Tenant rights explained: What owners can and cannot do

Whether you live in a rented accommodation or are planning to move into one, there are certain rights that you are eligible to as a tenant. Here is what the owner can and cannot do.Tenancy laws in India are mostly governed by state-specific laws, and the Model Tenancy Act of 2021, which can be adopted by states all over India.However, it is important to know that states have their own specific laws, which usually vary from the MTA in terms of tenant rights. So far, MTA’s guidelines are effective in Uttar Pradesh, Assam, Andhra Pradesh, and Tamil Nadu. While Maharashtra is about to adopt it.Here are the rights which tenants can exercise under this act.The landlord cannot evict the tenant from the property while the agreement continues, provided there is a specific written agreement, legal violations, such as misuse of the property, not paying rent for two consecutive months, or unauthorised structural changes. The landlord must approach the rent court and file for the tenant’s eviction (established under MTA 2021).According to the law, landlords cannot charge an unlimited amount of security deposit. Under the MTA 2021, for a residential property, the maximum deposit that can be charged is 2 months of rent, while for commercial spaces, it is 6 months of rent.Services like water, electricity, lights, lifts, and parking are basic requirements. If a landlord cuts them off, the tenant can approach the Rent Authority, which can then order restoration immediately, even award compensation, up to 2 months of rent.According to the act, no premise can be rented without a formal written agreement, jointly submitted to the Rent Authority.After paying rent, tenants have a right to receive a signed physical receipt. If paid electronically, an acknowledgement from the bank serves as proof. You can also download the PDF of your UPI transaction receipt.A landlord or property manager cannot enter the rented premises at any time they please. They must provide written or electronic notice informing about the day, time, and reason for entry (such as repairs or inspection) at least 24 hours in advance. Moreover, entry is strictly restricted between sunrise and sunset.It is a landlord’s duty to conduct structural repairs. If the landlord refuses to carry out essential repairs to make the property liveable, the tenant has the right to carry out the repairs themselves. Deducting expenses up to 50% of the monthly rent.If the landlord refuses to fix the house that has become entirely unlivable, the tenant can vacate after giving a 15-day written notice. The landlord, after deducting any unrelated, pre-existing liabilities, must refund the entire security deposit and any advance rent the tenant paid within 15 days of the notice expiringIf the property is struck by a natural disaster, such as floods, earthquakes, or fire, the landlord cannot charge rent until the property is restored enough to live. If it cannot be fixed, the landlord must refund the security deposit and advance rent within 15 days.