to the licensee.
- Tenants should properly inspect the property it for any defects, make a note of it and share it with the landlords before they rent it.
- All the plumbing systems, electrical fittings, and other provisions in the apartment must be in usable condition. And this need to be checked by the tenants beforehand
- Some tenants might also ask for some repairs or paint jobs to be done in the property before shifting.
Who pays for repairs in a rented apartment?
According to the experts, ideally, the licensor for the landlord is supposed to bear all the costs which arise out of wear and tear and any kind of structural damage which is caused to the premises, since the monthly license fees are enjoyed by them.
However many or rather most of the parties agree to the thing that when the licensor bears the costs of any long-term structural damage, the regular wear and tear is borne by the licensor or the tenant.
When should the deposit be handed over to the landlord?
While the tenant moves to into the rented property, he/she usually gives an advance as a security to the landlord as the Deposit. Deposit serves the purpose for the landlord in case of any damages or non- payment by the tenant. The payment period for the deposit is usually discussed at the time of signing the agreement with the landlord. Administrative fees are typically included in the deposit. All the reasons for which the deposit can be deducted must be mentioned in the agreement. After the completion of tenancy period, the deposit is returned to the tenant after applying all the deductions (if any).
How much can my rent be increased?
Any increase in rent is completely based on the understanding between the licensor and the licensee. As per the law strictly, there isn’t any restriction on the increase. But, the licensee must negotiate to settle on fair conditions, wrt to the increase of the rent.
Under what condition the tenant can be asked to vacate the property?
The tenant can be asked to vacate the property under two conditions:
- Eviction with a cause and
- Eviction without a cause
In the words of Dhruva: “In case of eviction without a cause, the landlords can allow the tenants the pre- decided notice period, to look for any alternate accommodation.” In majority of the cases, the cause for eviction can be any of the following:
- Non- consistent paying of the payments
- Violation of terms or conditions discussed in the agreement.
- Taking place of any illegal activities on the leased property.
- Damage to the rental property.