Rights & Liabilities of Tenant

There are several rights and obligations that are interconnected between the tenant and landlord, these relationships are continued between them by the subsequent medium of a contract between them. Now let’s understand the rights and duties of the tenant through this article. 

Rights and duties of the tenant 

Before making the agreement between the landlord and tenant, the tenant must be capable of contracting and certain liabilities are mentioned on those agreements, thus the capability of the tenant to contract is merely important. Therefore, the person who is a minor or unsound mind cannot be a tenant.

The provisions of rights and liabilities of the tenant are provided in Transfer of property act, if the law provides rights, it also puts some liabilities to enjoy the benefit of the delivered property.

Rights of the tenant 

Restoration Cost:

Every property requires some kind of maintenance if used by any individual and these responsibilities are on the hand of the owner to fulfil the maintenance, if the landlord don’t maintain the property that is necessary for the tenant, the tenant may restore the property by his own cost  can fix it, and the tenant can reduce the cost paid in the rent which he have to pay to the landlord

Right to deduct Public charges

Some of the additional charges that include the municipal tax, revenue and so on are the duties of the landlord, if the landlord fails to pay such charges the tenant may pay to avoid any legal action to the property for which the tenant has the right to deduct such amount from the rent which he has to pay.

Right to remove the attachment 

If the tenant had attached any kind of machinery, trees, decoration etc. then the tenant has the right to remove such attachment after the termination of the lease, the attached thing must be removed by the tenant without hampering the original property.

Rights to transfer the benefits

If the landlord has not prohibited the tenant from transferring the rights to any other person then the tenant has the right to sublet the property to the other person with  the same interest as provided to him by the landlord.

Under section 108(B) from the clause (k) to (q) the liabilities of the tenant are given 

These liabilities and duties are:

Disclosing of the Fact:

If any kind of the fact that is known to the tenant that hikes the value of the property such information must be disclosed to the landlord, for example, as the tenant finds that there is some kind of valuable things in the property this must be disclosed to the landlord.

Payment of the rent:

As mentioned in the lease deed about the payment of the rent the tenant should pay the rent in the same way, it’s the mere duty of the tenant to pay the amount in the mentioned time and at the mentioned places.

Maintain the property:

It’s the reasonable duty of the tenant to maintain the property and take care of it, he must maintain the property and keep it in such condition as it was provided to him by the landlord, also the tenant is not liable to reconstruct the property and hamper its original structure.

Notify of encroachment:

If any encroachment, any interference, any kind of suit or proceedings is taken and the tenant is aware that he is liable to notify such to the landlord.

Reasonable use:

the tenant should use the property as he would use his personal property, he should not hamper the property or destroy it and must not make any permanent alteration without the permission of the landlord.

Restore possession:

If the lease has been terminated or the term has been expired, the tenant must re-transfer it to the landlord and vacate the property, if the possession is continued after the term has expired and the tenant continues the possession, this is said to be an unauthorised possession by the tenant.

How can Lead India help?

The expert team of Lead India will help you in getting drafted the lease agreement and will also assist you by free legal advice online if any legal consequences arise between the tenant and the landlord.