Legal Lines between Landlord and Tenant

A rented home is an asset to a landlord and security to a tenant. Disputes over rent, eviction and repairs are common, but neither side can take the law into their own hands. The House Rent Control Act, 1991 sets out safeguards and remedies for both.

When can a tenant be evicted?
Under section 18(1), a tenant who pays lawful rent and follows the tenancy terms is generally protected from eviction, subject to grounds including breach of section 108 of the Transfer of Property Act, 1882, unauthorised subletting, nuisance, unauthorised use, and the landlord’s genuine need for construction, reconstruction or occupation. Under section 18(2), expiry of tenancy or transfer of ownership alone is not sufficient if the tenant remains willing to pay lawful rent. Protection may be lost for delayed rent under section 18(5), while section 18(6) applies the agreed rent where standard rent has not been fixed.

What if the landlord refuses rent?
A tenant should not stop paying rent because of a dispute. Section 13 requires a rent receipt upon payment. If rent is refused, section 19(1) allows deposit with the Rent Controller, subject to the law; section 19(2) applies where entitlement to receive rent is disputed. Payment records should be preserved.

Can rent be increased arbitrarily?
Under section 7, rent above the standard rent is generally not recoverable. Either party may seek its determination under section 15, with re-determination every two years under section 16. Section 10 restricts premium, salami, security and similar charges and generally limits advance rent to one month without the Controller’s approval, subject to exceptions.

What about repairs and essential services?
Under section 21, a tenant may approach the Rent Controller if the landlord fails to make required repairs or maintain essential services such as water, electricity, sanitation or lifts. Subject to the prescribed procedure, the Controller may allow the tenant to undertake the work and recover the permitted cost. Urgent repairs receive special protection. Section 24 may penalise unlawful interference with essential services.

What should both sides do?
A written agreement should cover rent, duration, security deposit, permitted use and maintenance, with receipts and other records preserved. Under section 28, specified offences under sections 23 to 27 may be reported to the Rent Controller. Under section 30, an aggrieved party may appeal the Controller’s order to the District Judge within 30 days.
The rule is simple: landlords must exercise property rights lawfully, while tenants must comply with their legal and contractual obligations.